BILL ANALYSIS Ó
AB 969
Page 1
ASSEMBLY THIRD READING
AB
969 (Williams)
As Amended April 23, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Higher |12-0 |Medina, Baker, Bloom, | |
|Education | |Harper, Irwin, | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Low, Santiago, | |
| | |Weber, Williams | |
| | | | |
| | | | |
|----------------+------+-----------------------+-------------------|
|Appropriations |15-2 |Gomez, Bigelow, Bloom, |Jones, Wagner |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Quirk, | |
| | |Rendon, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Authorizes a California Community College District (CCD)
to take specified action to remove, suspend, expel, or deny access
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to a student found responsible for specified activities.
Specifically, this bill:
1)Allows a CCD to remove, suspend, or expel a student for conduct
that threatens the safety of students and the public, whether
that conduct occurs on or off campus.
2)Expands the circumstances under which the governing board of a
CCD can deny or permit conditional admission to an individual to
include an individual who has been suspended for a violation of
the CCD's sexual violence policy.
3)Authorizes a CCD to require a student seeking admission who is
suspended from a CCD in this state a violation of the sexual
violence policy to inform the district of the suspension.
Provides that failure to do so may be considered by the CCD in
determining whether to grant admission, and a written record of
the fact may be maintained by the CCD with the applicant's file.
EXISTING LAW:
1)Requires public and independent postsecondary institutions, as a
condition of receipt of student aid funds, to adopt a policy
concerning campus sexual violence, domestic violence, dating
violence, and stalking that includes specified components and
standards, including an "affirmative consent" standard for
determining whether consent was given by both parties to sexual
activity. Establishes a preponderance of evidence as the
evidentiary standard for determining if sexual
violence/harassment occurred. (Education Code Section 67386)
2)Authorizes a CCC, the president of a CCC, or the president's
designee, or an instructor to suspend a student for good cause;
authorizes the governing board to expel a student for good cause
when other means of correction fail to bring about proper
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conduct, or when the presence of the student causes a continuing
danger to the physical safety of the student or others; requires
the suspension or expulsion of a student to be accompanied by a
hearing as provided; and, authorizes a CCD to require a student
whom the district has a protective order against to apply for
reinstatement. (Education Code Section 76030)
3)Prohibits the removal suspension or expulsion of a community
college student unless the conduct resulting in the disciplinary
action is related to college activity or college attendance.
(Education Code Section 76034)
4)Authorizes a governing board of a CCD to deny enrollment, permit
enrollment, or permit conditional enrollment to a student who
has been expelled or is being considered for expulsion from
another CCD within the preceding five years for specified
offenses, following a hearing and appeal process. (Education
Code Section 76038)
5)Requires, under federal Title IX (20 United States Code Sections
1681 to1688), public and private postsecondary educational
institutions that participate in the federal financial aid
program to establish certain rights for victims of sexual
assault.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor nonreimbursable costs for legal services to
districts who, in electing to consider whether to deny enrollment
or permit conditional enrollment to an individual, conduct the
required hearings and establish the required appeals process and
conduct appeals upon request. Assuming up to $5,000 per hearing,
annual costs statewide would probably not exceed $50,000 to
$100,000.
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COMMENTS: Background. On November 12, 2014, the author organized
a roundtable at University of California, Santa Barbara (UCSB) to
review the university's handling of sexual assault complaints.
Roundtable attendees included representatives of UCSB and Santa
Barbara Community College (SBCC). According to testimony provided
by SBCC representatives, current law (Education Code Section
76034) has been interpreted to prohibit a CCD from taking action
to suspend or expel a student found to have violated a campus
misconduct policy, even in cases of rape, unless the misconduct
occurred on the college campus.
CCC Chancellor's Office opinion. In 2007, the CCC Chancellor's
Office issued Legal Opinion L 07-07 to provide guidance to CCDs
regarding the authority to discipline a student. The opinion
notes that Education Code Section 76034 imposes a significant
limitation on the ability of a CCD to impose discipline for
conduct even if that conduct is criminal in nature. However, it
goes on to state that in 1966 the Attorney General indicated that
this language in a predecessor statute "should not be interpreted
to mean that school districts could only impose discipline for
conduct that actually occurred at school and during school hours.
Instead, the Attorney General determined that if a district could
identify a link between the conduct and school activities or
attendance, then conduct that occurred away from school could be
considered for disciplinary purposes." The opinion notes that if
a student commits a crime that has nothing to do with a college
activity or with college attendance, the college will be
hard-pressed to suspend or expel for that conduct.
Purpose of this bill. According to the author, about 70% of rape
and sexual assault victimizations occur either at the victim's
home or the home of another known person, meaning that most sexual
assault cases do not occur on campus or during campus related
events. This bill makes three important changes to current law:
1) it clarifies current law to ensure that CCDs can take
appropriate action to suspend or expel students who pose a threat
to the campus community; 2) it would require a transfer student to
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disclose whether they were dismissed previously from an
institution for sexual assault; and, 3) it would direct a local
CCD governing board to hold a hearing to determine whether to
enroll a student who has been suspended or expelled from another
CCD for sexual assault.
UC and CSU Policies. There is no similar statutory restriction on
the University of California extension of its jurisdiction over
issues of student conduct beyond the campus. The University of
California reports that its campuses have exercised this
discretion in the interpretation and application of student
conduct code expectations and discipline when it determines that
the conduct endangers the campus community. According to the
California State University, Title V regulations specifically
state that conduct that threatens the safety or security of the
campus community, or substantially disrupts the functions or
operation of the University is within this jurisdiction whether it
occurs on or off campus.
Analysis Prepared by:
Laura Metune / HIGHER ED. / (916) 319-3960 FN:
0000315