Senate BillNo. 186


Introduced by Senator Jackson

February 9, 2015


An act to amend Section 76034 of the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL’S DIGEST

SB 186, as introduced, Jackson. Community college districts: removal, suspension, or expulsion.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, each administered by a governing board, throughout the state, and authorizes these districts to provide instruction to students at community college campuses maintained by the districts.

Existing law prohibits a community college student from being removed, suspended, or expelled unless the conduct for which the student is disciplined is related to college activity or attendance.

This bill would authorize the governing board of a community college district to remove, suspend, or expel a student for conduct occurring off of the community college district property, as specified. The bill would require the governing board of a community college district, in determining whether to exercise jurisdiction over an instance of student conduct occurring off campus, to consider specified factors.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 76034 of the Education Code is amended
2to read:

3

76034.  

begin deleteNo end deletebegin insert(a)end insertbegin insertend insertbegin insertExcept as provided in this section, no end insertstudent
4shall be removed, suspended, or expelled unless the conduct for
5which the student is disciplined is related to college activity or
6college attendance.

begin insert

7(b) The governing board of a community college district may
8remove, suspend, or expel a student for conduct that occurs off of
9the community college district property, subject to subdivision (c).
10In determining whether to exercise jurisdiction over student
11conduct occurring off campus, the governing board of the
12community college district shall consider all of the following as
13it applies to the individual case:

end insert
begin insert

14(1) Whether the alleged victim is a member of the campus
15community.

end insert
begin insert

16(2) The seriousness of the alleged misconduct.

end insert
begin insert

17(3) Whether a crime has been reported to the criminal
18authorities.

end insert
begin insert

19(4) The risk of future harm involved.

end insert
begin insert

20(5) Whether the off-campus conduct is part of a series of actions
21that occurred both on and off campus.

end insert
begin insert

22(6) The ability of the governing board of the community college
23district to gather evidence, including, but not limited to, the
24testimony of witnesses.

end insert
begin insert

25(c) The governing board of a community college district shall
26not exercise jurisdiction over student conduct that occurs off
27campus unless the conduct involves sexual assault, physical abuse,
28threats of violence, arson-related offenses, sexual harassment,
29stalking, or hazing.

end insert


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