SB 186, as amended, 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
begin delete 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.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
As used in this article, “good cause” includes, but is
4not limited to, the following offenses:
5(a) Continued disruptive behavior, continued willful
6disobedience, habitual profanity or vulgarity, or the open and
7persistent defiance of the authority of, or persistent abuse of,
9(b) Assault, battery, or any threat of force or violence upon a
10student or college personnel.
11(c) Willful misconduct which results in injury or death to a
12student or college personnel or which results in cutting, defacing,
13or other injury to any real or personal property owned by the
15(d) The use, sale, or possession on campus of, or presence on
16campus under the influence of, any controlled substance, or any
17poison classified as such by Schedule D in Section 4160 of the
18Business and Professions Code.
19(e) Willful or persistent smoking in any area where smoking
20has been prohibited by law or by regulation of the governing board.
21(f) Persistent, serious misconduct where other means of
22correction have failed to bring about proper conduct.
Section 76034 of the Education Code is amended to
begin delete as provided in this section,end delete no student
30shall be removed, suspended, or expelled unless the conduct for
P3 1which the student is disciplined is related to college activity or
3(b) The governing board of a community college district may
4remove, suspend, or expel a student for conduct that occurs off of
5the community college district property, subject to subdivision (c).
6In determining whether to exercise jurisdiction over student
7conduct occurring off campus, the governing board of the
8community college district shall consider all of the following as
9it applies to the individual case:
10(1) Whether the alleged victim is a member of the campus
12(2) The seriousness of the alleged misconduct.
13(3) Whether a crime has been reported to the criminal
15(4) The risk of future harm involved.
16(5) Whether the off-campus conduct is part of a series of actions
17that occurred both on and off campus.
18(6) The ability of the governing board of the community college
19district to gather evidence, including, but not limited to, the
20testimony of witnesses.
21(c) The governing board of a community college district shall
22not exercise jurisdiction over student conduct that occurs off
23campus unless the conduct involves sexual assault, physical abuse,
24threats of violence, arson-related offenses, sexual harassment,
25stalking, or hazing.