Amended in Senate March 17, 2015

Senate Bill No. 186

Introduced by Senator Jackson

February 9, 2015

An act to amend begin delete Section end delete begin insert Sections 76033 and end insert 76034 of the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert provides for the removal, suspension, and expulsion of a community college student, as specified, for good cause, as defined. Existing law end insert 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 begin insert would add to the definition of good cause, for the purpose of removal, suspension, and expulsion of a community college student, the offense of sexual assault or sexual battery, regardless of the victim’s affiliation with the community college. The bill end insert 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 begin insert sexual assault or sexual battery, regardless of the victim’s affiliation with the community college, even if the offense is not related to college activity or attendance. end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 76033 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

76033.  

As used in this article, “good cause” includes, but is
not limited to, the following offenses:

(a) Continued disruptive behavior, continued willful
disobedience, habitual profanity or vulgarity, or the open and
persistent defiance of the authority of, or persistent abuse of,
college personnel.

(b) Assault, battery, or any threat of force or violence upon a
student or college personnel.

(c) Willful misconduct which results in injury or death to a
student or college personnel or which results in cutting, defacing,
or other injury to any real or personal property owned by the
district.

(d) The use, sale, or possession on campus of, or presence on
campus under the influence of, any controlled substance, or any
poison classified as such by Schedule D in Section 4160 of the
Business and Professions Code.

(e) Willful or persistent smoking in any area where smoking
has been prohibited by law or by regulation of the governing board.

(f) Persistent, serious misconduct where other means of
correction have failed to bring about proper conduct.

begin insert

(g) Sexual assault or sexual battery, regardless of the victim’s
affiliation with the community college.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 76034 of the Education Code is amended to
read:

76034.  

(a) Except begin delete as provided in this section, end delete begin insert in response to
conduct specified in subdivision (g) of Section 76033, end insert no student
shall be removed, suspended, or expelled unless the conduct for
which the student is disciplined is related to college activity or
college attendance.

begin delete

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

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

(2) The seriousness of the alleged misconduct.

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

(4) The risk of future harm involved.

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

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

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

end delete begin insert

(b) This section is not intended to limit provisions of federal
law, or limit the ability of community college districts to take
appropriate action under federal law.

end insert