Amended in Senate April 16, 2015

Amended in Senate March 17, 2015

Senate BillNo. 186


Introduced by Senator Jackson

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(Coauthor: Senator Block)

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(Coauthor: Assembly Member Maienschein)

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February 9, 2015


An act to amend Sections 76033 and 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 provides for the removal, suspension, and expulsion of a community college student, as specified, for good cause, as defined. 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 add to the definition of good cause, for the purpose of removal, suspension, and expulsion of a community college student, thebegin delete offenseend deletebegin insert offensesend insert of sexual assaultbegin delete orend deletebegin insert andend insert sexualbegin delete battery,end deletebegin insert exploitation, as defined,end insert regardless of the victim’s affiliation with the community college. The bill would authorize the governing board of a community college district to remove, suspend, or expel a student for sexual assault or sexualbegin delete battery,end deletebegin insert exploitation,end insert regardless of the victim’s affiliation with the community college, even if the offense is not related to college activity or attendance.

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 76033 of the Education Code is amended
2to read:

3

76033.  

As used in this article, “good cause” includes, but is
4not limited to, the followingbegin delete offenses:end deletebegin insert offenses, occurring while
5enrolled as a student:end insert

6(a) Continued disruptive behavior, continued willful
7disobedience, habitual profanity or vulgarity, or the open and
8persistent defiance of the authority of, or persistent abuse of,
9college personnel.

10(b) Assault, battery, or any threat of force or violence upon a
11student or college personnel.

12(c) Willful misconduct which results in injury or death to a
13student or college personnel or which results in cutting, defacing,
14or other injury to any real or personal property owned by the
15district.

16(d) The use, sale, or possession on campus of, or presence on
17campus under the influence of, any controlled substance, or any
18poison classified as such by Schedule D in Section 4160 of the
19Business and Professions Code.

20(e) Willful or persistent smoking in any area where smoking
21has been prohibited by law or by regulation of the governing board.

22(f) Persistent, serious misconduct where other means of
23correction have failed to bring about proper conduct.

24(g) Sexualbegin delete assault or sexual battery, regardless of the victim’s
25affiliation with the community college.end delete
begin insert assault, defined as actual
26or attempted sexual contact with another person without that
27person’s consent, regardless of the victim’s affiliation with the
28community college, including, but not limited to, any of the
29following:end insert

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P3    1(1) Intentional touching of another person’s intimate parts
2without that person’s consent or other intentional sexual contact
3with another person without that person’s consent.

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4(2) Coercing, forcing, or attempting to coerce or force a person
5to touch another person’s intimate parts without that person’s
6consent.

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7(3) Rape, which includes penetration, no matter how slight,
8without the person’s consent, of either of the following:

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9(A) The vagina or anus of a person by any body part of another
10person or by an object.

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11(B) The mouth of a person by a sex organ of another person.

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12(h) Sexual exploitation, defined as a person taking sexual
13advantage of another person for the benefit of anyone other than
14that person without that person’s consent, regardless of the victim’s
15affiliation with the community college, including, but not limited
16to, any of the following:

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17(1) Prostituting another person.

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18(2) Recording images, including video or photograph, or audio
19of another person’s sexual activity, intimate body parts, or
20nakedness without that person’s consent.

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21(3) Distributing images, including video or photograph, or
22audio of another person’s sexual activity, intimate body parts, or
23nakedness, if the individual distributing the images or audio knows
24or should have known that the person depicted in the images or
25audio did not consent to the disclosure and objected to the
26disclosure.

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27(4) Viewing another person’s sexual activity, intimate body
28parts, or nakedness in a place where that person would have a
29reasonable expectation of privacy, without that person’s consent,
30and for the purpose of arousing or gratifying sexual desire.

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31

SEC. 2.  

Section 76034 of the Education Code is amended to
32read:

33

76034.  

(a) Except in response to conduct specified in
34begin delete subdivisionend deletebegin insert subdivisionsend insert (g)begin insert and (h)end insert of Section 76033, no student
35shall be removed, suspended, or expelled unless the conduct for
36which the student is disciplined is related to college activity or
37college attendance.

P4    1(b) This section is not intended to limit provisions of federal
2law, or limit the ability of community college districts to take
3appropriate action under federal law.



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