BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 186
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|Author: |Jackson |
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|Version: |March 17, 2015 Hearing |
| |Date: March 25, 2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Kathleen Chavira |
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Subject: Community college districts: removal, suspension, or
expulsion
NOTE : This bill has been referred to the Committees on
Education and Rules. A "do
pass" motion should include referral to the
Committee on Rules.
SUMMARY
This bill expands the definition of "good cause" for purposes of
removal, suspension or expulsion from a community college to
include sexual assault or sexual battery and, for this conduct
exclusively, makes an exception to the prohibition against
removal, suspension, or expulsion unless the conduct is related
to college activity or attendance.
BACKGROUND
Existing law provides for the suspension or expulsion of
community college students with "good cause." (Education Code §
76030-76038)
Existing law defines "good cause" as including but not being
limited to, the following offenses:
1. 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.
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2. Assault, battery, or any threat of force or violence
upon a student or college personnel.
3. 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.
4. 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.
5. Willful or persistent smoking in any area where smoking
has been prohibited by law or by regulation of the
governing board.
6. Persistent, serious misconduct where other means of
correction have failed to bring about proper conduct. (EC §
76033)
Existing law 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. (EC § 76034)
ANALYSIS
This bill:
1. Expands the definition of "good cause" for purposes of
suspension or expulsion from a community college.
Specifically it:
A. Adds the offenses of sexual assault or sexual
battery.
B. Specifies the offense to be "good cause"
regardless of the victim's affiliation with the
community college.
2. Makes an exception to the prohibition against removal,
suspension or expulsion of a student unless the conduct
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resulting in the disciplinary action is related to college
activity or college attendance if the conduct is sexual
assault or sexual battery.
3. Clarifies the continuing applicability of federal law.
STAFF COMMENTS
1. Need for the bill. According to the author, at a
roundtable discussion at UC Santa Barbara in November 2014,
local community college representatives raised concerns
about their inability to discipline students for sexual
assault violations occurring off campus. Current law
prohibits community colleges from taking disciplinary
action against a student unless the conduct occurs on
campus or at campus related events. This is particularly
challenging at the community colleges since, for the most
part, these campuses are non-residential. The
representatives expressed the need to have clear legal
authority in place to ensure their students' and
communities' safety and well-being. This bill is intended
to remove the prohibition against community college
districts as regards to off-campus jurisdiction for student
code of conduct violations involving sexual assault or
sexual battery.
2. Related legal opinion. Legal Opinion L 07-07, issued by
the California Community Chancellor's Office in 2007,
provides guidance to districts on the "Availability and Use
of Information on Students' Past Conduct." In response to
questions regarding the actions a college can take if
officials become knowledgeable about prior violent or
criminal behavior enacted at another college campus that
creates safety concerns, the opinion notes that colleges
may establish health or safety prerequisites, seek
restraining orders, share information necessary to protect
health and safety of individuals, and educate the college
community about risks and responses. The legal opinion
further notes that "relying on vague statutory language to
exclude students from publicly
funded education carries considerable risk because vague
language does not provide clear guidance concerning what
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behavior supports exclusion."
3. UC/CSU Policies? According to the author, this bill is
intended to align the community college authority with that
of the University of California (UC) and California State
University (CSU) by allowing community colleges to hold
students accountable for sexual assaults or sexual battery
whether on or off campus and regardless of the victim's
affiliation with the college.
There is no statutory restriction on the UC's extension of
its jurisdiction over issues of student conduct beyond the
campus. The UC 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 CSU, Title V regulations authorize
sanctions for specified conduct to be imposed on
applicants, enrolled students, students between academic
terms, graduates awaiting degrees, and students who
withdraw from school while a disciplinary matter is
pending. The 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. In addition, Executive
Order 1095, adopted in June 2014 to outline implementation
of Title IX, the Clery Act, and state law and regulations,
specifically allows third parties (individuals other than
students or employees) to make complaints which would then
be investigated and acted on as appropriate.
4. Federal law. This bill clarifies the continuing
applicability of (and the authority of community colleges
to act under) federal law. These federal laws include Tile
IX and the Clery Act.
Title IX applies to educational institutions receiving
federal financial assistance and prohibits discrimination
on the basis of sex in an educational institution's
programs or activities, including employment, academic,
educational, extracurricular and athletic activities (both
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on and off campus). It also protects all people regardless
of their gender or gender identity from sex discrimination,
including sexual harassment and sexual violence. Title IX
requires institutions to take necessary steps to prevent
sexual assault on their campuses, and to respond promptly
and effectively when an assault is reported.
The Clery Act requires colleges and universities to report
annual statistics on crime, including sexual assault and
rape, on or near their campuses, and to develop and
disseminate prevention policies. The Act requires that
institutional policies address and prevent sexual violence
through training, education, and certain discipline
procedures.
5. Related and prior legislation. AB 969 (Williams) makes an
exception to the prohibition against removal, suspension or
expulsion of a student unless the conduct resulting in the
disciplinary action is related to college activity or
attendance if the conduct threatens the safety of students
or the public and includes an individual who has been
suspended for a sexual assault or sexual battery offense
from another community college district. The bill also
authorizes a community college district to require a
student seeking admission to inform the community college
district if he or she has been previously suspended from a
community college in the state for rape, sexual assault, or
sexual battery. AB 969 is awaiting action in the
Assembly Higher Education Committee.
SUPPORT
California Communities United Institute
OPPOSITION
None received.
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