BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 186|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: SB 186
Author: Jackson (D)
Amended: 3/17/15
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/25/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Pan, Vidak
NO VOTE RECORDED: Huff
SUBJECT: Community college districts: removal, suspension,
or expulsion
SOURCE: Author
DIGEST: 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.
ANALYSIS:
Existing law:
1)Provides for the suspension or expulsion of community college
students with "good cause." (Education Code § 76030-76038)
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2)Defines "good cause" as including but not being 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. (EC §
76033)
3)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)
This bill:
1)Expands the definition of "good cause" for purposes of
suspension or expulsion from a community college.
Specifically it:
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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
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified3/26/15)
California Communities United Institute
OPPOSITION: (Verified3/26/15)
None received
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
4/8/15 15:13:10
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