BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        SB 186|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 186
          Author:   Jackson (D), et al.
          Amended:  4/16/15  
          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.




          Senate Floor Amendments of 4/16/15 clarify and narrow the  
          applicability of the bill's provisions and specifically define  
          the offense of "sexual assault" which may lead to disciplinary  
          action by the college.


          ANALYSIS:   








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          Existing law:


          1)Provides for the suspension or expulsion of community college  
            students with "good cause."  (Education Code  76030-76038)

          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) 










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          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  
            resulting in the disciplinary action is related to college  
            activity or college attendance if the conduct is sexual  
            assault or sexual battery.


             3)   Clarifies that the offenses which may result in  
               disciplinary action must occur while the individual is  
               enrolled as a student.


             4)   Defines sexual assault, for purposes of the bill,  
               consistent with guidance and definitions issued to colleges  
               by the White House Task Force to Protect Students from  
               Sexual Assault.


             5)   Clarifies the continuing applicability of federal law.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified 4/21/15)


          None received







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          OPPOSITION:   (Verified 4/21/15)


          None received


          Prepared by:Kathleen Chavira / ED. / (916) 651-4105
          4/22/15 17:01:30


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