BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 186| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 186 Page 2 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) SB 186 Page 3 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 SB 186 Page 4 OPPOSITION: (Verified 4/21/15) None received Prepared by:Kathleen Chavira / ED. / (916) 651-4105 4/22/15 17:01:30 **** END ****