BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 186


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          Date of Hearing:  June 23, 2015 


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          SB  
          186 (Jackson) - As Amended April 16, 2015


          SENATE VOTE:  35-0


          SUBJECT:  Community college districts: removal, suspension, or  
          expulsion.


          SUMMARY:  Authorizes a California Community College District  
          (CCD) to remove, suspend, or expel a student for sexual assault,  
          as specified.  Specifically, this bill:  


          1)Authorizes a CCD to remove, suspend or expel a student for  
            specified sexual assault conduct that is unrelated to college  
            activity or attendance.


          2)Provides that the statutes prohibiting a student from being  
            removed, suspended, or expelled unless the conduct for which  
            the student is being disciplined is related to college  
            activity or college attendance are not intended to limit the  
            ability of a CCD to take appropriate action in compliance with  
            federal law. 


          3)Expands the definition of "good cause" for which a CCD may  








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            suspend or expel a student to include both of the following:


             a)   Sexual assault, defined as actual or attempted sexual  
               contact with another person without that person's consent,  
               regardless of the victim's affiliation with the CCD,  
               including, but not limited to, any of the following:


               i)     Intentional touching of another person's intimate  
                 parts without that person's consent or other intentional  
                 sexual contact with another person without that person's  
                 consent.


               ii)    Coercing, forcing, or attempting to coerce or force  
                 a person to touch another person's intimate parts without  
                 that person's consent.


               iii)   Rape, which includes penetration, no matter how  
                 slight, without the person's consent, of either of the  
                 following:


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


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


             b)   Sexual exploitation, defined as a person taking sexual  
               advantage of another person for the benefit of anyone other  
               than that person without that person's consent, regardless  
               of the victim's affiliation with the CCD, including, but  
               not limited to, any of the following:









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               i)     Prostituting another person.


               ii)    Recording images, including video or photograph, or  
                 audio of another person's sexual activity, intimate body  
                 parts, or nakedness without that person's consent.


               iii)   Distributing images, including video or photograph,  
                 or audio of another person's sexual activity, intimate  
                 body parts, or nakedness, if the individual distributing  
                 the images or audio knows or should have known that the  
                 person depicted in the images or audio did not consent to  
                 the disclosure and objected to the disclosure.


               iv)    Viewing another person's sexual activity, intimate  
                 body parts, or nakedness in a place where that person  
                 would have a reasonable expectation of privacy, without  
                 that person's consent, and for the purpose of arousing or  
                 gratifying sexual desire.


          EXISTING LAW:    

          1)Requires the public higher education segments to adopt  
            specific rules governing student behavior with applicable  
            penalties for violations of the rules, and procedures by which  
            students are informed of rules. (Education Code Section 66300)

          2)Requires public and independent postsecondary institutions, as  
            a condition of receipt of student aid funds, to adopt a policy  
            concerning campus sexual violence, domestic violence, dating  
            violence, and stalking that includes specified components and  
            standards, including an "affirmative consent" standard for  
            determining whether consent was given by both parties to  
            sexual activity.  Establishes a preponderance of evidence as  
            the evidentiary standard for determining if sexual  








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            violence/harassment occurred. (EDC Section 67386)



          3)Authorizes a CCC, the president of a CCC, or the president's  
            designee, or an instructor to suspend a student for good  
            cause, as defined; authorizes the governing board to expel a  
            student for good cause when other means of correction fail to  
            bring about proper conduct, or when the presence of the  
            student causes a continuing danger to the physical safety of  
            the student or others; requires the suspension or expulsion of  
            a student to be accompanied by a hearing as provided; and,  
            authorizes a CCD to require a student whom the district has a  
            protective order against to apply for reinstatement.  
            (Education Code Section 76030)

          4)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.  (Education Code Section 76034)

          5)Authorizes a governing board of a CCD to deny enrollment,  
            permit enrollment, or permit conditional enrollment to a  
            student who has been expelled or is being considered for  
            expulsion from another CCD within the preceding five years for  
            specified offenses, following a hearing and appeal process.  
            (Education Code Section 76038)

          6)Requires, under federal Title IX (20 U.S.C. sections  
            1681-1688), public and private postsecondary educational  
            institutions that participate in the federal financial aid  
            program to establish certain rights for victims of sexual  
            assault.
          
          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by  
          Legislative Counsel.

          COMMENTS:  Background.  On November 12, 2014, the author  
          participated in a roundtable at UC Santa Barbara (UCSB), hosted  








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          by the Assembly Higher Education Committee, to review UCSB's  
          handling of sexual assault complaints.  Roundtable attendees  
          included representatives of UCSB and Santa Barbara Community  
          College (SBCC).  According to testimony provided by SBCC  
          representatives, current law (EDC Section 76034) has been  
          interpreted to prohibit a CCD from taking action to suspend or  
          expel a student found to have violated a campus misconduct  
          policy, even in cases of rape, unless the misconduct occurred on  
          the college campus.     

          CCC Chancellor's Office opinion.  In 2007, the CCC Chancellor's  
          Office issued Legal Opinion L 07-07 to provide guidance to CCDs  
          regarding the authority to discipline a student.  The opinion  
          notes that EDC Section 76034 imposes a significant limitation on  
          the ability of a CCD to impose discipline for conduct even if  
          that conduct is criminal in nature. However, it goes on to state  
          that in 1966 the Attorney General indicated that this language  
          in a predecessor statute "should not be interpreted to mean that  
          school districts could only impose discipline for conduct that  
          actually occurred at school and during school hours.  Instead,  
          the Attorney General determined that if a district could  
          identify a link between the conduct and school activities or  
          attendance, then conduct that occurred away from school could be  
          considered for disciplinary purposes."   The opinion notes that  
          if a student commits a crime that has nothing to do with a  
          college activity or with college attendance, the college will be  
          hard-pressed to suspend or expel for that conduct. 



          UC and CSU Policies.  There is no similar statutory restriction  
          on the University of California (UC) 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 California  
          State University (CSU), Title V regulations specifically state  
          that conduct that threatens the safety or security of the campus  








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          community, or substantially disrupts the functions or operation  
          of the University is within this jurisdiction whether it occurs  
          on or off campus.  





          Purpose of this bill.  According to the author, this bill would  
          align CCC authority with that of UC and CSU by allowing CCCs to  
          hold students accountable for sexual assaults or sexual  
          exploitation whether on or off campus, and regardless of the  
          victim's affiliation with the college.





          Related legislation.  AB 969 (Williams), pending in the Senate,  
          would authorize a CCD to take specified action to remove,  
          suspend, expel, or deny access to a student found responsible  
          for specified activities.  Should SB 186 and AB 969 both move  
          forward to the Governor, conflicts between the two bills would  
          need to be addressed.  Committee staff understands conversations  
          between the authors regarding the different approaches taken in  
          these bills are ongoing.     





          REGISTERED SUPPORT / OPPOSITION:




          Support










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          California Coalition Against Sexual Assault 


          California Federation of Teachers


          Los Angeles Community College District




          Opposition


          None on File




          Analysis Prepared by:Laura Metune / HIGHER ED. / (916)  
          319-3960