BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 186


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          SENATE THIRD READING


          SB  
          186 (Jackson)


          As Amended  April 16, 2015


          Majority vote


          SENATE VOTE:  35-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Higher          |11-0 |Medina, Baker, Bloom, |                    |
          |Education       |     |Chávez, Irwin,        |                    |
          |                |     |Jones-Sawyer, Levine, |                    |
          |                |     |Linder, Low,          |                    |
          |                |     |Santiago, Williams    |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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  








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            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  
            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, as  
               specified.


             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, as specified.


          EXISTING LAW: 


          1)Authorizes a California Community College (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  








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            student whom the district has a protective order against to  
            apply for reinstatement. (Education Code (EDC) Section 76030)
          2)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.  (EDC Section 76034)


          3)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.  
            (EDC Section 76038)


          4)Requires, under federal Title IX (20 United States Code  
            Sections 1681 to 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 the  
          Legislative Counsel.


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









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




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








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