BILL ANALYSIS �
AB 2171
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Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 2171 (Fong) - As Amended: March 21, 2012
SUBJECT : Public postsecondary education: community colleges:
expulsion hearing.
SUMMARY : Authorizes a California Community College district
(CCCD) governing board to, under specified circumstances, deny
admission to an applicant who has been expelled from a CCCD.
Specifically, this bill :
1)Allows a CCCD governing board to deny enrollment to an
applicant upon finding through a hearing, under rules and
regulations adopted pursuant to existing law requirements,
that the applicant has been expelled within the preceding five
years or is undergoing expulsion procedures in another CCCD,
for specified offenses, and that the applicant continues to
present a danger to the physical safety of the students and
employees of the CCCD.
2)Defines offenses to include:
a) Committed or attempted to commit murder.
b) Caused, attempted to cause, or threatened to cause
physical injury to another person, as defined in the Penal
Code, except in cases of self-defense.
c) Committed or attempted to commit a sexual assault or
committed sexual battery, as defined in the Penal Code.
d) Committed or attempted to commit kidnapping, or seized,
confined, inveigled, enticed, decoyed, abducted, concealed,
kidnapped, or carried away another person by any means with
the intent to hold or detain that person for ransom or
reward.
e) Committed or attempted to commit robbery or extortion.
f) Committed stalking as defined in the Penal Code.
g) Unlawfully possessed, sold, or otherwise furnished a
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firearm, knife, explosive, or other dangerous object.
3)Provides that a CCCD may request information from another CCCD
in determining whether the applicant continues to pose a
danger to the physical safety of others and, requires the CCCD
receiving such a request to respond within five working days.
4)Allows a CCCD to require applicants who have been previously
expelled from a CCCD for any of the defined offenses to inform
the CCCD of his or her prior expulsion and allows a CCCD to
consider the failure of an applicant to do so in determining
whether to grant admission.
5)Allows the CCCD governing board, when making a determination
on whether to enroll an applicant who has been expelled from
another CCCD for one of the defined acts, to consider denying
enrollment, permitting enrollment, or permitting conditional
enrollment.
6)Provides that a CCCD governing board may delegate any
authority under this bill to the superintendent or president
of a CCCD, or his/her designee, or a threat assessment crisis
team pursuant to adopted rules.
7)Requires that a CCCD establish an appeals process prior to
taking action pursuant to the authority provided by this bill,
and provides that a student denied enrollment under the
provisions of this bill may appeal the decision.
8)Establishes that the provisions of this bill shall not be
construed to impose any duty on a CCCD to review applicants
for admission or review previously enrolled students or to
conduct a hearing in response to the receipt of information,
and releases from liability for an injury resulting from an
exercise of discretion pursuant to this section any CCCD
officials.
9)Provides immunity from liability for specified CCCD employees
for an injury resulting from an exercise of the discretion
provided pursuant to this bill, in accordance with existing
Government Code provisions relative to liability of public
employees.
EXISTING LAW:
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1)Provides that a CCCD governing board is authorized 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. Provides that the expulsion shall be
accompanied by a hearing.
2)Provides that a CCCD governing body may exclude students from
attendance for "filthy or vicious habits, or students
suffering from contagious or infectious diseases" as well as
"any student whose physical or mental disability is such as to
cause his or her attendance to be inimical to the welfare of
other students."
FISCAL EFFECT : Unknown, however, according to the Senate
Appropriations analysis of substantially similar legislation (AB
288, 2011), potentially significant reimbursable state mandate
costs for the required enrollment notification and information
request processes.
COMMENTS : Purpose of this bill. According to the author,
CCC's are the only public educational segment in California
without the ability to ensure campus safety at one CCCD through
a screening process of students who have been expelled from
another CCCD. Currently, a student who is expelled from one
CCCD for a violent offense can freely enroll in another CCCD
without that CCCD's knowledge of his or her expulsion. This bill
addresses these problems by requiring a student enrolling in a
CCC to disclose that he or she had been expelled for a violent
offense from a CCCD, requiring a CCCD that had expelled a
student for one of the specified reasons to provide the
information to the receiving CCCD upon request, authorizing a
receiving CCCD to conduct a hearing in order to determine if a
student posed a threat to the faculty, staff, or other students,
and allowing the CCCD to deny enrollment to this student if
deemed necessary to ensure the safety of those on campus.
Background. In September of 2007, the CCC Chancellor's Office
(CCCCO) responded to a request from Mt. San Antonio College for
a legal opinion regarding the CCCD's interactions with students
who have criminal records, sharing student disciplinary
information, and disciplining students. The CCCCO opined, among
other findings, that current admission laws do not allow a CCCD
to deny admission based on discipline imposed by a different
CCCD. According to the sponsor, this bill was introduced to
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establish a process whereby CCCDs can deny admission to
individuals who pose a safety threat to others on campuses.
Circumstances under which a student may be expelled from a CCC.
Existing law requires CCCs to adopt rules for student conduct
standards and related penalties for violating those standards.
A student's history (prior criminal activity) or speculations
about what a student might do in the future are not a basis for
imposing discipline. Existing law authorizes a CCCD to expel a
student for good cause, which is defined to include:
1)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;
2)Assault, battery, or any threat of force or violence upon a
student or college personnel;
3)Willful misconduct that results in injury or death to a
student or college personnel or that results in cutting,
defacing, or other injury to any real or personal property
owned by the district;
4)The use, sale, or possession on campus of, or presence on
campus under the influence of, any controlled substance or
specified poisons;
5)Willful or persistent smoking in any area where smoking has
been prohibited by law or by regulation of the governing
board; and,
6)Persistent, serious misconduct where other means of correction
have failed to bring about proper conduct.
Existing law also provides that, "No student shall be removed,
suspended, or expelled unless the conduct for which the student
is disciplined is related to college activity or college
attendance." However, in a 1966 opinion, the Attorney General
determined that if a CCCD 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. However, as the CCCCO opined, if a college student
commits a crime that has nothing to do with a college activity
or with college attendance, the college will be hard-pressed to
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suspend or expel the student for that conduct, based on existing
law.
Recent expulsion data from CCCs. According to a survey of 55
CCC campuses provided by the sponsor, 29 individuals in the
2007-2008 academic year and 17 in the 2009-10 academic year were
expelled from CCCs. Reasons identified for expulsion include
harassment of students and faculty, vandalism of school
property, and falsifying college transcripts and instructor
signatures, among other activities.
Other public higher education policies regarding expulsion.
Executive Order No. 970 governs student conduct procedures at
California State University (CSU) and affords students due
process and provide guidance to campuses to address student
misconduct. According to CSU, if a student is expelled from
CSU, they are expelled from their home campus and the entire CSU
system. At University of California (UC) readmission to UC
following an expulsion requires the specific approval of the
Chancellor of the campus to which an expelled student has
applied and readmission after expulsion may be granted only
under exceptional circumstances.
Prior legislation. AB 288 (Fong, 2011) was substantially
similar to this bill. In his veto of AB 288, Governor Brown
wrote, in part, "requiring every community college to follow a
uniform process for evaluating a student expulsion taken by
another district adds unnecessary burdens and costs that the
state will have to reimburse."
AB 1400 (Fong, 2010) was substantially similar to this bill. In
his veto of AB 1400, Governor Schwarzenegger wrote, in part, "As
drafted, the bill creates an uneven standard between students
who could be denied admission because of criminal acts they may
have committed in the past. Since I am committed to having
community colleges be both safe places for quality education, as
well as open institutions of hope for all students, I am asking
the CCC Board of Governors to work in collaboration with CCC
Chancellor Scott to work on a policy that will most effectively
address this issue for the campuses." According to the CCC
Chancellors Office (CCCCO), discussions occurred in response to
the Governor's request, however it appears that a new statute
would be required in order for the CCCCO to issue regulations on
this matter.
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REGISTERED SUPPORT / OPPOSITION :
Support
Board of Governors of the California Community Colleges
Chief Executive Officers of the California Community Colleges
Kern Community College District
Rio Hondo Community College District
San Diego Community College District
San Jose-Evergreen Community College District
Peralta Community College District
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960