BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 1400
AUTHOR: Hancock
AMENDED: April 28, 2014
FISCAL COMM: No HEARING DATE: April 30, 2014
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Community College protection orders.
SUMMARY
This bill authorizes a student to apply for reinstatement
from any related expulsion after the expiration of a
protective order protecting a campus of a community college
district, or any person regularly present on the campus of
the district is issued by a court against a student, if the
order prevented that student from attending classes and
maintaining his or her academic standing.
BACKGROUND
The Regents of the University of California, the Trustees
of the California State University, and the governing board
of every community college district, are required to adopt
or provide for the adoption of specific rules and
regulations governing student behavior along with
applicable penalties for violation of the rules and
regulations. The institutions are also required to adopt
procedures by which all students are informed of such rules
and regulations, with applicable penalties, and any
revisions thereof. (Education Code � 66300)
Current law requires the respective governing boards of the
California Community Colleges, the California State
University, or the University of California to adopt
appropriate procedures and designate appropriate persons to
take disciplinary action against any student, member of the
faculty, member of the support staff, or member of the
administration of the community college, state college, or
state university who, after a prompt hearing by a campus
body, has been found to have willfully disrupted the
orderly operation of the campus. Current law provides that
SB 1400
Page 2
this requirement should not be construed to prohibit
immediate suspension in order to protect lives or property
and to ensure the maintenance of order, provided that a
reasonable opportunity be afforded the suspended person for
a hearing within 10 days. Current law authorizes the
disciplinary action to include, but not be limited to,
suspension, dismissal, or expulsion. (EC � 66017)
Current law authorizes the governing board of a community
college district 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. The expulsion of a student is required to be
accompanied by a hearing conducted pursuant to the
requirements of Section 66017. (EC � 76030)
Current law provides that nothing in the provisions
authorizing the suspension or expulsion of a community
college student shall be construed to limit the authority
of a governing board to adopt additional rules and
regulations which are not inconsistent with these
provisions. These rules may, among other things, prescribe
specific rules and regulations governing student behavior,
along with applicable penalties for violation of adopted
rules and regulations, and may prescribe appropriate due
process procedures, including procedures by which students
are to be informed of these rules and regulations. (EC �
76037)
ANALYSIS
This bill :
1) Authorizes a student to apply for reinstatement from
any related expulsion after the expiration of a
protective order protecting a campus of a community
college district, or any person regularly present on
the campus of the district is issued by a court
against a student, if the order prevents that student
from attending classes and maintaining his or her
academic standing.
2) Requires, upon request for reinstatement by a person:
a) A review be conducted.
SB 1400
Page 3
b) The review consider:
i) The gravity of the offense.
ii) Evidence of subsequent offenses.
iii) Rehabilitation efforts since the
offense.
iv) The student's ability to not cause
substantial disruption.
3) Authorizes the local board to:
a) Deny enrollment.
b) Permit enrollment.
c) Permit conditional enrollment.
STAFF COMMENTS
1) Intent of the bill . According to the author, if a
district is successful in obtaining a protective order
against a student who is considered an imminent threat
of bodily harm to a district or persons that regularly
are present on a district or campus of the district,
that student is barred from the campuses of the
district for the period of time of the protective
order. At the conclusion of the protective order, the
individual is free to re-register for courses
regardless of whether or not the circumstances
surrounding the restraining order have changed.
Allowing a person to re-register at the expiration of
the protective order without some review to determine
whether the individual continues to pose a danger can
place the campus community at great risk.
This bill is intended to provide an individual who has
had a protective order issued against them by a
district with the right to apply for reinstatement
after the expiration of the order, thereby balancing
the need to ensure the safety of the campus community
while maintaining student access.
SB 1400
Page 4
2) Quasi-expulsion . Although a community college has the
authority to expel a student after a hearing by a
campus body, if a district feels that it must take
greater precautions to protect and ensure the safety
of a campus, the district may seek the more difficult
task of securing a protective order. As the result of
a protective order being issued against a student,
that student would essentially be expelled from the
district for the length of the order. This bill seeks
to ensure that, upon expiration of the order, the
district has the opportunity to consider the current
circumstances surrounding the original reason for the
protective order, while retaining due process for the
individual.
Current law provides that, once a student is expelled,
any other community college district, under specified
conditions, is authorized to deny or permit
enrollment, or permit conditional enrollment. (EC
76038) The provisions of this bill establish these
same authorities for the district that secured the
protective order.
3) Clarifying the bill's intent ? This bill authorizes a
student to apply for reinstatement after the
expiration of a protective order. To the extent that
the statute is interpreted to require an application
for reinstatement after the expiration of a court
order, rather than during the time that the
restraining order is in place, would this be a
violation of due process?
It is also the intent of the author to ensure that the
district has the opportunity to conduct the required
review without initiating an expulsion hearing, in
order to ensure that the issues that exist at the
particular district do not preclude the student from
enrolling at another community college district.
Staff recommends the bill be amended to delete the
language authorizing the student to request
reinstatement and to instead, notwithstanding any
other law, authorize a community college district to
require a student to apply for reinstatement upon the
expiration of a protective order issued by a court
SB 1400
Page 5
against the student, and to clarify that a district
must initiate this process prior to the expiration of
the restraining order. Staff further recommends that
the bill maintain the review process requirements and
the authorized list of potential actions by the
governing board.
4) Broad language . As currently drafted, the bill may be
interpreted to authorize a reinstatement process in
any instance in which a protective order has been
issued against a student, whether by the district, an
individual student, or an employee. According to the
sponsor, the intent is to apply its provisions only to
a situation where the district has pursued and
successfully obtained issuance of an order protecting
a campus or person of the district. Staff recommends
the bill be amended to make this clarification.
SUPPORT
None received on this version.
OPPOSITION
None received.