BILL ANALYSIS �
SB 1400
Page 1
Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
SB 1400 (Hancock) - As Amended: May 15, 2014
SENATE VOTE : 34-0
SUBJECT : Community colleges: protective orders.
SUMMARY : Authorizes a California Community College (CCC)
district to require a student whom the district has a protective
order against to apply for reinstatement. Specifically, this
bill :
1)Provides that if good cause for the issuance of a protective
order, requested by a CCC district to protect a campus or any
person on a campus, is issued by a court against a student of
the CCC district, the CCC district may require the student to
apply for reinstatement after the expiration of that order.
2)Provides that if the CCC district requires a student to apply
for reinstatement, it must do so before the expiration of the
protective order.
3)Provides that if a student applies for reinstatement, a review
of the reinstatement application shall be conducted and, at a
minimum, include consideration of all of the following:
a) The gravity of the offense;
b) Evidence of subsequent offenses, if any; and,
c) The likelihood that the student would cause substantial
disruption if he or she is reinstated;
4)Requires the CCC governing board or designee to take one of
the following actions after conducting a reinstatement review:
a) Deny reinstatement;
b) Permit reinstatement;
c) Permit conditional reinstatement, and specify the
conditions under which reinstatement will be permitted.
SB 1400
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EXISTING LAW :
1)Provides that a CCC district 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)Authorizes the governing board of a CCC district to require a
student seeking admission to disclose his or her prior
expulsion from another CCC and authorizes the governing board
to deny enrollment, permit enrollment, or permit conditional
enrollment to a student who has been expelled, or is being
considered for expulsion, from another CCC for specified
offenses within the preceding five years.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by
Legislative Counsel.
COMMENTS : Purpose of this bill . According to the author,
under existing law, 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 student is free to reregister for courses
regardless of whether or not the circumstances surrounding the
restraining order have changed. The author believes that
allowing a student to re-enroll at the expiration of the
protective order without any sort of review of the student's
violation, rehabilitative efforts since the offense and the
student's ability to no longer cause a continuing danger to the
physical safety of the campus is problematic and can place the
safety of the campus community at great risk.
This bill would permit a CCC district to require a student to
apply for reinstatement prior to the expiration of a protective
order, and allow the CCC district to conduct a review in order
to evaluate the severity of the offense for which the order was
issued, evidence of any later offenses, rehabilitative efforts
since the offense, and indication that the student would no
longer pose a serious threat to the college campus.
SB 1400
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Arguments in support . A number of CCC districts are in support
of this bill, arguing that current law authorizes a district to
expel a student for good cause. That expulsion must be done
consistent with the requirements of due process which includes a
hearing by a campus body. The standard of proof in a student
expulsion hearing is preponderance of the evidence, while the
standard of proof to obtain a restraining order is clear and
convincing evidence. Currently, if a CCC district is successful
in obtaining a protective order against a student, that student
is generally barred from the district property for the duration
of the protective order. At the conclusion of the order, the
student is free to reenroll. Allowing a student to reenroll
without any sort of review of continued threat to the campus
community is problematic. Proponents believe that this bill
appropriately balances the due process rights of the individual
students and the safety of the campus community.
REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Teachers
California School Employees Association
Los Angeles Community College District
Los Rios Community College District
Peralta Community College District
Rio Hondo Community College District
San Diego Community College District
South Orange County Community College District
West Kern Community College District
Yosemite Community College District
Opposition
None on file.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960