BILL NUMBER: SB 186	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        FEBRUARY 9, 2015

   An act to amend Section 76034 of the Education Code, relating to
community college districts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 186, as introduced, Jackson. Community college districts:
removal, suspension, or expulsion.
   Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts, each administered by a governing board, throughout the
state, and authorizes these districts to provide instruction to
students at community college campuses maintained by the districts.
   Existing law prohibits a community college student from being
removed, suspended, or expelled unless the conduct for which the
student is disciplined is related to college activity or attendance.
   This bill would authorize the governing board of a community
college district to remove, suspend, or expel a student for conduct
occurring off of the community college district property, as
specified. The bill would require the governing board of a community
college district, in determining whether to exercise jurisdiction
over an instance of student conduct occurring off campus, to consider
specified factors.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 76034 of the Education Code is amended to read:

   76034.   No   (a)    
Except as provided in this section, 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. 
   (b) The governing board of a community college district may
remove, suspend, or expel a student for conduct that occurs off of
the community college district property, subject to subdivision (c).
In determining whether to exercise jurisdiction over student conduct
occurring off campus, the governing board of the community college
district shall consider all of the following as it applies to the
individual case:  
   (1) Whether the alleged victim is a member of the campus
community.  
   (2) The seriousness of the alleged misconduct.  
   (3) Whether a crime has been reported to the criminal authorities.
 
   (4) The risk of future harm involved.  
   (5) Whether the off-campus conduct is part of a series of actions
that occurred both on and off campus. 
   (6) The ability of the governing board of the community college
district to gather evidence, including, but not limited to, the
testimony of witnesses.  
   (c) The governing board of a community college district shall not
exercise jurisdiction over student conduct that occurs off campus
unless the conduct involves sexual assault, physical abuse, threats
of violence, arson-related offenses, sexual harassment, stalking, or
hazing.