BILL NUMBER: SB 186	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 17, 2015

INTRODUCED BY   Senator Jackson

                        FEBRUARY 9, 2015

   An act to amend  Section   Sections 76033 and
 76034 of the Education Code, relating to community college
districts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 186, as amended, 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  provides for the removal, suspension, and
expulsion of a community college student, as specified, for good
cause, as defined. 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 add to the definition of good cause, for the
purpose of removal, suspension, and expulsion of a community college
student, the offense of sexual assault or sexual battery, regardless
of the victim's affiliation with the community college. The 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.   sexual assault or sexual battery,
regardless of the victim's affiliation with the community college,
even if the offense is not related to college activity or attendance.

   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 76033 of the  
Education Code   is amended to read: 
   76033.  As used in this article, "good cause" includes, but is not
limited to, the following offenses:
   (a) 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.
   (b) Assault, battery, or any threat of force or violence upon a
student or college personnel.
   (c) Willful misconduct which results in injury or death to a
student or college personnel or which results in cutting, defacing,
or other injury to any real or personal property owned by the
district.
   (d) The use, sale, or possession on campus of, or presence on
campus under the influence of, any controlled substance, or any
poison classified as such by Schedule D in Section 4160 of the
Business and Professions Code.
   (e) Willful or persistent smoking in any area where smoking has
been prohibited by law or by regulation of the governing board.
   (f) Persistent, serious misconduct where other means of correction
have failed to bring about proper conduct. 
   (g) Sexual assault or sexual battery, regardless of the victim's
affiliation with the community college. 
   SECTION 1.   SEC. 2.   Section 76034 of
the Education Code is amended to read:
   76034.  (a) Except  as provided in this section, 
 in response to conduct specified in subdivision (g) of Section
76033,  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.  
   (b) This section is not intended to limit provisions of federal
law, or limit the ability of community college districts to take
appropriate action under federal law.