BILL NUMBER: SB 186	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 27, 2015
	PASSED THE ASSEMBLY  AUGUST 17, 2015
	AMENDED IN SENATE  APRIL 16, 2015
	AMENDED IN SENATE  MARCH 17, 2015

INTRODUCED BY   Senator Jackson
   (Coauthor: Senator Block)
   (Coauthor: Assembly Member Maienschein)

                        FEBRUARY 9, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 186, 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.
   The bill would authorize the governing board of a community
college district to remove, suspend, or expel a student for sexual
assault or sexual exploitation, as defined, regardless of the victim'
s affiliation with the community college, even if the offense is not
related to college activity or attendance.



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, occurring while enrolled as a
student:
   (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, defined as actual or attempted sexual contact
with another person without that person's consent, regardless of the
victim's affiliation with the community college, including, but not
limited to, any of the following:
   (1) Intentional touching of another person's intimate parts
without that person's consent or other intentional sexual contact
with another person without that person's consent.
   (2) Coercing, forcing, or attempting to coerce or force a person
to touch another person's intimate parts without that person's
consent.
   (3) Rape, which includes penetration, no matter how slight,
without the person's consent, of either of the following:
   (A) The vagina or anus of a person by any body part of another
person or by an object.
   (B) The mouth of a person by a sex organ of another person.
   (h) Sexual exploitation, defined as a person taking sexual
advantage of another person for the benefit of anyone other than that
person without that person's consent, regardless of the victim's
affiliation with the community college, including, but not limited
to, any of the following:
   (1) Prostituting another person.
   (2) Recording images, including video or photograph, or audio of
another person's sexual activity, intimate body parts, or nakedness
without that person's consent.
   (3) Distributing images, including video or photograph, or audio
of another person's sexual activity, intimate body parts, or
nakedness, if the individual distributing the images or audio knows
or should have known that the person depicted in the images or audio
did not consent to the disclosure and objected to the disclosure.
   (4) Viewing another person's sexual activity, intimate body parts,
or nakedness in a place where that person would have a reasonable
expectation of privacy, without that person's consent, and for the
purpose of arousing or gratifying sexual desire.
  SEC. 2.  Section 76034 of the Education Code is amended to read:
   76034.  (a) Except in response to conduct specified in
subdivisions (g) and (h) 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) 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.