SB 186: Community college districts: removal, suspension, or expulsion.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-01
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 victims affiliation with the community college, even if the offense is not related to college activity or attendance.
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 victims affiliation with the community college, even if the offense is not related to college activity or attendance.
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 offenses of sexual assault or and sexual battery, exploitation, as defined, regardless of the victims 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 sexual assault or sexual battery, exploitation, regardless of the victims affiliation with the community college, even if the offense is not related to college activity or attendance.
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 victims 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 victims affiliation with the community college, even if the offense is not related to college activity or attendance.
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.
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 persons consent, regardless of the victims affiliation with the community college, including, but not limited to, any of the following:
(1)Intentional touching of another persons intimate parts without that persons consent or other intentional sexual contact with another person without that persons consent.
(2)Coercing, forcing, or attempting to coerce or force a person to touch another persons intimate parts without that persons consent.
(3)Rape, which includes penetration, no matter how slight, without the persons 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 persons consent, regardless of the victims 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 persons sexual activity, intimate body parts, or nakedness without that persons consent.
(3)Distributing images, including video or photograph, or audio of another persons 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 persons sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that persons 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.
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 persons consent, regardless of the victims affiliation with the community college, including, but not limited to, any of the following:
(1)Intentional touching of another persons intimate parts without that persons consent or other intentional sexual contact with another person without that persons consent.
(2)Coercing, forcing, or attempting to coerce or force a person to touch another persons intimate parts without that persons consent.
(3)Rape, which includes penetration, no matter how slight, without the persons 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 persons consent, regardless of the victims 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 persons sexual activity, intimate body parts, or nakedness without that persons consent.
(3)Distributing images, including video or photograph, or audio of another persons 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 persons sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that persons 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.
As used in this article, good cause includes, but is not limited to, the following offenses: 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 or sexual battery, regardless of the victims affiliation with the community college. assault, defined as actual or attempted sexual contact with another person without that persons consent, regardless of the victims affiliation with the community college, including, but not limited to, any of the following:
(1)Intentional touching of another persons intimate parts without that persons consent or other intentional sexual contact with another person without that persons consent.
(2)Coercing, forcing, or attempting to coerce or force a person to touch another persons intimate parts without that persons consent.
(3)Rape, which includes penetration, no matter how slight, without the persons 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 persons consent, regardless of the victims 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 persons sexual activity, intimate body parts, or nakedness without that persons consent.
(3)Distributing images, including video or photograph, or audio of another persons 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 persons sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that persons 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 subdivision 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.
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 victims 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.
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.
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Date
|
Status
|
|---|---|
| Apr 20, 2015 | Read second time. Ordered to third reading. |
| Sep 1, 2015 | Chaptered by Secretary of State. Chapter 232, Statutes of 2015. |
| Sep 1, 2015 | Approved by the Governor. |
| Aug 20, 2015 | Enrolled and presented to the Governor at 4:15 p.m. |
| Aug 17, 2015 | Read third time. Passed. (Ayes 66. Noes 0. Page 2467.) Ordered to the Senate. |
| Aug 17, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 17, 2015 | In Senate. Ordered to engrossing and enrolling. |
| Jun 25, 2015 | Read second time. Ordered to third reading. |
| Jun 24, 2015 | From committee: Do pass. (Ayes 11. Noes 0.) (June 23). |
| May 14, 2015 | Referred to Com. on HIGHER ED. |
| Apr 27, 2015 | Read third time. Passed. (Ayes 35. Noes 0.) Ordered to the Assembly. |
| Apr 27, 2015 | Read third time. Passed. (Ayes 35. Noes 0. Page 772.) Ordered to the Assembly. |
| Apr 27, 2015 | In Assembly. Read first time. Held at Desk. |
| Feb 9, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 16, 2015 | Read third time and amended. |
| Apr 16, 2015 | Ordered to second reading. |
| Apr 6, 2015 | Read second time. Ordered to third reading. |
| Mar 26, 2015 | Withdrawn from committee. |
| Mar 26, 2015 | Ordered to second reading. |
| Mar 25, 2015 | From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0. Page 417.) (March 25). Re-referred to Com. on RLS. |
| Mar 17, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Mar 13, 2015 | Set for hearing March 25. |
| Mar 9, 2015 | March 18 set for first hearing canceled at the request of author. |
| Mar 6, 2015 | Set for hearing March 18. |
| Feb 19, 2015 | Referred to Coms. on ED. and RLS. |
| Feb 10, 2015 | From printer. May be acted upon on or after March 12. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 17, 2015 | SB 186 Jackson Senate Third Reading By MAIENSCHEIN | Assembly Floor |
Passed |
|
| Jun 23, 2015 | Do pass. | Assembly Standing Committee on Higher Education |
Passed |
|
| Apr 27, 2015 | Senate 3rd Reading SB186 Jackson | Senate Floor |
Passed |
|
| Mar 25, 2015 | Do pass, but first be re-referred to the Committee on [Rules] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Coalition Against Sexual Assault | ** Support | Aug 17, 2015 |
| California Communities United Institute | ** Support | Apr 27, 2015 |
| California Federation Of Teachers | ** Support | Aug 17, 2015 |
| Equal Rights Advocates | * Support | Mar 25, 2015 |
| Los Angeles Community College District | ** Support | Aug 17, 2015 |
| u None received. | ** Against | Mar 25, 2015 |
SB 186
Page 2
SENATE THIRD READING
SB 186
(Jackson)
As Amended April 16, 2015
Majority vote
SENATE VOTE: 35-0
Committee |
Votes |
Ayes |
Noes |
Higher Education |
11-0 |
Medina, Baker, Bloom, Chávez, Irwin, Jones-Sawyer, Levine, Linder, Low, Santiago, Williams |
|
SUMMARY: Authorizes a California Community College District (CCD) to remove, suspend, or expel a student for sexual assault, as specified. Specifically, this bill:
Authorizes a CCD to remove, suspend or expel a student for specified sexual assault conduct that is unrelated to college activity or attendance.
Provides that the statutes prohibiting a student from being removed, suspended, or expelled unless the conduct for which the student is being disciplined is related to college activity or college attendance are not intended to limit the ability of a CCD to take appropriate action in compliance with federal law.
Expands the definition of "good cause" for which a CCD may suspend or expel a student to include both of the following:
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 CCD, as specified.
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 CCD, as specified.
EXISTING LAW:
Authorizes a California Community College (CCC), the president of a CCC, or the president's designee, or an instructor to suspend a student for good cause, as defined; authorizes the governing board 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; requires the suspension or expulsion of a student to be accompanied by a hearing as provided; and, authorizes a CCD to require a student whom the district has a protective order against to apply for reinstatement. (Education Code (EDC) Section 76030)
Prohibits the removal suspension or expulsion of a community college student unless the conduct resulting in the disciplinary action is related to college activity or college attendance. (EDC Section 76034)
Authorizes a governing board of a CCD to deny enrollment, permit enrollment, or permit conditional enrollment to a student who has been expelled or is being considered for expulsion from another CCD within the preceding five years for specified offenses, following a hearing and appeal process. (EDC Section 76038)
Requires, under federal Title IX (20 United States Code Sections 1681 to 1688), public and private postsecondary educational institutions that participate in the federal financial aid program to establish certain rights for victims of sexual assault.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: Background. On November 12, 2014, the author participated in a roundtable at UC Santa Barbara (UCSB), hosted by the Assembly Higher Education Committee, to review UCSB's handling of sexual assault complaints. Roundtable attendees included representatives of UCSB and Santa Barbara Community College (SBCC). According to testimony provided by SBCC representatives, current law (EDC Section 76034) has been interpreted to prohibit a CCD from taking action to suspend or expel a student found to have violated a campus misconduct policy, even in cases of rape, unless the misconduct occurred on the college campus.
CCC Chancellor's Office opinion. In 2007, the CCC Chancellor's Office issued Legal Opinion L 07-07 to provide guidance to CCDs regarding the authority to discipline a student. The opinion notes that EDC Section 76034 imposes a significant limitation on the ability of a CCD to impose discipline for conduct even if that conduct is criminal in nature. However, it goes on to state that in 1966 the Attorney General indicated that this language in a predecessor statute "should not be interpreted to mean that school districts could only impose discipline for conduct that actually occurred at school and during school hours. Instead, the Attorney General determined that if a district could identify a link between the conduct and school activities or attendance, then conduct that occurred away from school could be considered for disciplinary purposes." The opinion notes that if a student commits a crime that has nothing to do with a college activity or with college attendance, the college will be hard-pressed to suspend or expel for that conduct.
UC and CSU Policies. There is no similar statutory restriction on the University of California (UC) extension of its jurisdiction over issues of student conduct beyond the campus. The UC reports that its campuses have exercised this discretion in the interpretation and application of student conduct code expectations and discipline when it determines that the conduct endangers the campus community. According to the California State University (CSU), Title V regulations specifically state that conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within this jurisdiction whether it occurs on or off campus.
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0001068
SB 186
Page 3
Date of Hearing: June 23, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
SB 186
(Jackson) – As Amended April 16, 2015
SENATE VOTE: 35-0
SUBJECT: Community college districts: removal, suspension, or expulsion.
SUMMARY: Authorizes a California Community College District (CCD) to remove, suspend, or expel a student for sexual assault, as specified. Specifically, this bill:
Authorizes a CCD to remove, suspend or expel a student for specified sexual assault conduct that is unrelated to college activity or attendance.
Provides that the statutes prohibiting a student from being removed, suspended, or expelled unless the conduct for which the student is being disciplined is related to college activity or college attendance are not intended to limit the ability of a CCD to take appropriate action in compliance with federal law.
Expands the definition of "good cause" for which a CCD may suspend or expel a student to include both of the following:
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 CCD, including, but not limited to, any of the following:
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.
Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent.
Rape, which includes penetration, no matter how slight, without the person’s consent, of either of the following:
The vagina or anus of a person by any body part of another person or by an object.
The mouth of a person by a sex organ of another person.
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 CCD, including, but not limited to, any of the following:
Prostituting another person.
Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent.
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.
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.
EXISTING LAW:
Requires the public higher education segments to adopt specific rules governing student behavior with applicable penalties for violations of the rules, and procedures by which students are informed of rules. (Education Code Section 66300)
Requires public and independent postsecondary institutions, as a condition of receipt of student aid funds, to adopt a policy concerning campus sexual violence, domestic violence, dating violence, and stalking that includes specified components and standards, including an "affirmative consent" standard for determining whether consent was given by both parties to sexual activity. Establishes a preponderance of evidence as the evidentiary standard for determining if sexual violence/harassment occurred. (EDC Section 67386)
Authorizes a CCC, the president of a CCC, or the president’s designee, or an instructor to suspend a student for good cause, as defined; authorizes the governing board 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; requires the suspension or expulsion of a student to be accompanied by a hearing as provided; and, authorizes a CCD to require a student whom the district has a protective order against to apply for reinstatement. (Education Code Section 76030)
Prohibits the removal suspension or expulsion of a community college student unless the conduct resulting in the disciplinary action is related to college activity or college attendance. (Education Code Section 76034)
Authorizes a governing board of a CCD to deny enrollment, permit enrollment, or permit conditional enrollment to a student who has been expelled or is being considered for expulsion from another CCD within the preceding five years for specified offenses, following a hearing and appeal process. (Education Code Section 76038)
Requires, under federal Title IX (20 U.S.C. sections 1681-1688), public and private postsecondary educational institutions that participate in the federal financial aid program to establish certain rights for victims of sexual assault.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by Legislative Counsel.
COMMENTS: Background. On November 12, 2014, the author participated in a roundtable at UC Santa Barbara (UCSB), hosted by the Assembly Higher Education Committee, to review UCSB's handling of sexual assault complaints. Roundtable attendees included representatives of UCSB and Santa Barbara Community College (SBCC). According to testimony provided by SBCC representatives, current law (EDC Section 76034) has been interpreted to prohibit a CCD from taking action to suspend or expel a student found to have violated a campus misconduct policy, even in cases of rape, unless the misconduct occurred on the college campus.
CCC Chancellor's Office opinion. In 2007, the CCC Chancellor's Office issued Legal Opinion L 07-07 to provide guidance to CCDs regarding the authority to discipline a student. The opinion notes that EDC Section 76034 imposes a significant limitation on the ability of a CCD to impose discipline for conduct even if that conduct is criminal in nature. However, it goes on to state that in 1966 the Attorney General indicated that this language in a predecessor statute "should not be interpreted to mean that school districts could only impose discipline for conduct that actually occurred at school and during school hours. Instead, the Attorney General determined that if a district could identify a link between the conduct and school activities or attendance, then conduct that occurred away from school could be considered for disciplinary purposes." The opinion notes that if a student commits a crime that has nothing to do with a college activity or with college attendance, the college will be hard-pressed to suspend or expel for that conduct.
UC and CSU Policies. There is no similar statutory restriction on the University of California (UC) extension of its jurisdiction over issues of student conduct beyond the campus. The UC reports that its campuses have exercised this discretion in the interpretation and application of student conduct code expectations and discipline when it determines that the conduct endangers the campus community. According to the California State University (CSU), Title V regulations specifically state that conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within this jurisdiction whether it occurs on or off campus.
Purpose of this bill. According to the author, this bill would align CCC authority with that of UC and CSU by allowing CCCs to hold students accountable for sexual assaults or sexual exploitation whether on or off campus, and regardless of the victim's affiliation with the college.
Related legislation. AB 969 (Williams), pending in the Senate, would authorize a CCD to take specified action to remove, suspend, expel, or deny access to a student found responsible for specified activities. Should SB 186 and AB 969 both move forward to the Governor, conflicts between the two bills would need to be addressed. Committee staff understands conversations between the authors regarding the different approaches taken in these bills are ongoing.
REGISTERED SUPPORT / OPPOSITION:
Support
California Coalition Against Sexual Assault
California Federation of Teachers
Los Angeles Community College District
Opposition
None on File
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960
SB 186
Page 3
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 186
Amended: 4/16/15
SENATE EDUCATION COMMITTEE: 7-0, 3/25/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Pan, Vidak
NO VOTE RECORDED: Huff
SUBJECT: Community college districts: removal, suspension, or expulsion
DIGEST: This bill expands the definition of “good cause” for purposes of removal, suspension or expulsion from a community college to include sexual assault or sexual battery and, for this conduct exclusively, makes an exception to the prohibition against removal, suspension, or expulsion unless the conduct is related to college activity or attendance.
Senate Floor Amendments of 4/16/15 clarify and narrow the applicability of the bill’s provisions and specifically define the offense of “sexual assault” which may lead to disciplinary action by the college.
Existing law:
Provides for the suspension or expulsion of community college students with “good cause.” (Education Code § 76030-76038)
Defines “good cause” as including but not being limited to, the following offenses:
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.
Assault, battery, or any threat of force or violence upon a student or college personnel.
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.
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.
Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board.
Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. (EC § 76033)
Prohibits the removal suspension or expulsion of a community college student unless the conduct resulting in the disciplinary action is related to college activity or college attendance. (EC § 76034)
This bill:
Expands the definition of “good cause” for purposes of suspension or expulsion from a community college. Specifically it:
Adds the offenses of sexual assault or sexual battery.
Specifies the offense to be “good cause” regardless of the victim’s affiliation with the community college.
Makes an exception to the prohibition against removal, suspension or expulsion of a student unless the conduct resulting in the disciplinary action is related to college activity or college attendance if the conduct is sexual assault or sexual battery.
Clarifies that the offenses which may result in disciplinary action must occur while the individual is enrolled as a student.
Defines sexual assault, for purposes of the bill, consistent with guidance and definitions issued to colleges by the White House Task Force to Protect Students from Sexual Assault.
Clarifies the continuing applicability of federal law.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
None received
OPPOSITION: (Verified 4/21/16)
None received
Prepared by: Kathleen Chavira / ED. / (916) 651-4105
4/22/15 16:19:52
**** END ****
SB 186
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 186
Amended: 4/16/15
SENATE EDUCATION COMMITTEE: 7-0, 3/25/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Pan, Vidak
NO VOTE RECORDED: Huff
SUBJECT: Community college districts: removal, suspension, or expulsion
DIGEST: This bill expands the definition of “good cause” for purposes of removal, suspension or expulsion from a community college to include sexual assault or sexual battery and, for this conduct exclusively, makes an exception to the prohibition against removal, suspension, or expulsion unless the conduct is related to college activity or attendance.
Senate Floor Amendments of 4/16/15 clarify and narrow the applicability of the bill’s provisions and specifically define the offense of “sexual assault” which may lead to disciplinary action by the college.
Existing law:
Provides for the suspension or expulsion of community college students with “good cause.” (Education Code § 76030-76038)
Defines “good cause” as including but not being limited to, the following offenses:
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.
Assault, battery, or any threat of force or violence upon a student or college personnel.
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.
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.
Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board.
Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. (EC § 76033)
Prohibits the removal suspension or expulsion of a community college student unless the conduct resulting in the disciplinary action is related to college activity or college attendance. (EC § 76034)
This bill:
Expands the definition of “good cause” for purposes of suspension or expulsion from a community college. Specifically it:
Adds the offenses of sexual assault or sexual battery.
Specifies the offense to be “good cause” regardless of the victim’s affiliation with the community college.
Makes an exception to the prohibition against removal, suspension or expulsion of a student unless the conduct resulting in the disciplinary action is related to college activity or college attendance if the conduct is sexual assault or sexual battery.
Clarifies that the offenses which may result in disciplinary action must occur while the individual is enrolled as a student.
Defines sexual assault, for purposes of the bill, consistent with guidance and definitions issued to colleges by the White House Task Force to Protect Students from Sexual Assault.
Clarifies the continuing applicability of federal law.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
None received
OPPOSITION: (Verified 4/21/15)
None received
Prepared by: Kathleen Chavira / ED. / (916) 651-4105
4/22/15 17:01:30
**** END ****
SB 186
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 186
Amended: 3/17/15
SENATE EDUCATION COMMITTEE: 7-0, 3/25/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Pan, Vidak
NO VOTE RECORDED: Huff
SUBJECT: Community college districts: removal, suspension, or expulsion
DIGEST: This bill expands the definition of “good cause” for purposes of removal, suspension or expulsion from a community college to include sexual assault or sexual battery and, for this conduct exclusively, makes an exception to the prohibition against removal, suspension, or expulsion unless the conduct is related to college activity or attendance.
Existing law:
Provides for the suspension or expulsion of community college students with “good cause.” (Education Code § 76030-76038)
Defines “good cause” as including but not being limited to, the following offenses:
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.
Assault, battery, or any threat of force or violence upon a student or college personnel.
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.
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.
Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board.
Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. (EC § 76033)
Prohibits the removal suspension or expulsion of a community college student unless the conduct resulting in the disciplinary action is related to college activity or college attendance. (EC § 76034)
This bill:
Expands the definition of “good cause” for purposes of suspension or expulsion from a community college. Specifically it:
Adds the offenses of sexual assault or sexual battery.
Specifies the offense to be “good cause” regardless of the victim’s affiliation with the community college.
Makes an exception to the prohibition against removal, suspension or expulsion of a student unless the conduct resulting in the disciplinary action is related to college activity or college attendance if the conduct is sexual assault or sexual battery.
Clarifies the continuing applicability of federal law.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Communities United Institute
OPPOSITION: (Verified 3/26/15)
None received
Prepared by: Kathleen Chavira / ED. / (916) 651-4105
4/8/15 15:13:10
**** END ****
SB 186 (Jackson) Page 4 of 4
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 186
Author: |
Jackson |
||
Version: |
March 17, 2015 Hearing Date: March 25, 2015 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Kathleen Chavira |
||
Subject: Community college districts: removal, suspension, or expulsion
NOTE: This bill has been referred to the Committees on Education and Rules. A “do
pass” motion should include referral to the Committee on Rules.
SUMMARY
This bill expands the definition of “good cause” for purposes of removal, suspension or expulsion from a community college to include sexual assault or sexual battery and, for this conduct exclusively, makes an exception to the prohibition against removal, suspension, or expulsion unless the conduct is related to college activity or attendance.
BACKGROUND
Existing law provides for the suspension or expulsion of community college students with “good cause.” (Education Code § 76030-76038)
Existing law defines “good cause” as including but not being limited to, the following offenses:
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.
Assault, battery, or any threat of force or violence upon a student or college personnel.
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.
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.
Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board.
Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. (EC § 76033)
Existing law prohibits the removal suspension or expulsion of a community college student unless the conduct resulting in the disciplinary action is related to college activity or college attendance. (EC § 76034)
ANALYSIS
This bill:
Expands the definition of “good cause” for purposes of suspension or expulsion from a community college. Specifically it:
Adds the offenses of sexual assault or sexual battery.
Specifies the offense to be “good cause” regardless of the victim’s affiliation with the community college.
Makes an exception to the prohibition against removal, suspension or expulsion of a student unless the conduct resulting in the disciplinary action is related to college activity or college attendance if the conduct is sexual assault or sexual battery.
Clarifies the continuing applicability of federal law.
STAFF
COMMENTS
Need for the bill. According to the author, at a roundtable discussion at UC Santa Barbara in November 2014, local community college representatives raised concerns about their inability to discipline students for sexual assault violations occurring off campus. Current law prohibits community colleges from taking disciplinary action against a student unless the conduct occurs on campus or at campus related events. This is particularly challenging at the community colleges since, for the most part, these campuses are non-residential. The representatives expressed the need to have clear legal authority in place to ensure their students’ and communities’ safety and well-being. This bill is intended to remove the prohibition against community college districts as regards to off-campus jurisdiction for student code of conduct violations involving sexual assault or sexual battery.
Related legal opinion. Legal Opinion L 07-07, issued by the California Community Chancellor’s Office in 2007, provides guidance to districts on the “Availability and Use of Information on Students’ Past Conduct.” In response to questions regarding the actions a college can take if officials become knowledgeable about prior violent or criminal behavior enacted at another college campus that creates safety concerns, the opinion notes that colleges may establish health or safety prerequisites, seek restraining orders, share information necessary to protect health and safety of individuals, and educate the college community about risks and responses. The legal opinion further notes that “relying on vague statutory language to exclude students from publicly
funded education carries considerable risk because vague language does not provide clear guidance concerning what behavior supports exclusion.”
UC/CSU Policies? According to the author, this bill is intended to align the community college authority with that of the University of California (UC) and California State University (CSU) by allowing community colleges to hold students accountable for sexual assaults or sexual battery whether on or off campus and regardless of the victim’s affiliation with the college.
There is no statutory restriction on the UC’s extension of its jurisdiction over issues of student conduct beyond the campus. The UC reports that its campuses have exercised this discretion in the interpretation and application of student conduct code expectations and discipline when it determines that the conduct endangers the campus community.
According to the CSU, Title V regulations authorize sanctions for specified conduct to be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. The regulations specifically state that conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within this jurisdiction whether it occurs on or off campus. In addition, Executive Order 1095, adopted in June 2014 to outline implementation of Title IX, the Clery Act, and state law and regulations, specifically allows third parties (individuals other than students or employees) to make complaints which would then be investigated and acted on as appropriate.
Federal law. This bill clarifies the continuing applicability of (and the authority of community colleges to act under) federal law. These federal laws include Tile IX and the Clery Act.
Title IX applies to educational institutions receiving federal financial assistance and prohibits discrimination on the basis of sex in an educational institution's programs or activities, including employment, academic, educational, extracurricular and athletic activities (both on and off campus). It also protects all people regardless of their gender or gender identity from sex discrimination, including sexual harassment and sexual violence. Title IX requires institutions to take necessary steps to prevent sexual assault on their campuses, and to respond promptly and effectively when an assault is reported.
The Clery Act requires colleges and universities to report annual statistics on crime, including sexual assault and rape, on or near their campuses, and to develop and disseminate prevention policies. The Act requires that institutional policies address and prevent sexual violence through training, education, and certain discipline procedures.
Related and prior legislation. AB 969 (Williams) makes an exception to the prohibition against removal, suspension or expulsion of a student unless the conduct resulting in the disciplinary action is related to college activity or
attendance if the conduct threatens the safety of students or the public and includes an individual who has been suspended for a sexual assault or sexual battery offense from another community college district. The bill also authorizes a community college district to require a student seeking admission to inform the community college district if he or she has been previously suspended from a community college in the state for rape, sexual assault, or sexual battery. AB 969 is awaiting action in the Assembly Higher Education Committee.
SUPPORT
California Communities United Institute
OPPOSITION
None received.
-- END --
Discussed in Hearing
2MIN
Assembly Floor
21MIN
Senate Floor
31MIN
Senate Standing Committee on Education
Bill Author
