2009 California Education Code - Section 76030-76037 :: Article 3. Removal, Suspension, Or Expulsion

EDUCATION CODE
SECTION 76030-76037

76030.  Consistent with requirements of due process of law, with the
provisions of this article, and with the rules of student conduct
adopted by the governing board under Section 66300, the governing
board, the president of a community college or the president's
designee, or an instructor shall suspend a student for good cause. In
addition, the 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. The
suspension or expulsion of a student shall be accompanied by a
hearing conducted pursuant to the requirements of Section 66017.

76031.  The adopted rules of student conduct may authorize the
president of a community college or the president's designee to
suspend a student for good cause as follows:
   (a) From one or more classes for a period of up to 10 days of
instruction.
   (b) From one or more classes for the remainder of the school term.
   (c) From all classes and activities of the community college for
one or more terms.
   The adopted rules of student conduct shall prohibit a student from
being enrolled in any community college in the district for the
period of suspension.
   The president of the community college shall report all suspension
of students to the governing board or to the district
superintendent.
   Whenever a minor is suspended from a community college, the parent
or guardian shall be notified in writing by the president or the
president's designee.
   Nothing in this section shall be construed to prohibit the
president of a community college or the president's designee from
imposing a lesser disciplinary sanction than suspension. A lesser
sanction may include, but need not be limited to, verbal or written
reprimand, probation, or ineligibility to participate in
extracurricular activities.

76032.  The adopted rules of student conduct may authorize an
instructor to remove a student from his or her class for the day of
the removal and the next class meeting. The instructor shall
immediately report the removal to the chief administrative officer
for appropriate action.
   If the student removed by an instructor is a minor, the college
president or the president's designee shall ask the parent or
guardian of the student to attend a parent conference regarding the
removal as soon as possible. If the instructor or the parent or
guardian so requests, a college administrator shall attend the
conference. During the period of removal, a student shall not be
returned to the class from which he or she was removed without the
concurrence of the instructor of the class.

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.

76034.  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.

76035.  The president or the president's designee at a community
college shall, upon the suspension or expulsion of any student,
notify the appropriate law enforcement authorities of the county or
city in which the school is situated of any acts of the student which
may be in violation of Section 245 of the Penal Code.

76036.  Any violation or violations of law, ordinance, regulation,
or rule regulating, or pertaining to, the parking of vehicles, shall
not be cause for the removal, suspension, or expulsion of a student
from a community college.

76037.  Nothing in this article shall be construed to limit the
authority of a governing board to adopt additional rules and
regulations which are not inconsistent with the requirements of this
article. These additional rules may, among other things, prescribe
specific rules and regulations governing student behavior, along with
applicable penalties for violations of the adopted rules and
regulations, and may prescribe appropriate due process procedures,
including procedure by which students shall be informed of these
rules and regulations.


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