Article 3. Removal, Suspension, or Expulsion - California Education Code Section 76030
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California Laws > Education Code > Article 3. Removal, Suspension, or Expulsion - California Education Code Section 76030
76030. (a) Consistent with requirements of due process of law, with
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.
(b) (1) Notwithstanding any other law, if good cause for the
issuance of an order, requested by a community college district, to
protect a campus of a community college district, or any person
regularly present on a campus of that district, is issued by a court
against a student of that community college district, and prevents
that student from attending classes and maintaining his or her
academic standing, the community college district may require the
student to apply for reinstatement after the expiration of that
order. If the district requires the student to apply for
reinstatement, it shall do so before the expiration of the protective
order. If a student applies for reinstatement under this paragraph,
a review with respect to the application shall be conducted. This
review, at a minimum, shall include consideration of all of the
(A) The gravity of the offense.
(B) Evidence of subsequent offenses, if any.
(C) The likelihood that the student would cause substantial
disruption if he or she is reinstated.
(2) The governing board of the community college district, or the
person to whom authority is delegated pursuant to subdivision (f) of
Section 76038, shall take one of the following actions after
conducting a review under paragraph (1):
(A) Deny reinstatement.
(B) Permit reinstatement.
(C) Permit conditional reinstatement, and specify the conditions
under which reinstatement will be permitted.
Last modified: February 16, 2015