The following principles, derived from law and policy, are important to note in using disciplinary action with disruptive student behavior:

Persons in California, while having a fundamental right to education from elementary through secondary school, do not have a fundamental right to attend a post-secondary institution; community colleges are required to admit only those students who can benefit from instruction.

Federal and state laws prevent discrimination based on handicap, which means that students with physical or mental disabilities cannot be held to higher or different standards. The existence of a diagnosis of a disability is not sufficient grounds to exclude someone from the College - nor is the anticipation or predication of inappropriate behavior.

Behavior is the standard to be used regarding inclusion or exclusion of students.

The following laws are relevant to the issue of disruptive behavior:

Laws Protecting the Student

1. Discriminations on the basis of a mental (or physical) handicap is prohibited. The Rehabilitation Act of 1973 states that “No otherwise qualified individual with handicaps in the United States…shall, solely by reason of his handicap, be excluded from the participation, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
2. California Governmental Code, sections 11135-11139.5 states that “No person in the state of California shall, on the basis of ethnic group identification, religion, age, sex, color, or physical or mental disability, be unlawfully subjected to discrimination under any program or activity that is funded directly by the state or receives financial assistance from the state.”
3. Title 5, California Code of Regulations, section 59301 states that “All programs and activities in the California Community Colleges shall be available to all qualified persons without regard to ethnic group identification, religion, age, sex, color, or physical or mental disability.”
4. In addition to nondiscrimination, the Rehabilitation Act of 1973 requires that “reasonable accommodation” must be made to the limitations of the disability.
5. SRJC Board of Trustees Student Conduct Standards and Due Process/Discipline Procedure, details the procedure for a student to file a complaint, including a complaint about a disciplinary action.

Laws Protecting the College

1. The laws pertaining to disciplining community college students for “willfully disrupting the orderly operation of the campus” is covered in several Education Codes:
1. Section 66300 requires the Board of Trustees to adopt rules governing student behavior.
2. Educational Code 66017 gives authority to the Chief Administrative Officer to take disciplinary action against a student found guilty of willfully disrupting the campus by the college body.
1. Disciplinary action may include but need not be limited to, suspension, dismissal or expulsion.
2. Authority is also given for immediate interim suspension of the student pending a hearing which should be held within 10 days.
3. Educational Code 76031 gives an instructor the authority to suspend a student.
4. Educational Code 76033 states a student suspension cannot exceed 5 days of instruction unless otherwise provided by regulations of the district governing board.
5. Educational Code 76031 gives the governing board authority to expel a student.
6. Educational Code 76035 states a student can only be disciplined for conduct related to college activity or attendance.
7. Educational Code 76032 and 76033 states that the only reason for suspension or expulsion of a student is for “good cause”, which is to be determined by a hearing of the college body.
8. Educational Code 76034 defines good cause, which includes but is not limited to the following offenses: continued willful disobedience, persistent abuse of profanity or vulgarity, open and persistent defiance of the authority of , or any threat of force or violence upon a student or college personnel, willful misconduct which results in injury, or damage to personal property owned by the district; use, sale, possession or under the influence of narcotics, hallucinogenic drugs or substances or any poison classified as such by schedule D, section 4160 of the Business and Professions Code; willful or persistent smoking in prohibited areas; and persistent serious misconduct where other means of correction have failed to bring about proper conduct.
9. Educational Code 76036 states that whenever a minor is suspended the parents or legal guardians must be notified in writing by the chief administrative officer. When instructors suspend a student who is a minor, they must request a parent conference as soon as possible.
10. Educational Code, Section 87014 requires that an employee of the community college district report to law enforcement authorities whenever any employee is attacked, assaulted, or menaced by a student.
2. California Penal Code, sections 626.4 and 626.6, allows the chief administrative officer or designee (District Police Officer)
3. to withdraw consent for an individual to remain on District properties. The disruption must be material and substantial.
4. California Mental Health Service Act, section 5150 (Welfare and Institutions code) states that a person who is a danger to him/her self or others, or is gravely disabled may be taken against his/her will by a peace officer to a designated mental health facility for evaluation.

In summary, the sole basis for imposing disciplinary sanctions on a student is the student’s behavior, not whether the student has a mental disability. Where the disruptive behavior of the student has been properly documented, the law allows, and, in some situations, mandates that action be taken.