§ 76033
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/ca/education-code/76033A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.