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SB-677 California Community Colleges: prohibited acts: electronic listening or recording devices.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
SB677:v98#DOCUMENT

Amended  IN  Senate  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 677


Introduced by Senator Moorlach

February 17, 2017


An act to amend Section 70900 of 78907 of, and to add Section 66027.2 to, the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


SB 677, as amended, Moorlach. California Community Colleges: board of governors. prohibited acts: electronic listening or recording devices.
(1) 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 prohibits the use by any person, including a student, of any electronic listening or recording device in any classroom without the prior consent of the instructor, except as specified. Existing law provides that any person, other than a student, who willfully violates this provision is guilty of a misdemeanor, and requires that any student violating this provision be subject to appropriate disciplinary action.
This bill would provide that it is not a violation of that provision if the person, including a student, reasonably believed that he or she was recording activities in the classroom that violate state or federal law or regulation, or applicable local agency policy. The bill would prohibit a community college district or campus from prohibiting or limiting the use of a recording that is subject to specified exceptions in a disciplinary action against an instructor.
(2) Under existing law, the segments of postsecondary education in this state are the University of California, the California State University, the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions.
This bill would prohibit an administrator, professor, teacher or other faculty member, or any other person acting on behalf of a higher education institution, from, among other things, preventing a student from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the student has reasonable cause to believe that the information discloses a violation of a law.

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.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66027.2 is added to the Education Code, to read:

66027.2.
 (a) An administrator, professor, teacher or other faculty member, or any other person acting on behalf of a higher education institution shall not do any of the following:
(1) Prevent a student from disclosing information to a government or law enforcement agency, to a person with authority over the student or another employee who has authority to investigate, discover, or correct the violation or noncompliance, or to the media or social media, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the student has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, or applicable local agency policy.
(2) Retaliate against a student for disclosing information, or because he or she believes that the student disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the student or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or to the media or social media, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the student has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, or applicable local agency policy.
(3) Retaliate against a student for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation or applicable local agency policy.
(4) Retaliate against a student for having exercised his or her rights under this section at any other higher education institution.
(5) Retaliate against a student because the student is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.
(b) A report made by a student of a higher education institution to an administrator, professor, teacher or other faculty member, or any other person acting on behalf of the institution is a disclosure of information to a government or law enforcement agency pursuant to subdivision (a).
(c) In addition to other penalties, an administrator, professor, teacher or other faculty member, or any other person acting on behalf of a higher education institution is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section.
(d) This section does not apply to actions by an administrator, professor, teacher or other faculty member, or any other person acting on behalf of a higher education institution against a student who violates the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or who discloses trade secret information.

SEC. 2.

 Section 78907 of the Education Code is amended to read:

78907.
 (a) (1) (A) The use by any person, including a student, of any electronic listening or recording device in any classroom without the prior consent of the instructor is prohibited, except as necessary to provide reasonable auxiliary aids and academic adjustments to disabled students. Any students or if the person, including a student, reasonably believed that he or she was recording activities in the classroom that violate state or federal law or regulation, or applicable local agency policy.
(B) A community college district or campus shall not prohibit nor limit the use of a recording that is subject to an exception in subparagraph (A) in a disciplinary action against an instructor.
(2) Any person, other than a student, who willfully violates this section shall be guilty of a misdemeanor.

Any

(3) Any student violating this section shall be subject to appropriate disciplinary action.

This

(b) This section shall not be construed as affecting the powers, rights, and liabilities arising from the use of electronic listening or recording devices as provided for by any other provision of law.

SECTION 1.Section 70900 of the Education Code is amended to read:
70900.

There is hereby established the California Community Colleges, a postsecondary education system consisting of community college districts established pursuant to law and the Board of Governors of the California Community Colleges. The board of governors shall carry out the functions specified in Section 70901, and local districts shall carry out the functions specified in Section 70902.