SECTIONS 69810-69813 - California Statutes

EDUCATION CODE

SECTION 69810-69813

69810. In accepting a scholarship, loan, fellowship, grant-in-aid,
or any other financial aid given or guaranteed by the state for
assistance, every recipient thereof who is a student at a public or
private university, college, or other institution of higher
education, shall be deemed to have agreed to observe the rules and
regulations promulgated by the governing authority of the university,
college, or other institution of higher education, for the
government thereof.
Any recipient of this state financial aid who, on the campus of
the university, college, or other institution of higher education,
willfully and knowingly commits any act likely to disrupt the
peaceful conduct of the activities of the campus, and is arrested and
convicted of a public offense arising from the act, may be
determined to be ineligible for any state financial aid for a period
not to exceed the ensuing two academic years.
Any recipient of this state financial aid who, after a hearing, is
found to have willfully and knowingly disrupted the orderly
operation of the campus, but has not been arrested and convicted, may
be determined to be ineligible for any state financial aid for the
period as the hearing board may determine, not to exceed the ensuing
two academic years.
Any recipient who is suspended from an institution of higher
education for these acts shall be ineligible for state financial aid
for a period not less than the time of the suspension.
The governing authority of the university, college, or other
institution of higher education shall, for purposes of this section,
cause to be reviewed the record of each recipient and shall, as soon
as practicable, notify a hearing board established by it of the name
of any recipient who committed any act likely to disrupt the peaceful
conduct of the activities of the campus and was arrested and
convicted of any public offense arising from that act, or is found to
have willfully and knowingly disrupted the orderly operation of the
campus, or has been suspended from an institution of higher education
for these acts.

69811. Upon receipt of notice, as provided in Section 69810 that
any recipient has committed any act likely to disrupt the peaceful
conduct of the activities of the campus and was convicted of a public
offense in connection therewith, or is found to have willfully and
knowingly disrupted the orderly operation of the campus, or has been
suspended from an institution of higher education for these acts, the
hearing board shall immediately give the recipient written notice of
the report. The notice shall inform the recipient of the pendency of
the proceedings for the suspension of assistance. It shall inform
the recipient that he may present evidence of mitigating
circumstances to the hearing board within 14 calendar days of the
date of the mailing of the notice, and shall specify the procedures
and means by which such evidence is to be presented, including the
date at which any hearing to be afforded him is to be held. The
hearing board may prescribe any procedures and means for these
purposes which it may deem appropriate, provided that any hearing
which may be afforded the recipient shall not be held sooner than
seven days after the date of the mailing of the notice.
If no response to the hearing board's notice is made within the
period specified in this section, the hearing board may suspend
further assistance to the recipient and the suspension shall remain
in effect not to exceed the ensuing two academic years.
After the conclusion of proceedings provided for in this section,
the hearing board shall, by majority vote, determine whether further
assistance to the recipient shall be suspended. If the recipient was
arrested and convicted of a public offense arising from campus
disruption, the suspension may remain in effect for a period not to
exceed the ensuing two academic years. If the recipient is found by
the hearing board to have willfully and knowingly disrupted the
orderly operation of the campus, but has not been arrested and
convicted, the hearing board may suspend further assistance to the
recipient for the period as the hearing board may determine not to
exceed the ensuing two academic years. If the recipient was suspended
from an institution of higher education for these acts, the hearing
board shall suspend further assistance to the recipient for a period
not less than the time of the suspension. The findings of the hearing
board shall be in writing.
The hearing board shall notify the appropriate state agencies of
any suspension of state financial aid pursuant to this section, and
no state financial aid shall be extended to the recipient during this
period.
Any notice required to be made by this section shall be sufficient
when it is deposited in the United States registered or certified
mail, postage paid, addressed to the last known address of the
addressee.

69812. Nothing in this article shall be construed to prohibit any
public or private university, college, or other institution of higher
education from suspending or refusing to grant scholarships, loans,
fellowships, grants-in-aid, or any other financial aid given or
guaranteed by the state for academic assistance to any individual
because of any other misconduct that in its judgment bears adversely
on his or her fitness for the assistance.

69813. For the purposes of this article, "state financial aid"
means any assistance given or guaranteed by the state that is
predicated on attendance at an institution of higher education.