626.4
. (a) The chief administrative officer of a campus or other
facility of a community college, a state university, the university,
or a school, or an officer or employee designated by the chief
administrative officer to maintain order on such campus or facility,
may notify a person that consent to remain on the campus or other
facility under the control of the chief administrative officer has
been withdrawn whenever there is reasonable cause to believe that
such person has willfully disrupted the orderly operation of such
campus or facility.
(b) Whenever consent is withdrawn by any authorized officer or
employee, other than the chief administrative officer, such officer
or employee shall as soon as is reasonably possible submit a written
report to the chief administrative officer. The report shall contain
all of the following:
(1) The description of the person from whom consent was withdrawn,
including, if available, the person's name, address, and phone
number.
(2) A statement of the facts giving rise to the withdrawal of
consent.
If the chief administrative officer or, in the chief
administrative officer's absence, a person designated by him or her
for this purpose, upon reviewing the report, finds that there was
reasonable cause to believe that such person has willfully disrupted
the orderly operation of the campus or facility, he or she may enter
written confirmation upon the report of the action taken by the
officer or employee. If the chief administrative officer or, in the
chief administrative officer's absence, the person designated by him
or her, does not confirm the action of the officer or employee within
24 hours after the time that consent was withdrawn, the action of
the officer or employee shall be deemed void and of no force or
effect, except that any arrest made during such period shall not for
this reason be deemed not to have been made for probable cause.
(c) Consent shall be reinstated by the chief administrative
officer whenever he or she has reason to believe that the presence of
the person from whom consent was withdrawn will not constitute a
substantial and material threat to the orderly operation of the
campus or facility. In no case shall consent be withdrawn for longer
than 14 days from the date upon which consent was initially
withdrawn. The person from whom consent has been withdrawn may submit
a written request for a hearing on the withdrawal within the
two-week period. The written request shall state the address to which
notice of hearing is to be sent. The chief administrative officer
shall grant such a hearing not later than seven days from the date of
receipt of the request and shall immediately mail a written notice
of the time, place, and date of such hearing to such person.
(d) Any person who has been notified by the chief administrative
officer of a campus or other facility of a community college, a state
university, the university, or a school, or by an officer or
employee designated by the chief administrative officer to maintain
order on such campus or facility, that consent to remain on the
campus or facility has been withdrawn pursuant to subdivision (a);
who has not had such consent reinstated; and who willfully and
knowingly enters or remains upon such campus or facility during the
period for which consent has been withdrawn is guilty of a
misdemeanor. This subdivision does not apply to any person who enters
or remains on such campus or facility for the sole purpose of
applying to the chief administrative officer for the reinstatement of
consent or for the sole purpose of attending a hearing on the
withdrawal.
(e) This section shall not affect the power of the duly
constituted authorities of a community college, a state university,
the university, or a school, to suspend, dismiss, or expel any
student or employee at the college, state university, university, or
school.
(f) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by a fine of not exceeding five
hundred dollars ($500), by imprisonment in the county jail for a
period of not more than six months, or by both such fine and
imprisonment.
(2) If the defendant has been previously convicted once of a
violation of any offense defined in this chapter or Section 415.5, by
imprisonment in the county jail for a period of not less than 10
days or more than six months, or by both such imprisonment and a fine
of not exceeding five hundred dollars ($500), and shall not be
released on probation, parole, or any other basis until he or she has
served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of any offense defined in this chapter or
Section 415.5, by imprisonment in the county jail for a period of not
less than 90 days or more than six months, or by both such
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 90 days.
(g) This section shall not affect the rights of representatives of
employee organizations to enter, or remain upon, school grounds
while actually engaged in activities related to representation, as
provided for in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code.