A Reference Guide of the Bakersfield City School District

Sequence of Actions:One referral Principal/teacher/student/parent conferenceNotice/referral to law enforcement and referral to appropriate agency when applicable or asrequired:5 day suspensionMandatory referral to Administrative Hearing PanelEducation Code 35291, 35291.5, 48900, 48980, 48915, Board Policies 300.27, 601.1, 601.3, 601.4, 601.6, 601.7,601.11, 601.12, 601.13, 603.2, 606.6Suspended/Expelled Students Excluded from School and School EventsFor the period of time a student has been suspended or expelled, the student shall not willfully or knowingly enter theschool campus without written permission of the principal. Suspended and expelled students are excluded from allschool-related extracurricular activities during the period of suspension or expulsion.Community ServiceAs part of or instead of disciplinary action, the principal or principal’s designee may, at his/her discretion, require astudent to perform community service on school grounds, or with written permission of the student’s parent/guardianoff school grounds, during non-school hours. Such service may include, but is not limited to, community or schooloutdoor beautification, campus betterment, and teacher, peer or youth-assistance programs.Education Code 48900.6Waiver of an Administrative Hearing Concerning a Recommendation for ExpulsionCertain disruptive behaviors outlined in the discipline code result in a recommendation for a student’s expulsion.Expulsion is the total removal of a student from the regular, comprehensive school program. Students have the right toan administrative “hearing” if accused of serious misconduct and recommended for expulsion. During the hearing,witnesses for both sides present facts about the alleged misconduct before an administrative hearing panel. Theadministrative hearing panel then recommends an action, which may include expulsion, to the BCSD governing board.A parent or legal guardian may request a Student Services administrator to arrange for a waiver of the right to anexpulsion hearing unless the student misconduct requires a mandatory recommendation for expulsion or the principal orSupervisor of Student Services determines for cause, a waiver of the administrative hearing is inappropriate. For awaiver request to be accepted by the district, the parent and student must admit the student’s behavior occurred, thebehavior was a clear violation of the Education Code and school regulations, and parent/student must intentionallyrelinquish the rights to an administrative hearing. Completion of a waiver also requires acceptance of the conditions tobe set forth by a district administrative hearing officer. If your student has been recommended for expulsion and youwant to determine if a waiver of the pending expulsion hearing may be possible, call the Education Center and ask tospeak with a District Administrative Hearing Officer (Telephone No. 631-4639).Sexual Harassment - Of or By A StudentConduct and DisciplineCalifornia law and Board policy prohibits sexual harassment of students by other students, employees or other persons, atschool or at school-sponsored or school-related activities. Retaliatory behavior or action against persons who complain,testify, assist or otherwise participate in the complaint process is also prohibited. Students in grades 4-8 may besuspended or expelled from school for engaging in unlawful sexual harassment. Sexual harassment includesunwelcomed sexual advances, requests for sexual favors and other verbal, visual or physical conduct of a sexual naturewhich negatively impacts a student’s academic performance or creates an intimidating, hostile or offensive environmentin the school. Sexual harassment may also involve conduct, whether blatant or subtle, that discriminates against a personsolely because of that person’s gender.A student shall promptly report to the principal of the school he/she attends incidents thought to be sexual harassment. Ifthe principal determines unlawful sexual harassment has been committed, disciplinary action will be taken. If asituation involving sexual harassment is not promptly investigated and remedied by the principal or designee, a complaintof harassment may be filed in accordance with the District’s uniform complaint procedures. A copy of the49