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EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 5 of 2429. Only pupils in grades 4 through 8 may be suspended and recommended for expulsion forany of the acts listed below:30. Committed sexual harassment as defined in Education Code Section 212.5 (Education CodeSection 48900.2).31. Sexual harassment means that conduct, when considered from the perspective of areasonable person of the same gender as the victim, is sufficiently severe or pervasive as tohave a negative impact upon the victim's academic performance or to create an intimidating,hostile, or offensive educational environment (Education Code Sections 212.5 and 48900.2).(cf. BP 601.6 – Sexual Harassment of or by Students)32. Caused, attempted to cause, threatened to cause, or participated in an act of hate violence asdefined in Education Code Section 33032.5 and Penal Code Section 422.6 (Education CodeSection 48900.3).33. Hate violence means any act punishable under Penal Code Sections 422.6, 422.7, or 422.75.Such acts include injuring or intimidating another person, interfering with the exercise of aperson's civil rights, or damaging a person's property because of the person's race, color,religion, ancestry, national origin, disability, gender, or sexual orientation (Education CodeSection 233; Penal Code Section 422.55).(cf. BP 601.12 – Hate-Motivated Behavior)34. Intentionally engaged in harassment, threats, or intimidation directed against school districtpersonnel or pupils that is sufficiently severe or pervasive to have the actual and reasonablyexpected effect of materially disrupting class-work, creating substantial disorder, andinvading the rights of school personnel or pupils by creating an intimidating or hostileeducational environment (Education Code Section 48900.4).(cf. BP 300.27 – Nondiscrimination/Harassment)(cf. BP 601.13 – Nondiscrimination, Harassment, Bullying, and Threats)Expulsion is an action taken by the Board for severe or prolonged breaches of discipline by a pupil.Except for single acts of a grave nature, expulsion is used only when there is a history ofmisconduct; when other forms of discipline, including suspension, have failed to bring about properconduct; or when the pupil's presence causes a continuing danger to pupils or others (EducationCode Section 48915(e)).Pupils facing suspension and expulsion shall be treated fairly to include affording these pupils dueprocess rights under the law. The Superintendent