Thorner - BCSD Static Server - Bakersfield City School District

EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 12 of 24Legal counsel means an attorney or lawyer who is admitted to the practice of law in Californiaand is an active member of the State Bar of California.Nonattorney advisor means an individual who is not an attorney or lawyer, but who is familiarwith the facts of the case, and has been selected by the pupil or pupil's parent/guardian toprovide assistance at the hearing.6. The right to inspect and obtain copies of all documents to be used at the hearing.7. The opportunity to confront and question all witnesses who testify at the hearing.8. The opportunity to question all evidence presented and to present oral and documentaryevidence on the pupil's behalf, including witnesses.Conduct of Expulsion Hearing1. Closed Session: Notwithstanding the provisions of Government Code Section 54953 andEducation Code Section 35145, an administrative hearing shall be conducted to consider theexpulsion of a pupil.2. The hearing shall be closed to the public unless the pupil requests in writing at least five daysprior to the hearing that the hearing be a public meeting. If such request is made, the meetingshall be public unless another pupil's privacy rights would be violated (Education Code Section48918(c)).Whether the expulsion hearing is held in closed or public session, the administrative hearingpanel may meet in closed session to deliberate and determine whether or not the pupil should beexpelled. If the administrative hearing panel admits any other person to this closed session, theparent/guardian, the pupil, and the counsel of the pupil shall also be allowed to attend the closedsession (Education Code Section 48918(c)).If an administrative hearing that involves a charge of sexual assault or sexual battery is to beconducted in public, a complaining witness shall have the right to have his/her testimony heardin closed session when: (a) testifying in a public session threatens serious psychological harmto the witness, and (b) no alternative procedures are available to avoid the threatened harmincluding, but not limited to: videotaped deposition or contemporaneous examination in anotherplace communicated to the hearing room by closed-circuit television (Education Code Section48918(c)).