Thorner - BCSD Static Server - Bakersfield City School District

EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 13 of 243. Record of Hearing: A record of the hearing shall be made and maintained by any means,including electronic recording, as long as a reasonably accurate written and completetranscription of the proceedings can be made (Education Code Section 48918(g)(k)).4. Subpoenas: Before commencing a pupil administrative hearing, the Board may issue subpoenasat the request of either the pupil or the Superintendent or designee for the personal appearanceat the hearing of any person who actually witnessed the action that gave rise to therecommendation for expulsion. After the hearing has commenced, the Board or the hearingofficer or administrative hearing panel may issue such subpoenas at the request of the pupil orthe county superintendent of schools office or designee. All subpoenas shall be issued inaccordance with the Code of Civil Procedure, Sections 1985-1985.2, and enforced inaccordance with Government Code Section 11455.20 (Education Code Section 48918(i)).Any objection raised by the pupil or the Superintendent or designee to the issuance of asubpoena may be considered by the Board in closed session, or in open session if so requestedby the pupil, before the meeting. The Board’s decision in response to such an objection shall befinal and binding (Education Code Section 48918(i)).If the Board determines, or if the hearing officer or administrative hearing panel finds andsubmits to the Board, that a witness would be subject to unreasonable risk of harm by testifyingat the hearing, a subpoena shall not be issued to compel the personal attendance of that witnessat the hearing. However, that witness may be compelled to testify by means of a sworndeclaration as described below (Education Code Section 48918(i)).5. Presentation of Evidence: While technical rules of evidence do not apply to expulsion hearings,evidence may be admitted and used as proof only if it is the kind of evidence on whichreasonable persons can rely in the conduct of serious affairs. The decision of the Board to expelmust be supported by substantial evidence that the pupil committed any of the acts listed in"Grounds for Suspension and Expulsion" above (Education Code Section 48918(h)).The procedures followed in an administrative hearing will allow for opening and closingstatements, entering of exhibits, testimony, direct examination and cross examination by theschool’s and the pupil’s representative. When applicable, witnesses to the incident shallprovide testimony directly related to the charges against the pupil. Evidence may be admitted ifit is reasonable and pertinent to the disciplinary charges or supplementary finding.During an administrative hearing, the pupil and/or the pupil’s parent(s) or guardian shall begiven the opportunity to: (a) confront and ask questions of all