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EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 14 of 24witnesses who testify at the hearing, (b) question all other evidence presented, and (c) presentoral and documentary evidence on the pupil’s behalf including witnesses, excepting thoseexcluded pursuant to law and policy. During the administrative hearing, the school principal oradministrative designee presents facts permitting a finding to be reached whether the pupilcommitted a suspendable and expellable act. Facts to support a supplementary finding, asdescribed above, will also be provided by the school principal/designee. In gathering andpresenting evidence, the principal or administrative designee should include eyewitnessaccounts of the incident(s) leading to the hearing.Findings of fact shall be based solely on the evidence introduced at the hearing and sworndeclaration. While no finding shall be based solely on hearsay, sworn declarations may beadmitted as testimony from witnesses whose disclosure of their identity or testimony at thehearing may subject them to an unreasonable risk of physical or psychological harm (EducationCode Section 48918(f)). When the principal or designee believes the identification or presenceof that witness at the hearing, or both, may subject this witness to an unreasonable risk ofpsychological or physical harm, the administrative hearing officer shall be consulted. If theadministrative hearing officer determines that there are facts verifying an unreasonable risk ofharm exists, the testimony of the witness may be brought as a sworn declaration. To insureanonymity, the original sworn declaration may be examined only by the panel members. Thepupil’s copy of the declaration will be edited to delete the name and identity of the witness(Education Code Section 48918(f)(h)).In cases where a search of a pupil's person or property has occurred, evidence describing thereasonableness of the search shall be included in the hearing record, the reasons for, and theoutcomes of, each pupil’s hearing will be recorded in the pupil’s mandatory interim record(Education Code Section 48918 (k)).6. Testimony by Complaining Witnesses. The following procedures shall be observed whenhearings involve allegations of sexual assault or sexual battery by a pupil (Education CodeSection 48918):a. Any complaining witness shall be given five days' notice before being called to testify.b. Any complaining witness shall be entitled to have up to two adult support persons presentduring his/her testimony including, but not necessarily limited to a parent/guardian or legalcounsel.c. A support person(s) may also be a complaining witness in the hearing. Unless the supportperson chosen is a parent, guardian, or sibling of the