Thorner - BCSD Static Server - Bakersfield City School District

AR 601.4Page 15 of 24EXPULSION/DUE PROCESSAdministrative Regulationcomplaining witness, the support person shall not: (a) be an employee of, or associated withthe media as defined in Evidence Code Section 1070, or (b) previously adjudged incontempt of court. A support person will not make notes during the hearing (Penal CodeSection 868.5 and Evidence Code Section 1070).d. Before a complaining witness testifies, support persons shall be admonished that the hearing isconfidential.e. The Administrative Hearing officer may remove a support person whom he/she finds isdisrupting the hearing.f. If one or both support persons are also witnesses, the hearing shall be conducted according toPenal Code Section 868.5. If a support person is also a complaining witness, then the Districtrepresentative shall present evidence that the attendance of this support person/complainingwitness at theAdministrative hearing is desired by and will help another complaining witness who hasrequested support. Once this is determined, the request for the support person/complainingwitness to accompany the other complaining witness will be granted, unless the presence ofthe support person/complaining witness presents a substantial risk of influencing the contentof the testimony. Testimony of a support person/complaining witness will precede thetestimony of a complaining witness who is not a support person. A complaining witness shallbe excluded from the hearing during the support person/complaining witness’s testimony(Penal Code Section 868.5).Evidence of specific instances of prior sexual conduct of a complaining witness shall be presumedinadmissible and shall not be heard unless the person conducting the hearing determines thatextraordinary circumstances require the evidence to be heard.a. Before such a determination is made, the complaining witness shall be given notice and anopportunity to oppose the introduction of this evidence. In the hearing on the admissibilityof this evidence, the complaining witness shall be entitled to be represented by aparent/guardian, legal counsel or other support person. Reputation or opinion evidenceregarding the sexual behavior of a complaining witness shall not be admissible for anypurpose.b. In order to facilitate a free and accurate statement of the experiences of the complainingwitness and to prevent discouragement of complaints, the district shall strive to provide anonthreatening environment.(1) The District shall provide a room separate from the hearing room for the use of the complainingwitness before and during breaks in testimony.