Thorner - BCSD Static Server - Bakersfield City School District

EXPULSION/DUE PROCESSAdministrative RegulationAR 601.4Page 16 of 24(2) At the discretion of the person conducting the hearing, the complaining witness shall be allowedreasonable periods of relief from examination and cross-examination during which he/she mayleave the hearing room.(3) The administrative hearing officer may:(A) Arrange the seating within the hearing room so as to facilitate a lessintimidating environment for the complaining witness.(B)(C)Limit the time for taking the testimony of a complaining witness to the hourshe/she is normally in school, if there is no good cause to take the testimonyduring other hours.Permit one of the support persons to accompany the complaining witness tothe witness stand or area.7. Decision Within 40 School Days: Since the Board does not meet on a weekly basis, its decisionon whether to expel a pupil shall be made within 40 school days after the pupil is removed fromhis/her school of attendance, unless the pupil requests in writing that the decision be postponed(Education Code Section 48918(a)).Procedures for Use of SubpoenasEducation Code Section 48918 authorizes the Board to issue subpoenas for personal appearance atthe administrative hearing of any person who actually witnessed the action that gave rise to therecommendation for expulsion. The subpoena must be served at least 10 days before the timerequired for attendance (Code of Civil Procedure 1987). Unless they are parties to the hearing orare District or government employees, witnesses who appear after receiving a subpoena receive feesand mileage equal to those prescribed for witnesses in civil actions in a superior court. Witnessreimbursement must be paid by the party requesting the subpoena.Establishing an Administrative Hearing PanelAn administrative hearing panel is established by the Board to gather facts about the chargesagainst a pupil and to recommend actions to the Board. The impartial administrative hearing panelwill be composed of three or more certificated personnel, none of whom shall be members of theBoard or on the staff of the school in which the pupil is enrolled (Education Code Section48918(d)). The administrative hearing panel shall be chaired by the hearing officer. Selections tothe panel shall be made by the Superintendent or designee.