D. Hearing Procedures:
1. The hearing will be conducted by the Presiding Officer, who will call the meeting
to order, introduce the parties, Board members and Counsel, briefly explain the
hearing procedures, and swear in any witnesses called by the Administration or
the student.
2. The hearing will be conducted in executive session. A verbatim record of the
hearing will be made, either by tape recording or by a stenographer.
3. Formal rules of evidence will not be followed. The Board has the right to accept
hearsay and other evidence if it deems that evidence relevant or material to its
determination. The presiding officer will rule on testimony or evidence as to it
being immaterial or irrelevant.
4. The hearing will be conducted in two parts. In the first part of the hearing, the
Board will receive and consider evidence regarding the conduct alleged by the
Administration.
5. In the first part of the hearing, the charges will be introduced into the record by
the Superintendent or his/her designee.
6. Each witness for the Administration will be called and sworn. After a witness
has finished testifying, he/she will be subject to cross-examination by the
opposite party or his/her legal Counsel and by Board members.
7. After the Administration has presented its case, the student will be asked if
he/she has any witnesses or evidence to present. If so, the witnesses will be
sworn, will testify, and will be subject to cross-examination and to questioning
by the Board. The student may also choose to make a statement at this time. If
the student chooses to make a statement, he or she will be sworn and subject to
cross-examination and questioning by the Board. Concluding statements will be
made by the Administration and then by the student and/or his or her
representative.
8. In cases where the respondent has denied the allegation, the Board must
determine whether the respondent committed the offense(s) as charged by the
Administration.
9. If the Board determines that the student has committed the conduct as alleged,
then the Board shall proceed with the second portion of the hearing, during which
the Board will receive and consider evidence regarding the length and conditions
of expulsion.
10. When considering the length and conditions of expulsion, the Board may review
the student’s attendance, academic and past disciplinary records. The Board may
ask the Administration for a recommendation as to the discipline to be imposed.
11. Evidence of past disciplinary problems which have led to removal from a
classroom, suspension or expulsion of a student being considered for expulsion
may be considered only during the second portion of the hearing, during which
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