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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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