California Education Code 44990 – (a) It is the intent of the Legislature in enacting this article …
(a) It is the intent of the Legislature in enacting this article to provide an administrative law judge with discretion to employ alternative hearing procedures to protect the rights of a minor witness, the rights of the respondent, and the integrity of the judicial process. In exercising its discretion, the administrative law judge necessarily shall be required to balance the rights of the respondent against the need to protect a minor witness and to preserve the integrity of the truth-finding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures.
(b) As used in this article, the following definitions apply:
Terms Used In California Education Code 44990
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judge: means the administrative law judge presiding over the dismissal or suspension hearing. See California Education Code 44990
- Minor: means any person under 18 years of age. See California Education Code 44990
- Respondent: means the party against whom a petition has been filed. See California Education Code 44990
- Victim advocate: work with prosecutors and assist the victims of a crime.
(1) “Judge” means the administrative law judge presiding over the dismissal or suspension hearing.
(2) “Minor” means any person under 18 years of age.
(3) “Representative of the respondent” means either counsel for, or an exclusive labor representative of, the respondent.
(4) “Respondent” means the party against whom a petition has been filed.
(5) “Support person” means an adult attendant, victim advocate, or other witness who is able, because of education, experience, or familiarity with the minor, to ensure that the minor’s mental health, welfare, and well-being are protected.
(c) In accordance with Section 44994, this article shall apply only to proceedings brought pursuant to Section 44934.1.
(Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.)