Section R7-2-714. Testimony of pupils

A.      All individuals present at a hearing regarding an action against a certificate shall:

1.        Keep confidential the name of any pupil involved in the hearing, unless disclosure is with the consent of the pupil’s parent or guardian or by order of the superior court. This action does not prevent disclosure of the pupil’s name to any party to the hearing.

2.        Keep confidential the testimony of any pupil, all of which shall be taken in executive session, except that the Board office shall be furnished a confidential copy of the pupil’s testimony as part of the complete transcript of the hear- ing. The individuals present during the executive session shall be determined by the presiding officer in consulta- tion with the Attorney General’s office except that the respondent and counsel shall always be permitted to be present. The transcripts of testimony taken during execu- tive session shall be maintained by the Board.

B.       The Board of Education or its designee shall:

1.        Make available a consent form which requires the signa- ture of the pupil’s parent or guardian prior to disclosure of the pupil’s name;

2.        Assign a fictitious name to all witnesses identified as pupils on the witness lists provided by the complainant and respondent if not in receipt of written parental or guardian consent for disclosure;

3.        Notify hearing participants, prior to and during the hear- ing, of any fictitious names to be used.

C.      The presiding officer shall instruct all individuals present at the hearing of the confidentiality requirements of A.R.S. § 15- 551 and this rule.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).