California OAH special education order · July 20, 2021
Order Requiring Del Mar Union School District to Restore Hearing Exhibits
OAH Case No. 2020120692 · ALJ Brian H. Krikorian
OAH ordered Del Mar Union to restore all of its hearing exhibits it deleted from Caselines after dismissal, because admitted exhibits are part of the official record, and warned of possible sanctions.
Summary
The case was dismissed with prejudice at hearing on July 13, 2021. While preparing the administrative record, OAH found that District representatives had deleted all of the District's exhibits from Caselines that same day, including exhibits already admitted into evidence on July 7 and 8. On its own motion, OAH ordered the District and its counsel to upload exact copies of the exhibits by 5:00 PM on July 21, 2021, and to file a declaration under penalty of perjury that the copies match the originals. OAH warned that failing to comply would lead to an order to show cause why sanctions should not be ordered.
Why it matters
Admitted exhibits belong to the official administrative record, and parties may not alter or delete them, even after a case is dismissed. A party that tampers with the record risks sanctions.
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
IN THE MATTER OF:
PARENT ON BEHALF OF STUDENT,
v.
DEL MAR UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2020120692
ORDER REQUIRING DEL MAR UNION SCHOOL DISTRICT
TO RESTORE HEARING EXHIBITS
JULY 20, 2021
At hearing on July 13, 2021, this matter was dismissed with prejudice. A written order was issued on July 13, 2021. In the course of preparing the administrative record, it was discovered that on July 13, 2021, representatives of Del Mar Union School District deleted all of “District’s Exhibits” from Caselines, including documents that were admitted into the record as evidence on July 7 and July 8, 2021. Neither Counsel no Del Mar Union were authorized to alter or delete admitted exhibits which are part of the official administrative record.
Del Mar Union and its counsel shall upload to Caselines exact copies of Del Mar Union’s exhibits as they existed on July 13, 2021, by no later than 5:00 PM on July 21,
2021. Upon completion, Del Mar’s counsel shall file a declaration under penalty of
perjury that the exhibits uploaded to Caselines match the previous exhibits. Failure to fully comply by that date and time will result in the issuance of an Order to Show Cause why sanctions should not be ordered.
IT IS SO ORDERED.
Brian H. Krikorian Administrative Law Judge Office of Administrative Hearings