25 C.F.R. § 42.8

Current through November 30, 2024
Section 42.8 - What are a student's due process rights in a formal disciplinary proceeding?

A student has the following due process rights in a formal disciplinary proceeding:

(a) The right to have present at the hearing the student's parents or guardians (or their designee);
(b) The right to be represented by counsel (legal counsel will not be paid for by the Bureau-funded school or the Secretary);
(c) The right to produce, and have produced, witnesses on the student's behalf and to confront and examine all witnesses;
(d) The right to the record of the disciplinary action, including written findings of fact and conclusions;
(e) The right to administrative review and appeal under school policy;
(f) The right not to be compelled to testify against himself or herself; and
(g) The right to have an allegation of misconduct and related information expunged from the student's school record if the student is found not guilty of the charges.

25 C.F.R. § 42.8