Regulations last checked for updates: Apr 30, 2024

Title 25 - Indians last revised: Mar 22, 2024
§ 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.

authority: 5 U.S.C. 301,Pub. L. 107-110, 115 Stat. 1425
source: 70 FR 22218, Apr. 28, 2005, unless otherwise noted.
cite as: 25 CFR 42.8