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Federal regulations · Through 2026-08-25 · Newer source version available

25 CFR 42.8: What are a student's due process rights in a formal disciplinary proceeding?

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Where this section sits in the code
  1. Title 25—Indians
  2. CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
  3. SUBCHAPTER E—EDUCATION
  4. PART 42—STUDENT RIGHTS

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.

Collected 2026-08-27T02:24:59Z. Source file · JSON

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