{"data":{"id":"us/25-cfr-42.8","jurisdiction":"us","citation":"25 CFR 42.8","heading":"What are a student's due process rights in a formal disciplinary proceeding?","body":"A student has the following due process rights in a formal disciplinary proceeding:\n(a) The right to have present at the hearing the student's parents or guardians (or their designee);\n(b) The right to be represented by counsel (legal counsel will not be paid for by the Bureau-funded school or the Secretary);\n(c) The right to produce, and have produced, witnesses on the student's behalf and to confront and examine all witnesses;\n(d) The right to the record of the disciplinary action, including written findings of fact and conclusions;\n(e) The right to administrative review and appeal under school policy;\n(f) The right not to be compelled to testify against himself or herself; and\n(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.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER E—EDUCATION","PART 42—STUDENT RIGHTS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"6b9328e3f128e48eb74bb027f023423420175af545ca080691262aa7644ba113","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-42.7","next":"us/25-cfr-42.9"},"notice":"GroundRules: Original legal text. Not legal advice."}