---
kind: "section"
citation: "25 C.F.R. § 42.7"
title: "25"
number: "42.7"
heading: "What does due process in a formal disciplinary proceeding include?"
url: "https://uscodex.org/cfr/25/42.7"
---

# §42.7. What does due process in a formal disciplinary proceeding include?


Due process must include written notice of the charges and a fair and impartial hearing as required by this section.

- (a) The school must give the student written notice of charges within a reasonable time before the hearing required by [paragraph (b)](#b) of this section. Notice of the charges includes:
  - (1) A copy of the school policy allegedly violated;
  - (2) The facts related to the alleged violation;
  - (3) Information about any statements that the school has received relating to the charge and instructions on how to obtain copies of those statements; and
  - (4) Information regarding those parts of the student's record that the school will consider in rendering a disciplinary decision.
- (b) The school must hold a fair and impartial hearing before imposing disciplinary action, except under the following circumstances:
  - (1) If the Act requires immediate removal (such as, if the student brought a firearm to school) or if there is some other statutory basis for removal;
  - (2) In an emergency situation that seriously and immediately endangers the health or safety of the student or others; or
  - (3) If the student (or the student's parent or guardian if the student is less than 18 years old) chooses to waive entitlement to a hearing.
- (c) **In an emergency situation under paragraph (b)(2) of this section, the school—**
  - (1) May temporarily remove the student;
  - (2) Must immediately document for the record the facts giving rise to the emergency; and
  - (3) Must afford the student a hearing that follows due process, as set forth in this part, within ten days.

## Notes

### Authority

Authority: 5 U.S.C. 301, Pub. L. 107-110, 115 Stat. 1425.

### Source

Source: 70 FR 22218, Apr. 28, 2005, unless otherwise noted.