---
kind: "section"
citation: "25 C.F.R. § 42.8"
title: "25"
number: "42.8"
heading: "What are a student's due process rights in a formal disciplinary proceeding?"
url: "https://uscodex.org/cfr/25/42.8"
---

# §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.

## 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.