---
kind: "section"
citation: "25 C.F.R. § 42.9"
title: "25"
number: "42.9"
heading: "What are victims' rights in formal disciplinary proceedings?"
url: "https://uscodex.org/cfr/25/42.9"
---

# §42.9. What are victims' rights in formal disciplinary proceedings?


In formal disciplinary proceedings, each school must consider victims' rights when appropriate.

- (a) The victim's rights may include a right to:
  - (1) Participate in disciplinary proceedings either in writing or in person;
  - (2) Provide a statement concerning the impact of the incident on the victim; and
  - (3) Have the outcome explained to the victim and to his or her parents or guardian by a school official, consistent with confidentiality.
- (b) **For the purposes of this part, the victim is the actual victim, not his or her parents or guardians.**

## 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.
