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Current as of October 02, 2022 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 25. Indians § 25.42.8 What are a student's due process rights in a formal disciplinary proceeding? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-25-indians/cfr-sect-25-42-8/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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