§ 42.8. What are a student's due process rights in a formal disciplinary proceeding?
142 words·~1 min read·
/us/cfr/t25/s§ 42.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.