25 CFR § 42.8 - What are a student's due process rights in a formal disciplinary proceeding?

---
identifier: "/us/cfr/t25/s42.8"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 42.8 - What are a student's due process rights in a formal disciplinary proceeding?"
title_number: 25
title_name: "Indians"
section_number: "42.8"
section_name: "What are a student's due process rights in a formal disciplinary proceeding?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "E"
subchapter_name: "EDUCATION"
part_number: "42"
part_name: "STUDENT RIGHTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, Pub. L. 107-110, 115 Stat. 1425."
regulatory_source: "70 FR 22218, Apr. 28, 2005, unless otherwise noted."
cfr_part: "42"
---


# 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.