25 CFR § 42.9 - What are victims' rights in formal disciplinary proceedings?

---
identifier: "/us/cfr/t25/s42.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 42.9 - What are victims' rights in formal disciplinary proceedings?"
title_number: 25
title_name: "Indians"
section_number: "42.9"
section_name: "What are victims' rights in formal disciplinary proceedings?"
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"
---


# 42.9 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.