25 CFR 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.