25 C.F.R. § 42.7 What does due process in a formal disciplinary proceeding include?
Title 25 - Indians
Due process must include written notice of the charges and a fair and impartial hearing as required by this section. (a) The school must give the student written notice of charges within a reasonable time before the hearing required by paragraph (b) of this section. Notice of the charges includes: (1) A copy of the school policy allegedly violated; (2) The facts related to the alleged violation; (3) Information about any statements that the school has received relating to the charge and instructions on how to obtain copies of those statements; and (4) Information regarding those parts of the student's record that the school will consider in rendering a disciplinary decision. (b) The school must hold a fair and impartial hearing before imposing disciplinary action, except under the following circumstances: (1) If the Act requires immediate removal (such as, if the student brought a firearm to school) or if there is some other statutory basis for removal; (2) In an emergency situation that seriously and immediately endangers the health or safety of the student or others; or (3) If the student (or the student's parent or guardian if the student is less than 18 years old) chooses to waive entitlement to a hearing. (c) In an emergency situation under paragraph (b)(2) of this section, the school: (1) May temporarily remove the student; (2) Must immediately document for the record the facts giving rise to the emergency; and (3) Must afford the student a hearing that follows due process, as set forth in this part, within ten days.
Title 25: Indians
PART 42—STUDENT RIGHTS
§ 42.7 What does due process in a formal disciplinary proceeding include?
