[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR42.4]

[Page 200]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 42_STUDENT RIGHTS AND DUE PROCESS PROCEDURES--Table of Contents
 
Sec. 42.4  Due process.

    Due process shall include:
    (a) Written notice of charges within a reasonable time prior to a 
hearing. Notice of the charges shall include reference to the regulation 
allegedly violated, the facts alleged to constitute the violation, and 
notice of access to all statements of persons relating to the charge and 
to those parts of the student's school record which will be considered 
in rendering a disciplinary decision.
    (b) A fair and impartial hearing prior to the imposition of 
disciplinary action absent the actual existence of an emergency 
situation seriously and immediately endangering the health or safety of 
the student or others. In an emergency situation the official may impose 
disciplinary action not to exceed a temporary suspension, but shall 
immediately thereafter report in writing the facts (not conclusions) 
giving rise to the emergency and shall afford the student a hearing 
which fully comports with due process, as set forth herein, as soon as 
practicable thereafter.
    (c) The right to have present at the hearing the student's parent(s) 
or guardian(s) (or their designee) and to be represented by lay or legal 
counsel of the student's choice. Private attorney's fees are to be borne 
by the student.
    (d) The right to produce, and have produced, witnesses on the 
student's behalf and to confront and examine all witnesses.
    (e) The right to a record of hearings of disciplinary actions, 
including written findings of fact and conclusions in all cases of 
disciplinary action.
    (f) The right to administrative review and appeal.
    (g) The student shall not be compelled to testify against himself.
    (h) The right to have allegations of misconduct and information 
pertaining thereto expunged from the student's school record in the 
event the student is found not guilty of the charges.