25 CFR 42.7 – What does due process in a formal disciplinary proceeding include?
Due process must include written notice of the charges and a fair and impartial hearing as required by this section.
Terms Used In 25 CFR 42.7
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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.