5 CFR § 42.7 - What does due process Means in a formal disciplinary proceeding include?
Updated: Jul 29, 2021
§ 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.
(a) The school [any governmental institution] 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.