What are the due process rights of students facing disciplinary action?

Students facing disciplinary action in Indiana have due process rights, which are fundamental principles of fairness. These rights are based on the 14th Amendment of the U.S. Constitution, which guarantees all individuals due process of law. Due process rights for students facing disciplinary action include the right to be notified of the allegations, the right to a hearing before an impartial decision maker, the right to present evidence, the right to question witnesses, and the right to challenge the evidence against them. Students also have the right to bring an attorney or parent/guardian to the hearing. During the hearing, the decision maker must apply the standard of "preponderance of evidence" which means that a disciplinary action can only be taken if it is more likely than not that the student has violated the school’s code of conduct. If the decision maker finds that the student has violated the code of conduct, the student has the right to appeal the decision. The student can also challenge overly severe disciplinary action. In addition, they may be protected from discrimination, harassment, or retaliation based on their race, color, national origin, sex, disability, or religion. Overall, these due process rights ensure that students facing disciplinary action are treated fairly and have the opportunity to present their side of the story. Furthermore, these rights help ensure that students are not subjected to inappropriate or unjust disciplinary measures.

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What are the due process rights of students facing disciplinary action?

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