What rights do I have under student defense law?
Under student defense law in California, you have certain rights in the event of disciplinary action being taken against you as a student. Depending on your age, you have the right to have a lawyer present, the right to remain silent or not answer questions, and the right to confront and cross-examine any witnesses against you. You also have the right to due process, which means that any disciplinary action must be taken in a lawful manner, and the school must follow its own policy and procedures for such action. This includes the right to be informed of the charges against you and to have the opportunity to respond. Additionally, student defense law ensures that no student shall be punished for refusing to answer a question that might tend to incriminate them. Schools cannot require a student to answer questions about an illegal act if the student believes that answering the questions might result in criminal charges. Finally, California law requires schools to provide students with written notice of any disciplinary proceedings, which must have information on the student’s rights to due process. This includes the right to have a lawyer present, the right to remain silent or not answer questions, and the right to confront and cross-examine any witnesses against the student.
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