The formal disciplinary review process shall, at a minimum,
adhere to the following requirements:
(1) Disciplinary reviews must be before a neutral and
impartial person or board that shall not include any staff member
directly involved in the alleged rule violation or the imposed sanction.
(2) Provisions shall be made for the disclosure of
the evidence against the resident accused with a rule violation. A
facility may choose not to disclose all evidence against a resident
when the facility can document that the evidence would likely:
(A) interfere with a corresponding criminal investigation
or prosecution;
(B) create a significant breach of facility security;
and/or
(C) compromise the physical safety of a resident.
(3) A resident shall have the opportunity to be heard
in person and to present evidence on his or her behalf.
(4) A resident shall have the opportunity to request
relevant witnesses on his or her behalf.
(5) A resident shall have the opportunity to secure
the aid of a staff member if the resident is illiterate, disabled,
or otherwise unable to understand the nature of the proceedings.
(6) If the disciplinary review determines that the
resident did not commit a rule violation or that the corresponding
sanction was inappropriate, facility staff shall restore or reinstate
any denied or modified resident privileges.
(7) At the conclusion of a disciplinary review, a written
statement by the individual who conducted the disciplinary review
or disciplinary board shall be prepared indicating the evidence relied
upon and justification for the disposition. The statement shall be
made available to the resident for review and a copy shall be retained
in the resident's file.
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