A resident may appeal the findings of a formal disciplinary
review. The appeal process shall include the following elements.
(1) The appeal shall be decided by one or more neutral
and impartial persons who were not directly involved in the formal
disciplinary review and not directly involved in the disciplinary
process.
(2) The resident shall be allowed to submit the request
for an appeal within seven calendar days after a disposition is rendered
in the formal disciplinary review.
(3) The person(s) who decides the appeal shall prepare
a written response to the resident's appeal that:
(A) indicates the evidence to be relied upon in making
the appeal decision and the justification for the decision; and
(B) is completed within 10 calendar days after the
date the resident requested the appeal. Any delay beyond 10 calendar
days must be supported by documented justification explaining why
it was impossible, impractical, or inappropriate to answer the appeal
within ten calendar days.
(4) If the appeal determines the resident did not commit
the violation or that the sanction given was not appropriate, staff
shall restore or reinstate any denied or modified privileges or determine
some form of appropriate relief, if available.
(5) The appeal response shall be made available to
the resident for review and a copy shall be retained in the resident's
file.
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