Section 28-704. DISCIPLINARY HEARING PROCEDURES

 

704.1The Shift Supervisor, following receipt and review of a disciplinary report, shall complete a Notice of Hearing Form. Along with the Notice of Hearing Form, the subject defendant must be provided a copy of the disciplinary report, with any attachments, at least twenty-four (24) hours prior to a hearing. A CCC defendant may waive, in writing, the twenty-four (24) hour notice.

 

704.2The Shift Supervisor must attempt to obtain the subject defendant's signature on the Notice of Hearing Form, acknowledging receipt of a copy. If the defendant refuses to sign, the Shift Supervisor shall note on the form that the defendant refused to sign and have another employee witness and sign that a copy of the Notice of Hearing Form and disciplinary report were given to the defendant.

 

704.3The Notice of Hearing Form shall state the date and time of the hearing.

 

704.4At the time that the CCC defendant is served with the Notice of Hearing Form, he/she must inform the Shift Supervisor or designee of his/her intent to provide a list of witnesses. The list of witnesses shall be submitted to the Disciplinary Team.

 

704.5If the defendant needs additional time to gather witnesses or prepare his/her case, a request may be made in writing for a continuance of the hearing. If the facts warrant a continuance, the Disciplinary Team shall grant the request in writing. The hearing shall be rescheduled as soon as possible and the defendant shall be notified of the new hearing date.

 

704.6The Disciplinary Team shall be responsible for the review of each disciplinary report. The Team shall decide within three (3) working days of receipt of the report to take one of the following actions [in § 704.7] unless there are extenuating circumstances that result in postponing or delaying the hearing.

 

704.7For Class II and Class III Infractions, the Disciplinary Team may:

 

(a)Conduct a disciplinary hearing and, if appropriate, impose applicable sanctions;

 

(b)Take no further action, at which time the case may be dismissed with or without prejudice. Staff shall maintain a log of all dismissals, and maintain the reports for cases dismissed without prejudice for forty-five (45) days.

 

704.8A hearing for an infraction must be completed within three (3) working days of the date that the disciplinary report was filed unless circumstances warrant a postponement.

 

704.9The CCC defendant shall be provided an opportunity to appear at the hearing and to provide documentary evidence to support his/her case unless doing so would be unduly hazardous to the institutional safety of witnesses or staff. Reasons for denying the defendant's appearance at the hearing shall be stated in writing and provided to the defendant.

 

704.10The defendant shall be present throughout the disciplinary hearing except during the period of deliberation, when confidential information is presented or if removed for disruptive behavior.

 

704.11The defendant may waive his/her presence at the hearing.

 

704.12When a defendant fails or refuses to appear at the disciplinary hearing, or is removed due to disruptive behavior, the Disciplinary Team may proceed with the hearing and make a decision based on the disciplinary report and any other available evidence. The Disciplinary Team must document the failure to appear on the disciplinary report and have another member of the staff witness and sign the report.

 

704.13Evidence, testimony, questions and examination are to be limited to facts relevant to the alleged infractions. Testimony of a defendant or staff witness may be presented through written statements. The defendant may call a reasonable number of witnesses on his/her behalf unless:

 

(a)Permitting the witness to testify poses a threat to institutional security, the safety of a person or orderly operations;

 

(b)The witness' testimony would be either redundant or immaterial, the witness' testimony concerns the general character of the defendant;

 

(c)The defendant does not appear at the hearing.

 

704.14If a witness is not permitted to testify, the Disciplinary Team must document the reason for excluding the witness from the hearing.

 

704.15Information from a reliable source whose identity is not disclosed to the defendant may be admissible at the hearing. Such information may be presented to the Disciplinary Team verbally or in writing. The details of any information from an anonymous source should be shared with the defendant to the extent that this may be done without causing a substantial risk to the safety of the source.

 

704.16Where anonymous information is not shared with a defendant a separate file shall be maintained which documents why information from this source was deemed reliable.

 

704.17The Disciplinary Team may recess the hearing to collect additional information. However, the Disciplinary Team's decision must be made solely on the evidence presented during the hearing.

 

704.18Following the hearing, the Team must complete a Disciplinary Hearing Decision Form stating the conclusion of the Team, the evidence that was relied upon, the reasons for the disciplinary action, and the sanctions imposed.

 

704.19A defendant may be found guilty of an infraction based upon a preponderance of the evidence. The agency has the burden of proof.

 

704.20The defendant must receive, orally and in writing, a statement of the findings, evidence relied upon, sanctions to be imposed and reasons for the sanctions.

 

704.21The Disciplinary Team may suspend the sanctions imposed for a specified period of time not to exceed thirty (30) days.

 

704.22If a defendant is convicted of an infraction while on suspension, the suspension may be revoked and the prior sanctions shall run consecutive to the new sanctions.

 

704.23A revoked suspension may not be considered as one of the sanctions for the new offense.

 

704.24The Disciplinary Team may find a defendant guilty of a lesser-included offense.

 

source

Final Rulemaking published at 49 DCR 4558, 4564-66 (May 17, 2002).