Section 83-13-005 - Major Rule Violation Where the possible sanction of violation of a rule is limitation or deprivation of privileges more than seven (7) days, or the placement in disciplinary confinement not to exceed 7 days except in cases involving violence, the violation shall be treated as a major infraction. Procedures for handling major infractions shall include:
005.01 Facility employees alleging a major rule violation shall prepare a disciplinary report and forward it to the designated disciplinary officer or committee without delay. The report shall include, at a minimum:005.01A A description of the incident;005.01B Specific rule violated;005.01C Unusual juvenile behavior;005.01D Staff or juvenile witnesses;005.01E Disposition of any physical evidence;005.01F Any immediate action taken, including use of force and pre-hearing confinement;005.01G Reporting staff member's signature with date and time report is made;005.02 An investigation of the reported major rule infraction shall be started within twenty-four (24) hours of the time the alleged violation was reported, unless there are exceptional circumstances to justify a delay.005.03 The juvenile charged with a major rule infraction shall be provided with a written statement of the charges, including a description of the incident, the specific rule violated, and notice of the hearing on the incident. The juvenile shall have at least twenty-four (24) hours prior to the hearing to prepare a defense.005.04 A hearing on the reported major infraction shall be held within ninety-six (96) hours of the time the statement of charges is delivered to the juvenile before a designated disciplinary officer or committee. The officer or committee shall not have been directly involved in the incident. Hearing procedures shall include the following provisions:005.04A The juvenile may be present at the hearing unless he or she waives in writing the right to attend or the juvenile's behavior justifies exclusion from the hearing;005.04B The juvenile may request the services of a facility employee to represent him or her at the hearing;005.04C The juvenile shall be allowed to call witnesses and present documentary evidence in his or her defense. The disciplinary officer or committee can impose reasonable restrictions on the length of testimony and the number of witnesses;005.04D The disciplinary officer or committee shall render a decision based on the preponderance of evidence presented and shall prepare a written record of the decision and any sanctions imposed; and005.04E A copy of the decision and the sanctions imposed shall be provided to the juvenile.005.05 The juvenile shall have the right to appeal a decision on a disciplinary action on a major rule violation to the facility administrator who shall consider the following: 005.05A If there was substantial compliance with facility policy and procedures on discipline;005.05B If the decision was based on a preponderance of evidence; and005.05C If the sanction imposed was proportionate to the infraction.005.06 If a juvenile is found not guilty of an alleged infraction, all reference to the incident shall be removed from his or her file.005.07 Juveniles charged with major infractions may be held in confinement prior to the hearing only when necessary to ensure the safety of the juvenile or the facility. Confinement for periods of over twenty-four (24) hours shall be reviewed daily thereafter by the facility administrator or his/her designee to determine the need for further confinement.83 Neb. Admin. Code, ch. 13, § 005