N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-1.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 179-1.3 - Definitions

(a) Rules. Each behavior listed in Subpart 179-4 of this Part is classified as a level I, II, or III rule. If a behavior has more than one designation, it means that it could be classified at different levels, depending upon the specific circumstances. The offenses of conspiracy, attempt and accessory shall be punishable to the same degree as the actual offense.

(1) Level I rules shall mean basic standards of conduct for all areas of program.

(2) Level II rules specify prohibited acts which, if committed, constitute serious misbehaviors.

(3) Level III rules specify prohibited acts which, if committed, constitute very serious misbehaviors.

(b) Facility director's proceeding (FDP). A disciplinary hearing provided to a resident by the facility director, or a designee as herein provided, for violations of all level III rules or certain level II rules as determined by the disciplinary review officer.

(c) Disciplinary review officer (DRO). An employee designated by the facility director to collect, review and cause an appropriate investigation to be made of resident rule violation reports, and take action on the report, or return the report to the resident's living unit to be addressed by unit staff, or refer the report to a FDP.

(d) Hearing officer. The person designated to preside at a FDP.

(e) Resident assistant (RA). An employee chosen by the resident and approved by the facility director to assist the resident throughout the FDP. The RA is not an advocate for the resident. The RA's role is to speak with the resident charged, to explain the charge(s) to the resident, interview witnesses requested by the resident and report the results of his or her efforts to the resident. The RA may assist the resident in obtaining documentary evidence or written statements which may be necessary. The RA shall be present at the FDP.

(f) Substantial evidence. Substantial evidence shall mean such evidence that a reasonable person would accept as adequate to support a conclusion.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-1.3