DOC 373.76(3)(3) A witness requested by the accused shall attend the disciplinary hearing unless one or more of the following apply:

DOC 373.76(3)(a)(a) There is a significant risk of bodily or psychological harm to the witness if he or she testifies as determined by the hearing officer.

DOC 373.76(3)(d)(d) The witness is a youth who is unavailable due to hospitalization, illness, transfer, release or is otherwise unable to attend, or staff who is unavailable due to injury, illness, vacation or because he or she is no longer employed at that location, or is on extended leave.

DOC 373.76(3)(e)(e) The testimony is irrelevant to the question of guilt or innocence of the youth or to the disposition.

DOC 373.76(3)(f)(f) The testimony merely duplicates other evidence and would unduly prolong the hearing.

DOC 373.76(3)(g)(g) The witness is a member of the staff who is on a shift other than the shift on which the hearing is held.

DOC 373.76(4)(4) If a witness, approved to testify at the disciplinary hearing, is unavailable to testify for one of the reasons under sub. (3), the hearing officer may accept a signed, written statement, a transcript of a statement, an oral statement by telephone, a tape recorded statement or may require the advocate or other staff person to interview the witness and report the interview in writing.

DOC 373.76(5)(5) If the hearing officer determines under sub. (3) (a) that a witness is unavailable and the hearing officer considers a signed, written statement from that witness, the identity of the witness may not be revealed to the accused. The statement shall be disclosed to the accused only if it can be edited so that it will not disclose the identity of the witness.

DOC 373.76(6)(6) After determining which witnesses will be called for the accused, the hearing officer shall schedule a time for a hearing when all of the following persons can be present:

DOC 373.76(7)(7) In the case of youth witnesses and the accused, the hearing officer, when scheduling the disciplinary hearing, shall attempt to avoid conflict with off grounds activities, but these persons may be required to attend the disciplinary hearing even if it conflicts with those activities.

DOC 373.76(8)(8) The hearing officer or other designated staff shall notify the accused, the advocate, if any, and all witnesses of the time and location of the disciplinary hearing.

DOC 373.77(1)(1) The superintendent shall designate staff to serve as hearing officers who make decisions in disciplinary hearings.

DOC 373.77(2)(2) The superintendent may designate 2 or 3 hearing officers to function as a hearing committee assigned to fulfill the role of a single hearing officer in a disciplinary hearing. If a hearing committee is designated to conduct the disciplinary hearing, a decision shall be rendered as follows:

DOC 373.77(2)(a)(a) A decision by a committee of 3 requires the concurrence of a majority of members of the committee.

DOC 373.77(2)(b)(b) A decision by a committee of 2 must be unanimous. If a unanimous decision cannot be reached, the matter shall be referred to the superintendent for decision.

DOC 373.77(3)(3) No person who was directly involved in an incident which is the subject of a disciplinary hearing may serve as hearing officer or be on the committee for that disciplinary hearing.

DOC 373.77(4)(4) The hearing officer or committee shall base its findings, conclusions and decisions on discipline solely on this chapter and the evidence which was presented at the disciplinary hearing.

DOC 373.78(1)(1) During a disciplinary hearing, the hearing officer shall consider any relevant evidence, whether or not it would be admissible in a court of law and whether or not any violation of this chapter occurred in the process of gathering the evidence, unless any of the following applies: