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:

DOC 373.78(1)(b)(b) The evidence duplicates evidence already received at the disciplinary hearing.

DOC 373.78(2)(2) Evidence is relevant if that evidence makes it appear more likely or less likely that the youth committed the violation of which the youth is accused.

DOC 373.78(3)(3) A finding of guilt shall be based on a preponderance of the evidence.

DOC 373.78(4)(4) After a finding of guilt by the hearing officer, confidential informant material shall be forwarded to the superintendent for retention in restricted security records.

DOC 373.79(1)(1) A record of a conduct rule violation may be included in a youth’s permanent record only if the youth was found guilty by summary disciplinary procedure, as provided in s. DOC 373.68 or by a hearing officer under this chapter.

DOC 373.79(2)(2) Following an appeal in which the finding of guilty is reversed, all records of the conduct rule violation shall be removed from the youth’s records.

DOC 373.79(3)(3) No record of an alleged violation of the conduct rules which has been dismissed or for which the youth was found not guilty, may be maintained in any official record or considered in making program or release decisions. Information concerning the alleged violation may be retained for statistical or administrative purposes only, but without personal identifiers.

DOC 373.80DOC 373.80 Dispositional alternatives for major conduct rule violations.

DOC 373.80(1)(1) If a youth’s guilt is not established by a preponderance of the evidence, the hearing officer shall dismiss the case.

DOC 373.80(2)(2) If a youth’s conduct, as proven, is not sufficient to warrant a major penalty, the hearing officer may order a disposition under s. DOC 373.68.

DOC 373.80(3)(3) If the hearing officer finds that a youth committed a major conduct rule violation, the hearing officer shall consider any extenuating or mitigating circumstances in determining the appropriate major penalty disposition, which may include any of the following:

DOC 373.80(3)(a)(a) First major conduct rule violation within 60 days: not to exceed close confinement for 3 days and modified confinement for an additional 40 days.

DOC 373.80(3)(b)(b) Second major conduct rule violation within 60 days: not to exceed close confinement for 4 days and modified confinement for an additional 50 days.

DOC 373.80(3)(c)(c) Third and each subsequent major conduct rule violation within 60 days: not to exceed close confinement for 6 days and modified confinement for an additional 60 days.

DOC 373.80(4)(4) A major penalty disposition may only be imposed concurrent with other major dispositions under this section.

DOC 373.80(5)(5) The minimum requirement of one-hour out-of-room time per day for close confinement may be suspended for a 24-hour period upon the recommendation of a physician or psychologist. The superintendent shall send a written report of the suspension to the administrator.

DOC 373.80(6)(6) If the hearing officer finds that a youth committed a conduct rule violation which resulted in damages or monetary loss, the hearing officer may direct that the youth pay restitution in addition to any disposition imposed under sub. (3).

DOC 373.81(1)(1) A youth who has received summary discipline or a major penalty may appeal the decision to the superintendent within 7 days of the day the youth was notified of the decision. A youth who has difficulty preparing a written appeal shall be assisted by staff when requested to do so by the youth.

DOC 373.81(2)(2) The superintendent shall issue a final decision on the appeal within 7 days of receipt of the appeal. Failure to issue a final decision upholds the decision to discipline.

DOC 373.81(3)(3) The superintendent may do any of the following:

DOC 373.81(3)(a)(a) Affirm both the finding of guilt and the discipline imposed.