Section 380.07. Decision and appeal procedure.

 

(1)   Superintendent's decision. Within 7 days of receipt of the complaint mediator's report or receipt of a direct complaint, the superintendent shall issue a written decision and provide a copy to each complainant. The decision shall state the issue, the facts upon which the decision is based, the decision, the reasons for the decision and the notice required by sub. (4) . If no decision is issued within 7 days, the recommendation of the complaint mediator is affirmed. If the youth filed complaint directly with the superintendent, a written [decision] must be issued.

(2)   Superintendent's options. If the superintendent affirms a complaint under s. DOC 380.02 (2) challenging the procedure used by a hearing officer under ss. DOC 373.72 , 373.73 and 373.76 to 373.78 , the superintendent may do one of the following:

(a) Affirm the hearing officer's decision if the error in procedure did not deny the youth a fair hearing.

(b) Affirm the hearing officer's decision, but reduce the discipline.

(c) Reverse the hearing officer's decision and remove all records of the decision from the youth's files. A record of the decision may be kept for statistical purposes only.

(d) Remand the case to the hearing officer for further consideration.

(3)   Appeal to the administrator.

(a) A youth may appeal to the administrator in writing, using the appeal of complaint form, either a decision or a failure to issue a decision under sub. (1) to the administrator within 5 days of receipt of the decision or the failure to issue a decision.

(b) The administrator shall issue a written decision within 7 days of receipt of the appeal, which is the final decision of the department and states the reasons and facts upon which the decision is based. If no decision is issued, the decision of the superintendent is affirmed.

(4)   Failure to implement decision promptly. The complaint decision under sub. (1) shall inform the youth who filed the complaint of the right to write the administrator directly if the relief requested or a resolution agreed upon has not been implemented within 14 days of the decision or agreement. The administrator shall investigate and take all necessary steps to enforce prompt implementation.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2000, No. 534 .