(a) A PSA shall suspend a member or participant for the day and require him or her to immediately leave the agency premises under the following circumstances:
- (1) The member or participant engages in behavior that poses an imminent risk of harm to the health and safety of others in the agency;
- (2) The member or participant engages in behavior which poses an imminent risk of harm to his or her own health or safety; or
- (3) The member or participant is verbally abusive of others in the agency.
(b) A PSA may suspend a member or participant for up to 12 months under the following circumstances:
- (1) The member or participant steals or destroys the property of the PSA or any person while on the premises of the PSA;
- (2) The member or participant engages in behavior that substantially interferes with the use and enjoyment of the premises by others; or
- (3) The member or participant violates a rule of the PSA for which the rules of the PSA impose such a suspension.
(c) If the member or participant denies allegations made pursuant to a suspension and files a complaint pursuant to He-M 315.10, a proposed suspension under He-M 315 shall not be effective unless:
- (1) The member or participant is arrested by the police; or
- (2) The allegation is founded following a review pursuant to the PSA’s internal complaint procedures.
(d) Whenever a member or participant is directed to leave a PSA pursuant to He-M 315, the agency shall, no later than 24 hours after the person is excluded, create a written record which contains the following information:
- (1) A full description of the member’s or participant’s behavior that resulted in him or her being directed to leave the PSA; and
- (2) The PSA shall make good faith effort to obtain the signature(s) of the individual(s) who witnessed the behavior.
- (e) Any member or participant suspended from services available on-site at a PSA shall be eligible for off-site services offered by the PSA, such as warm-line services, provided that he or she agrees to comply with all rules of the PSA.
- (f) Any member or participant suspended from services available off-site shall be eligible for on-site services offered by the PSA, provided that he or she agrees to comply with all rules of the PSA.
- (g) Providers shall ensure that all guests follow the same rules as members and participants, and shall ask guests to leave the premises of the PSA if they refuse to comply.
- (h) Any member or participant suspended pursuant to He-M 315 for a period of more than 5 days shall be reinstated following the suspension period at such time as a reentry plan developed by the member or participant which addresses the circumstances that led to the suspension is accepted by the PSA director or his or her designee.
- (i) Any member or participant subject to suspension may exercise his or her rights as provided in He-M 315.
Source. #8445, eff 10-6-05, EXPIRED: 10-6-13 New. #12191, eff 5-26-17