Each facility shall develop and implement a written resident discipline plan that provides for the fair and consistent application of resident rules and sanctions. A resident discipline plan shall minimally include:

1. (1) resident rule violations categorized into minor infractions and major violations as well as the corresponding sanctions available to staff. Minor infractions shall be limited to those rules which do not represent serious behavior against persons or property and behavior that does not pose a serious threat to institutional order and safety. Major violations shall be limited to those rules which constitute serious behavior against persons or property and behavior that poses a serious threat to institutional order and safety;
2. (2) provisions to ensure that rule infractions or resident behaviors which constitute probable cause for an offense of a class B misdemeanor or above shall be referred to the law enforcement agency with applicable jurisdiction for possible investigation and/or prosecution;

3. (3) a listing of prohibited sanctions for residents that minimally includes:

   1. (A) corporal punishment;
   2. (B) humiliating punishment including verbal harassment of a sexual nature or that relates to a resident's sexual orientation or gender identity;
   3. (C) allowing or directing one resident to sanction another;
   4. (D) group punishment for the acts of individuals;
   5. (E) deprivation or modification of required meals and snacks;
   6. (F) deprivation of clean and appropriate clothing;
   7. (G) deprivation or intentional disruption of scheduled sleeping opportunities;
   8. (H) deprivation or intentional delay of medical and mental health services; and
   9. (I) physical exercises imposed for the purposes of compliance, intimidation, or discipline with the exception of practices allowed in §343.710 of this chapter;
4. (4) provisions that a resident shall be provided written notice of the alleged major rule violation against him or her no more than 24 hours after the violation;
5. (5) provisions for an informal process for residents to resolve conflict with rule infractions and the corresponding sanctions, if the facility chooses to employ such a process; this shall include established guidelines that provide instruction for residents and staff in using this informal process to review and resolve resident concerns. In no case, shall a resident be sanctioned or retaliated against for electing to forego the informal disciplinary review process when they are eligible for formal disciplinary reviews;
6. (6) provisions for disciplinary reviews for major rule violations, including established requirements of when to initiate formal disciplinary reviews and any ensuing appeals. The facility's policies and procedures shall not deny or restrict a formalized disciplinary review or appeal when one is requested by a resident with eligible standing; and
7. (7) provisions for the administrative review and closure of formal disciplinary reviews that are not disposed of prior to a resident's discharge from the facility.

Source Note:The provisions of this §343.274 adopted to be effective January 1, 2010, 34 TexReg 7095.