Download 2412-14 Sexual Misconduct With Offenders (PREA)

Sixth District
Department of
Correctional Services
POLICY
Subject
Issue Date
Effective Date
Policy Number
08/19/05
03/17/14
2412-14
Review Month
Author
September
0102/0120
SEXUAL MISCONDUCT WITH
OFFENDERS (PREA)
Rescinds
057-12
References: Prison Rape Elimination Act-Community Confinement
Standards, United States Department of Justice Final
Rule 28 C.F.R. Part 115, Docket No. OAG-131, RIN
1105-AB34, May 17, 2012
PURPOSE:
To establish policy in regard to Prison Rape Elimination Act (PREA) training and education.
POLICY:
It is the policy of the Sixth Judicial District Department of Correctional Services to provide a
safe, humane and secure environment, free from the threat of sexual violence and sexual
harassment for all offenders, by maintaining a program of education, prevention, detection,
response, investigation, prosecution and tracking. The Sixth Judicial District Department of
Correctional Services has zero tolerance for sexual violence of any kind.
DEFINITION:
1.
Allegation – Any event that is said to have happened but which has not yet been
verified. These events include rumor and “offender talk.”
2.
Intimacy - Other sexually inappropriate behavior not defined as sexual contact or sexual
abuse of an offender including kissing, intimate or flirtatious conversation or touching
parts of the body not defined under sexual contact. This includes behavior unrelated to
the performance of job duties.
3.
Invasion of Privacy - Intentionally observing, attempting to observe, or interfering in an
offender’s activities, which involves hygiene or personal care, without a sound job
related reason. Any act by any staff which is considered to be reasonable and a
necessary part of official duties and responsibilities, are not regarded as an invasion of
privacy.
4.
Retaliation – An act of vengeance, covert or overt action or threat of action, taken
against an offender in response to the offender’s complaint of sexual misconduct or
cooperation in the reporting or investigation of sexual misconduct, regardless of the
merits or the disposition of the complaint. Examples of acts of retaliation, include but
are not limited to: unnecessary discipline, intimidation, unnecessary changes in work or
program assignments, unjustified transfers or placements, or unjustified denials of
privileges or services.
POLICY NUMBER 2412-14
PAGE 2 OF 5
DEFINITION: (continued)
5.
Sexual Abuse – Sexual abuse includes, but is not limited to, subjecting an offender to
sexual contact by persuasion, inducement, enticement, or forcible compulsion.
6.
Sexual Contact – Intentional contact of an inappropriate nature either directly or
through clothing such as touching of the genitalia, anus, groin, breasts, inner thighs, or
buttocks of any person. This includes all touching unrelated to the necessary
performance of job duties (see Iowa Code Section 702.17).
7.
Sexual Misconduct – Conduct of a sexual nature by staff that is directed toward
offenders under the care, custody and supervision of the department.
Sexual
misconduct with offenders includes acts or attempt to commit acts of sexual contact,
sexual abuse, invasion of privacy, intimacy, or behavior for personal sexual gratification.
This includes, but is not limited to acts or attempts to commit such acts as:
A.
Having sexual contact and/or sexual intercourse with an offender which is in
violation of DOC policy and the policy of the Sixth Judicial District Department of
Correctional Services. It is also a criminal offense for staff to engage in sexual
contact and/or sexual intercourse with an offender.
B.
Requiring or allowing an offender to engage in sexual contact, sexual
intercourse, or other sexual conduct for any reason (e.g., the sexual gratification
of a staff member).
C.
Any action designed for sexual gratification of and by an offender or staff such
as masturbating in front of an offender.
D.
Making obscene or sexual advances, gestures, comments, or exposing one’s self,
to an offender or being receptive to any such advances, gestures, or comments
made by an offender toward a staff member.
E.
Touching of self in a sexually provocative way to solicit a response from an
offender.
F.
Viewing offenders in a manner which is not related to normal job duties and
interfering with an offender’s personal business without a reasonable need to do
so for the immediate safety and security of the offender, employee, or others
within the institution. This includes, but is not limited to, excessive staring.
G.
Initiating any form or type of communication of a sexual nature with an
offender.
H.
Receiving any form or type of communication of a sexual nature from an
offender and failing to report the communication immediately as designated by
institution and department policy.
I.
Influencing or making promises regarding, but not limited to, an offender’s
safety, custody, parole status, privacy, housing, privileges, work assignment, or
program status in exchange for sexual favors or because an offender refused to
submit to a sexual advance. This includes an exchange of anything of value
between staff and an offender. For example: putting money into or promising
to put money into an offender’s account or bringing in or promising to bring in
contraband for an offender in exchange for sexual favors.
POLICY NUMBER 2412-14
PAGE 3 OF 5
DEFINITION: (continued)
8.
Staff – As used in this policy refers to an employee, contractor, vendor, volunteer or
agent of the Department of Corrections.
9.
Victim Counselor – A person who is engaged in a crime victim center, is certified as a
counselor by the crime victim center, and is under the control of direct services
Supervisor of a crime victim center, whose primary purpose is the rendering of advice,
counseling, and assistance.
10.
Contact/Access – Staff who provide recurring services, the nature of which allows for a
substantive and ongoing interaction with the clients of the Sixth Judicial District
Department of Correctional Services.
11.
Zero Tolerance – All allegations or suspected acts of sexual misconduct or sexual
harassment by staff are reported to Sixth Judicial District Department of Correctional
Services designee in charge of investigations.
PROCEDURE:
1.
Duties of Staff:
A.
Staff adheres to all the procedures and guidelines of this policy and ensures their
conduct does not constitute or promote sexual misconduct nor in any other way
violates the provisions of this policy. District staff is required to obtain annual ELearning training on PREA standards. E-Learning training records stored by the
agency serve as documentation that the employee has successfully complied.
B.
Individuals from Contractual Agencies with on-going offender interaction,
Vendors, Student Interns and Volunteers are provided training during the
orientation process. Persons in this category sign the “PREA Acknowledgement
of Receipt” (2402A).
C.
It is mandatory that all allegations and incidents of sexual misconduct between
staff and offenders including sexual abuse, sexual contact, invasion of privacy
and intimacy by staff are immediately reported to the Sixth Judicial District
Department of Correctional Services designee in charge of investigations.
D.
Staff provides complete cooperation and does not interfere with the official
process of investigating sexual misconduct. This includes failure to report or
attempts to cover up an incident of sexual misconduct, allegation or statement
that a party or a witness knew could not have been true, or any form of failure
to cooperate with an investigation or inquiry. Failure to cooperate or failure to
report results in corrective action being taken, including discipline.
E.
Staff does not retaliate upon knowledge of sexual misconduct allegations.
F.
During admission to custody or supervision, offenders are informed about their
right to be free from sexual misconduct.
POLICY NUMBER 2412-14
PAGE 4 OF 5
PROCEDURE:
2.
3.
(continued)
G.
Reporting guidelines and procedures are explained during orientation and include
multiple reporting paths.
H.
Staff provides offenders the “Prevention of Sexual Misconduct, an Overview for
Offenders” (2412A) at orientation. Staff answers any questions offenders may
have regarding the policy and witness his/her signature on “Acknowledgement of
Receipt” (2412B). Staff records in ICON by using the following steps:
1.)
Click on Generic Notes Module;
2.)
Click on Note Category, choose “PREA”;
3.)
Enter Chrono “PREA Orientation/Completed and Signed Off”;
4.)
Click on Save.
Duties of Supervisory Staff:
A.
Upon receiving notification of an activity prohibited by this policy, Supervisors at
all levels within the District reports the alleged activity in a timely manner to the
District Director or designee. All reported conduct prohibited by this policy is
treated seriously.
B.
Ensure all offenders who report they have been sexually abused or assaulted are
appropriately referred to an appropriate health provider. The responsible
Supervisor also ensures that offenders receive appropriate psychological
evaluation, and recommended follow-up and ongoing support.
C.
Ensure adequate measures have been taken to provide separation between the
affected offender and staff during the investigation without punishing the
offender.
D.
Take appropriate action for substantiated staff misconduct.
E.
Document all actions taken.
Duties of the District Director:
A.
The District Director is responsible for ensuring that their policies, training and
culture address the issue of sexual misconduct.
B.
The District Director ensures offenders are provided with information about
behaviors that constitute sexual misconduct and retaliation, ensure that the
offender understands the process by which such incidents are reported and
investigated and ensure offenders understand consequences for making false
allegations.
C.
Pending the outcome of the investigation, the District Director ensures that
affected staff and offenders are separated through appropriate placement,
segregation, transfer or leave (including suspension) options.
POLICY NUMBER 2412-14
PAGE 5 OF 5
PROCEDURE:
4.
5.
(continued)
D.
The District Director notifies their regional Deputy Director in a timely manner of
serious incidents of alleged sexual misconduct and follows up with a written
critical incident report.
E.
Document all actions taken.
Duties of the Investigator:
A.
The offender is asked if a victim counselor is desired prior to the interview
beginning. The request is honored but, if necessary, the investigation can
proceed if there is an unavoidable delay in obtaining a victim counselor.
B.
Interviews are conducted in a thorough, professional, non-abusive, and nonthreatening manner consistent with acceptable practices for potentially
traumatized victims of sex crimes.
C.
Allegations, which include intercourse, sodomy, or physical force, require
consultation with medical services.
D.
In the event an offender makes an allegation of penetration against staff
member and the most recent act has occurred within the past forty-eight (48)
hours, the offender is immediately examined by a physician, not employed by
the Department, skilled and experienced in using a rape kit for collection of
forensic evidence.
E.
Psychological evaluation and counseling are available to offenders who are
victims of staff sexual misconduct until either or both the psychologist and the
victim are satisfied that sessions should be terminated.
F.
The investigative report indicates whether the evidence supports a finding that
misconduct has occurred, the allegations are false, or the evidence is
inconclusive.
G.
Document all actions taken.
Duties of Offenders:
A.
Offenders provide complete cooperation and do not interfere with the official
process of investigating sexual misconduct. This includes failure to report or
attempts to cover up an incident of sexual misconduct, allegation or statement
that a party or a witness knew could not have been true, or any form of failure
to cooperate with an investigation or inquiry. Failure to cooperate, failure to
report, or purposeful, malicious false statements may result in corrective action
being taken including discipline.
BY ORDER OF:
Bruce Vander Sanden, Director