Or. Admin. Code § 291-109-0110
Current through Register Vol. 63, No. 11, November 1, 2024
Section 291-109-0110 - Definitions(1) Active Complaint: An active grievance, discrimination complaint, or appeal of either, that is awaiting a response or is within the available timelines for appeal or return for correction. (2) Adult in Custody (AIC): A person incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.(3) Adult in Custody Complaint Review Committee (AICCRC): A multi-disciplinary team chaired by the Statewide Grievance and Discrimination Complaint Coordinator designated by the Inspector General and made up of institution grievance coordinators, discrimination complaint coordinators, and department subject matter experts.(4) Communication: A process by which information is exchanged between individuals, usually through verbal or written message.(5) Communication Form: An official Department of Corrections form commonly referred to as a "kyte" or "kite." The form is designed for AIC use in communicating with DOC employees, volunteers, or contractors and allows employees, volunteers, or contractors to respond in writing, when appropriate, to the AIC.(6) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public-sector agencies who is serving under any department-sanctioned special assignment to provide services or support to department programs.(7) Court Name: The AIC name as established and used by the Oregon Department of Corrections for use on the AIC's case file, identification card, medical file, etc., based on the name provided in the first judgment in the custody cycle sentencing an AIC to the Oregon Department of Corrections custody.(8) Department of Corrections (DOC) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.(9) Discrimination Complaint: A written complaint submitted by an AIC pursuant to the Department's Rules on the Discrimination Complaint Review System (OAR 291-006).(10) Directive: A term generally used to describe a Department of Corrections administrative rule or policy signed by the Director or designee.(11) Emergency Grievance: A grievance alleging actual or significant risk of immediate physical harm.(12) Functional Unit Manager: Any person within the Department of Corrections who reports either to the Director, Deputy Director, an Assistant Director, or an administrator, and who has responsibility for the delivery of program services or the coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.(13) Grievance: A written complaint submitted by an AIC pursuant to these rules (OAR 291-109).(14) Inspector General's Hotline: A phone number, maintained and paid for by the department, where AICs may report misconduct by other AICs and abuse of lawful authority or criminal activity of department staff in order to protect the life, health, and safety of both staff and AICs.(15) Institution Grievance Coordinator: The functional unit staff member responsible for communicating directly with the AIC about grievance related matters. (16) Institution AIC ADA Coordinator: DOC employee(s) at each institution or facility assigned to coordinate efforts to comply with and carry out responsibilities under the Americans with Disabilities Act with regards to AICs, and to respond to AIC ADA grievances.(17) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization. (18) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises.(19) Sexual Harassment: Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one AIC directed toward another: and repeated verbal comments or gestures of a sexual nature to an AIC by a staff member, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.(20) Statewide Grievance and Discrimination Complaint Coordinator: An employee designated by the Inspector General to chair the AICCRC and provide statewide program oversight, coordination, and direction to DOC facility grievance/discrimination complaint coordinators and DOC staff, managers, and administrators relating to the AIC grievance and discrimination complaint programs.(21) Vendor: A person or company contracted to provide services directly for sale to AICs through the department, for example: companies providing telephone services. (22) Volunteer: A person who, with prior approval from the department, donates time, knowledge, skills, and effort to enhance the mission, activities, and programs of the department.Or. Admin. Code § 291-109-0110
CD 3-1979, f. 1-18-79, ef. 1-25-79; CD 34-1981(Temp), f. & ef. 8-7-81; CD 5-1982, f. & ef. 1-29-82; CD 39-1983(Temp), f. & ef. 10-14-83; CD 6-1984, f. & ef. 4-9-84; CD 53-1985, f. & ef. 8-16-85; CD 56-1986, f. & ef. 12-5-86; CD 13-1992, f. 6-15-92, cert. ef. 6-26-92; DOC 29-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 17-2000, f. & cert. ef. 6-19-00; Renumbered from 291-109-0010, DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03; DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11; DOC 16-2019, amend filed 10/18/2019, effective 10/18/2019Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075