Or. Admin. Code § 291-109-0220

Current through Register Vol. 64, No. 1, January 1, 2025

Section 291-109-0220 - Grievance and Grievance Appeal Submission Requirements

(1) An adult in custody who is unable to resolve a dispute with an employee, contractor, or volunteer of the Department of Corrections or Oregon Corrections Enterprises through informal communication, may seek resolution of their grievance through the department's internal grievance review system by submitting a written grievance to the institution grievance coordinator using a department-approved grievance form in accordance with these rules. As with informal communications, adults in custody shall use a civil and respectful tone and manner in their written grievances to attempt to resolve the problem or concern.

(a) Instructions for filing grievances and grievance appeals are found on the reverse side of the forms, or the adult in custody may contact the institution grievance coordinator or the law library for assistance.

(b) Functional unit managers or designees shall ensure the approved AIC grievance and grievance appeal forms are readily available to adults in custody in Department of Corrections facilities.

(2) An adult in custody must use their court name when submitting a grievance or grievance appeal, which must be entered in the designated "Name" portion of the form. A secondary name an adult in custody is known by may also be listed underneath their court name on the form by adding "aka" (or "also known as") before the additional name.

(3) Grievances and grievance appeals must be legible and written within the appropriate space provided. A grievance or grievance appeal may be up to three pages (single-sided) in length. An adult in custody must use a form for each page of the grievance or grievance appeal. Grievances and grievance appeals that are not legible or contain multiple sentences per line will be returned to the adult in custody for correction.

(4) An initial grievance must include a complete description of the incident, issue, or action being grieved, including date and time of the incident, issue, or action being grieved, and the individual responsible for the incident, issue, or action.

(5) An adult in custody may only submit supporting documentation if it directly relates to the incident or issue being grieved, such as program failures, AIC communications, etc. Any supporting documentation should be attached and submitted with the grievance and grievance appeals. An adult in custody may submit no more than five pages (single-sided) of supporting documentation per grievance or grievance appeal. Communication forms seeking a response should not be attached to a grievance and should be submitted separately.

(6) If an adult in custody cannot complete the grievance or grievance appeal form due to physical or mental impairments or language barriers, the adult in custody may contact the law library, institution grievance coordinator, or institution ADA coordinator to request assistance.

(7) An adult in custody may not write a grievance or grievance appeal for another adult in custody unless authorized by the institution grievance coordinator or institution ADA coordinator. However, the adult in custody submitting the grievance or grievance appeal must still sign the form(s).

(8) An adult in custody may submit only their signature on grievance or grievance appeal forms and all pages of the grievance or grievance appeal forms must be signed and dated.

(9) Grievance and grievance appeal forms with foreign substances or potential biological hazards on them will not be processed. They will be disposed of in accordance with the institution's procedure on biological hazards. If the adult in custody's name and state identification number (SID) is known, the institution grievance coordinator will notify the adult in custody of the actions taken.

(10) Grievance and grievance appeal forms containing sexually explicit, derogatory, or offensive artwork, drawings, or other sexually explicit material will be returned to the adult in custody for correction.

(11) Grievance and grievance appeal forms containing hostile, sexual, abusive, or threatening language or gestures towards or about another person will be returned to the adult in custody for correction.

Or. Admin. Code § 291-109-0220

DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 29-2024, amend filed 12/30/2024, effective 1/1/2025

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075