Or. Admin. Code § 291-109-0245

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-109-0245 - [Effective 1/27/2025] Sexual Abuse Grievances

(1) For purposes of this rule sexual abuse is defined as sexual abuse of an AIC by another AIC and sexual abuse of an AIC by a staff member.

(a) Sexual abuse of an AIC by another AIC includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse.

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

(D) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.

(b) Sexual abuse of an AIC by a DOC or OCE employee, contractor or volunteer of the department or OCE includes any of the following acts, with or without consent of the AIC, detainee, or resident:

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Contact between the mouth and any body part where a DOC or OCE employee, contractor, or volunteer of the department or OCE has the intent to abuse or arouse.

(D) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where a DOC or OCE employee, contractor, or volunteer of the department or OCE has the intent to abuse, arouse, or gratify sexual desire;

(E) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks that is unrelated to the official duties or where a DOC or OCE employee, contractor, or volunteer of the department or OCE has the intent to abuse, arouse or gratify sexual desire;

(F) Any attempt, threat, or request by a DOC or OCE employee, contractor, or volunteer of the department or OCE to engage in the activities descried by paragraphs (A) - (E) of this section;

(G) Any display by a DOC or OCE employee, contractor, or volunteer of the department or OCE of his or her uncovered genitalia, buttocks, or breast in the presence of an AIC, detainee, or resident, and

(H) Voyeurism by a DOC or OCE employee, contactor, or volunteer of the department or OCE. Voyeurism by a staff member, contractor or volunteer means an invasion of privacy of an AIC by staff for reasons unrelated to official duties, such as peering at an AIC who is using a toilet in his or her cell to perform bodily functions; requiring an AIC to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an AIC's naked body or of an AIC performing bodily functions.

(2) Grievances alleging sexual abuse must be submitted to the institution grievance coordinator on the departments approved AIC grievance form. The grievance should have the words "sexual abuse grievance" clearly written on the first line of the grievance form.

(3) There is no time limit on when an AIC may submit a grievance regarding an allegation of sexual abuse.

(4) Third parties, including fellow AICs, staff members, family members, attorneys, and outside advocates, shall be permitted to assist AICs in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file such requests on behalf of AICs.

(a) If a third party files such a request on behalf of an AIC, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on their behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.

(b) If the AIC declines to have the request processed on their behalf, the agency shall document the AIC's decision.

(5) The institution grievance coordinator may not refer a grievance alleging sexual abuse to a staff member who is the subject of the grievance. The institution grievance coordinator will coordinate with the appropriate manager by sending the grievance and a grievance response form to the manager respondent for reply.

(6) The department shall issue a final decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance.

(a) The department may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The department shall notify the AIC in writing of any such extension and provide a date by which a decision will be made.

(b) If the AIC does not receive a response within the time allotted for reply, including any properly noticed extension, the AIC may consider the absence of a response to be a denial of the allegations made by the AIC.

(7) An AIC who alleges that he or she is subject to a substantial risk of imminent sexual abuse may provide the grievance directly to the officer-in-charge (OIC) or the OIC's designee.

(a) After receiving an emergency grievance alleging an AIC is subject to a substantial risk of imminent sexual abuse, the OIC or the OIC's designee shall immediately review and take immediate corrective action as necessary to mitigate the risk of sexual abuse.

(b) The institution grievance coordinator will issue to the AIC a response to the sexual abuse grievance within five days of the submission of the emergency grievance.

(c) The response shall document the department's determination whether the AIC is in substantial risk of imminent sexual abuse and any action, if necessary, taken in response to the emergency grievance.

Or. Admin. Code § 291-109-0245

DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 15-2024, temporary amend filed 07/18/2024, effective 8/1/2024 through 1/27/2025

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075