Or. Admin. Code § 291-006-0075

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

Section 291-006-0075 - [Effective 1/27/2025] Improper Use of the Discrimination Complaint Review System

(1) An adult in custody improperly uses the discrimination complaint review system when they:

(a) Include language that is identified as posing a criminal threat;

(b) Repeatedly submit discrimination complaints, grievances, or appeals of either, that do not comply with the requirements set forth in these rules, including, but not limited to, multiple resubmissions of the same discrimination complaint or discrimination complaint appeal, multiple untimely discrimination complaints or discrimination complaint appeals, and multiple resubmissions of uncorrected discrimination complaints or discrimination complaint appeals;

(c) Submit discrimination complaints, grievances, or appeals of either, in excess of the allowed limitations set forth in OAR 291-006-0055.

(2) Administrative Action for Improper Use of the Discrimination Complaint Review System:

(a) If an adult in custody demonstrates a pattern of improper use of the discrimination complaint review system, the functional unit manager or designee will notify the adult in custody in writing that their actions are not in compliance with the department's rules on Discrimination Complaint Review System (OAR 291-006) or Grievance Review System (OAR 291-109). From the date of the notice, the adult in custody will have 35 calendar days to bring their discrimination complaint submissions into compliance with the rules or the adult in custody will be subject to restriction of their access to the discrimination complaint review and grievance review systems as specified in this rule.

(b) Adults in custody who continue to improperly use the discrimination complaint review system will be notified by the Inspector General or designee, in writing, that such actions are creating an administrative burden at the expense of legitimate complaints. From the date of this notification, due to their continued improper use of the discrimination complaint review system, the adult in custody will be limited to submitting no more than two active discrimination complaints or grievances at a time, excluding emergency grievances. Any discrimination complaints or grievances submitted that are not in compliance with this restriction will not be processed.

(c) Once the adult in custody has demonstrated compliance for 35 calendar days, the adult in custody may request removal of the administrative restriction by writing to the institution discrimination complaint coordinator or institution grievance coordinator who will forward the request to the Adult in Custody Complaint Review Committee (AICCRC) for review.

(d) An adult in custody's request for removal of the administrative restriction will be responded to by the Inspector General or designee upon review of the adult in custody's request and the recommendation of the Adult in Custody Complaint Review Committee (AICCRC) within 70 calendar days from the date the request was received. The administrative restriction will remain in effect until such time it is reviewed and removed by the Inspector General or designee.

(e) Administrative restrictions are not subject to review through the discrimination complaint review and grievance review systems.

(f) Records of active and inactive notifications of improper use of the discrimination complaint review system will be maintained by the institution discrimination complaint coordinator or institution grievance coordinator and will be enforced throughout the department, regardless of the adult in custody's facility.

Or. Admin. Code § 291-006-0075

DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 16-2024, temporary amend filed 07/18/2024, effective 8/1/2024 through 1/27/2025; DOC 28-2024, 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