W. Va. Code R. § 90-9-2

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 90-9-2 - Definitions

2.1 "Accept" shall mean the act of formally receiving the grievance for a review of the grievance on the merits.

2.2 "Commissioner" shall mean the Commissioner of Corrections. Any task to be completed by the Commissioner herein may be completed by his/her designee.

2.3 "Days" shall mean working days exclusive of weekends or state holidays.

2.4 "Exhaustion" shall mean submitting an accepted grievance and properly appealing an accepted grievance fully and receiving a final response thereto by the Commissioner. Rejections do not constitute exhaustion. Remands are not final responses unless expressly stated in the decision.

2.5"Grievance" shall mean the formal process by which an inmate seeks redress over any matter concerning prison life, whether it involves general circumstances or particular episodes. The term "grievance" shall be considered the administrative remedy for prisoners unless this policy specifically sets forth another administrative procedure.

2.6 "Grievance Number" shall be a number affixed at the inmate's place of incarceration or point of receiving the grievance which shall be set by a two digit number for the year in which the grievance is filed (ex. 07) separated by a hyphen, the second part of the number shall be the facility designation which are the following:

ACC Anthony Correctional Center

BCC Beckley Correctional Center

CWRC Charleston Work Release Center

DCC Denmar Correctional Center

HCC Huttonsville Correctional Center

HWC Huttonsville Work Camp

HWRC Huntington Work Release Center

LCC Lakin Correctional Center

MCC Martinsburg Correctional Center

MDC McDowell / Stevens Correctional Center

MOCC Mount Olive Correctional Complex

NCC Northern Correctional Center

OCC Ohio County Correctional Center

PBCC Parkersburg Correctional Center

PCC Pruntytown Correctional Center

SCC Salem Correctional Center

SMCC St. Marys Correctional Center

SWC Slayton Work Camp

After the facility designation and a hyphen, the facility shall assign a distinct sequential number which shall be utilized for tracking the grievance and for reference. The number shall be set forth by the inmates unit designation and a sequential number separated by a hyphen. For tracking the Unit Manager of each unit shall maintain a log of grievances. The log shall conform to attachment 2 and sequential numbers shall be assigned from the beginning of each calendar year.

2.7. "Inmate" shall mean an inmate either presently at the facility or having previously been incarcerated at the facility.

2.8. "Investigate" refers to a process, whether formal or informal, by which information necessary to compile a response is provided. It can be as simple as a verbal inquiry or can involve a more detailed investigation.

2.9. "Ordinary administrative remedy" shall mean a formal administrative process by which an inmate submits a grievance seeking redress or presenting concerns regarding any general or particular aspect of prison life which does not involve violence, sexual assault or sexual abuse against an inmate. An ordinary administrative remedy includes, but is not limited to, complaints concerning food quality, health care, appeals of prison discipline, physical plant, classification, staff treatment or some other alleged wrong.

2.10. "Reject" shall mean a refusal to review a grievance on the merits due to a failure of the inmate to follow the procedural requirements for filing such grievance. Except in cases filed under Section 7 of this Rule, grounds for rejection shall include but not be limited to failure to file the grievance in a timely manner; filing a grievance on a matter that has been previously submitted in a prior grievance; attaching excessive pages; submitting writing on multiple sides of a page; submitting a grievance appeal out of conformity with this policy (for example; including more than one grievance in a mailing) or any other matter that would be out at variance with this policy.

2.11. "Remand" means to return a grievance to a lower level for further action. When a grievance is remanded, unless the decision specifies otherwise, it is expected that a new decision will be issued at the level to which the grievance is remanded and the process continues at that level in the same manner as if it were originally filed/appealed to that level. Unless other times are specified action on a remand shall occur within 10 days of its receipt.

2.12. Sexual Abuse:

2.12.1. Inmate-on-inmate sexual abuse: Encompasses all incidents of inmate-on-inmate sexually abusive contact and inmate-on-inmate sexually abusive penetration.

2.12.1.a. Inmate-on-inmate sexually abusive contact: Non-penetrative touching (either directly or through the clothing) of the genitalia, anus, groin, breast, inner thigh, or buttocks without penetration by an inmate of another inmate without the latter's consent, or of an inmate who is coerced into sexual contact by threats of violence, or of an inmate who is unable to consent or refuse.

2.12.1.b. Inmate-on-inmate sexually abusive penetration: Penetration by an inmate of another inmate without the latter's consent, or of an inmate who is coerced into sexually abusive penetration by threats of violence, or of an inmate who is unable to consent or refuse. The sexual acts included are:

2.12.1.b.1. Contact between the penis and the vagina or the anus;

2.12.1.b.2. Contact between the mouth and the penis, vagina, or anus; or

2.12.1.b.3. Penetration of the anal or genital opening of another person by a hand, finger, or other object.

2.12.2. Inmate-on-inmate sexual harassment: Repeated and unwelcome sexual advances, requests for sexual favors, verbal comments, or gestures or actions of a derogatory or offensive sexual nature by one inmate directed toward another.

2.12.3. Staff-on-inmate sexual abuse: Encompasses all occurrences of staff-on-inmate sexually abusive contact, staff-on-inmate sexually abusive penetration, staff-on-inmate indecent exposure, and staff-on-inmate voyeurism. Staff solicitations of inmates to engage in sexual contact or penetration constitute attempted staff-on-inmate sexual abuse.

2.12.3.a. Staff-on-inmate sexually abusive contact: Non-penetrative touching (either directly or through the clothing) of the genitalia, anus, groin, breast, inner thigh, or buttocks by a staff member of an inmate with or without the latter's consent that is unrelated to official duties.

2.12.3.b. Staff-on-inmate sexually abusive penetration: Penetration by a staff member of an inmate with or without the latter's consent. The sexual acts included are:

2.12.3.b.1. Contact between the penis and the vagina or the anus;

2.12.3.b.2. Contact between the mouth and the penis, vagina, or anus; or

2.12.3.b.3. Penetration of the anal or genital opening of another person by a hand, finger, or other object.

2.12.3.c. Staff-on-inmate indecent exposure: The display by a staff member of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate.

2.12.3.d. Staff-on-inmate voyeurism: An invasion of an inmate's privacy by staff for reasons unrelated to official duties or when otherwise not necessary for safety and security reasons, such as peering at an inmate who is using a toilet in his or her cell; requiring an inmate to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an inmate's naked body or of an inmate performing bodily functions and distributing or publishing them.

2.12.4. Staff-on-inmate sexual harassment: Repeated verbal comments or gestures of a sexual nature to an inmate by a staff member. Such statements include demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

2.13. "Unit Manager" shall refer to the Unit Manager of the housing unit to which the inmate is assigned. In any housing unit that does not have a Unit Manager, the person occupying the position of Unit Manager for purposes of this policy shall be the commanding officer of such unit.

2.14. "Warden/Administrator" shall refer to the Chief executive officers of the facility in which the inmate is confined and shall also include work release administrators. All tasks designated to a Warden/Administrator in this policy may be completed by a designee.

W. Va. Code R. § 90-9-2