S241- Prevention of inmate sexual abuse/harassment Flashcards
S241-
Prevention of inmate sexual abuse/harassment
To strengthen and better enforce the Department’s zero tolerance policy for any sexual conduct in accordance with the Prison Rape Elimination Act (PREA) of 2003
Purpose
: an allegation that was investigated and the investigation determined that the event did not occur.
Unfounded Allegation
an oral, written or electronic statement that sexual abuse/harassment has occurred or might occur that is provided to a staff member or outside agency.
Allegation:
an allegation that was investigated and the investigation determined that the event occurred.
Substantiated Allegation:
an allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether the event occurred.
Unsubstantiated allegations:
an investigator’s process of conducting interviews and weighing the evidence to determine the truthfulness of victim, witness and suspect statements.
Credibility Assessment:
any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility.
Exigent Circumstances:
a person’s expression of their gender identity including appearance, dress, mannerisms, speech and social interactions.
Gender Expression:
a person’s internal, deeply felt sense of being male or female, regardless of the person’s sex at birth.
Gender Identity:
a person whose gender identity and/or expression do not conform to gender stereotypes generally associated with their biological sex.
Gender Nonconforming:
acronym meaning lesbian, gay, bi-sexual, transgender and intersex
LGBTI:
a condition usually present at birth that involves reproductive, genetic, or sexual anatomy that does not seem to fit the typical definitions of female or male.
Intersex:
a criterion limiting access of certain information to individuals who require the information to make decisions or take action with regard to an inmate’s safety or treatment or to the investigative process.
Need to know:
an administrative status whereby a staff member is prohibited from assignment to any duties which would involve physical proximity to, or verbal/written communication with, an inmate.
No Inmate Contact:
the manager designated to monitor agency compliance.
PREA Coordinator:
the manager at each facility designated to monitor policy implementation.
PREA Compliance Managers:
an inmate either convicted of sexual abuse/harassment
Predator:
individuals appointed by the institution Superintendents and responsible for conducting assessments of Department responses to allegations of sexual abuse/harassment.
PREA Review Committee:
the subjection of another person, who is incapable of giving consent by reason of his/her custodial status, to sexual contact in any degree by persuasion, inducement, enticement, or forcible compulsion.
Sexual Abuse:
any touching (either directly or through the clothing) of the genitalia, anus, groin, breast, inner thigh, or buttocks that is unrelated to official duties, or penetration of the anal or genital opening of another person by a hand, finger or other object. This term shall include, but not be limited to, carnal knowledge, oral sodomy, and sexual assault with an object, sexual fondling or molestation of a person, rape, or sexual exploitation (e.g. prostitution).
Sexual Contact:
repeated and unwelcome sexual advances or requests for sexual favors, as well as verbal comments or gestures of a sexual nature, including demeaning reference to gender, sexually suggestive derogatory comments about body or clothing, or obscene language or gestures, verbal comments, or gestures or actions of a derogatory or offensive sexual nature.
Sexual Harassment:
the display of uncovered genitalia, buttocks, or breast(s) in the presence of an inmate.
Indecent Exposure:
an invasion of the inmate’s privacy (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 the toilet, requiring an inmate to expose their buttock, genitals, or breast, or taking images of all or part of an inmates naked body or of an inmate performing bodily functions and distributing or publishing them.
Voyeurism:
any employee, contractor, intern or volunteer of the Department
Staff:
contact (either directly or through clothing) with the genitalia, anus, groin, breast, inner thigh, mouth or buttocks with intent to arouse or gratify the sexual desire of any person.
Sexual Relations:
a term describing persons whose gender identity and/or expression do not conform to the gender roles assigned them at birth.
Transgender:
a person who has received education concerning sexual abuse and forensic examination issues in general and has been screened for appropriateness to serve in this role
Victim Advocate:
The Department has a __________ policy for sexual abuse/harassment of inmates.
zero tolerance
The Department has a _______policy for discrimination or mistreatment of inmates on the basis of _________ or ___________
zero tolerance
sexual orientation or gender identity
The Department shall appoint a PREA _________ and PREA _____________ for each housing facility
Coordinator
Compliance Managers
The Shift Commander will immediately notify the ___________ or ___________ of any allegations of sexual abuse/harassment
Superintendent or duty officer
Violations of this policy by staff will result in disciplinary action, up to and including _________
termination
Termination will be the __________ disciplinary sanction for staff involved in sexual abuse of inmates
presumptive
Inmates _________ consent to sex
cannot
The Department shall not conduct cross-gender strip searches or cross-gender body cavity searches except in _________ or when performed by medical practitioners
exigent circumstances