Transcript Staff PREA Training

PRISON RAPE ELIMINATION ACT
(PREA)
42 U.S.C. § 15601
28 C.F.R. § 115
Nevada Department of Corrections
Staff PREA Training
3-25-2014
Objectives
• Zero Tolerance Policy
• Responsibilities
• Inmate’s rights to be free from sexual
abuse and sexual harassment
• Dynamics of sexual abuse and sexual
harassment in confinement
Objectives cont.
• Common reactions of sexual abuse and
sexual harassment victims.
• Detection and response to signs of abuse &
harassment.
• Staff – How to avoid inappropriate
relationships with inmates.
• LGBTI or Gender Non Conforming
sensitivity.
NDOC ZERO TOLERANCE POLICY *115.11 (A)
“The Department of Corrections has a Zero Tolerance
policy for any form of sexual misconduct to include
staff/contractor/or volunteer on inmate or inmate on
inmate sexual harassment, sexual assault, sexual
abusive contact and consensual sex.
NDOC ZERO TOLERANCE POLICY *115.11 (A)
Any staff member/contractor/volunteer who engages in, fails
to report, or knowingly condones sexual harassment or
sexual contact with or between inmates shall be subject to
disciplinary action and may be subject to criminal
prosecution.
The Department shall take a proactive approach regarding the
prevention, detection, response and punishment of any type
of sexual contact.”
STAFF
RESPONSIBILITIES
REPORTING
 All
staff are mandatory reporters
 Staff will report immediately for any of the
following
Knowledge, suspicion, or information
regarding an incident of sexual abuse or
sexual harassment.

This includes allegations of retaliation
against inmates or staff for reporting.

STAFF RESPONSIBILITIES AFTER RECEIVING AN
ALLEGATION
 Apart
from reporting to designated
supervisors or officials, staff shall not
reveal any information related to sexual
abuse report to anyone other than:
treatment
 investigation
 and other security and management decisions.

FIRST RESPONDER



First responders can be anyone.
Whomever an offender chooses to tell is the
first responder.
You have no control if the person reported to
is not within the agency.
RESPONSE

Stabilizes the situation:
for the victim
 for the facility

Supports the investigation by securing the scene, if
appropriate.
 Relaying important observations and information to the
investigator

HOW TO RESPOND
WITHIN 72 HOURS OF SEXUAL ABUSE
OCCURRING
When it is safe to do so separate alleged victim and
abuser
 Request the alleged victim & abuser not take any actions
that could destroy physical evidence.


Washing, brushing teeth, changing cloths, urinated, defecating
etc.

If not security staff, the responder shall request the above
and notify security.

Escort alleged victim to medical (will always be seen first
and separate from abuser)
FACILITY CRIME SCENE
Video and/or photograph the crime scene area.
 Identify staff who will touch and/or handle evidence.

IN THE EVENT OF A SEXUAL ASSAULT….
GLOVE UP!
CRIME SCENES
SOURCES OF DNA
Blood
 Saliva (skin cells)
 Sweat (skin cells) “touch
DNA”
 Hair Root
 Mucous
 Vaginal Fluid
 Semen
 Vomit
 Feces

PHYSICAL EVIDENCE TO COLLECT FROM THE
SCENE
Victim’s Underwear
 Victim’s Clothes
 Rug/floor covering
 Chair covering
 Towel
 Blanket and sheets
 Condom
 Tissue
 Other

WHAT ARE WE BAGGING?
HOW ARE WE BAGGING IT?
EVIDENCE HANDLING
Wet Items
Paper bag
Double bag if necessary
Transport to evidence locker
EVIDENCE HANDLING
Clothing
 Keep
articles of clothing separate.
 1 item per bag, not pair of socks.
 Have paper below each item as it is being bagged
to catch falling hair, lint or other evidence
 NEVER place the clothing of a victim in the
same container as those of the suspect or in the
washer!
EVIDENCE HANDLING
Weapons
 Take photos to record location of weapon(s)



If you must move them
Document why you moved a weapon if it was moved
before it was photographed.
Place in the proper container to ensure no one
is harmed removing it from the evidence vault.
OTHER SUPPORTIVE EVIDENCE


Letters or notes between suspect and victim.
Gifts, favors, excess commissary, extra
unexplained items, contraband.
INMATE’S RIGHTS TO BE FREE
FROM SEXUAL ABUSE AND SEXUAL
HARASSMENT
THE GOAL OF THE PREA LAW AND PREA
STANDARDS IS TO:
Prevent
 Detect
 Respond to sexual abuse in confinement
facilities

SEXUAL ABUSE AS DEFINED BY
U.S. ATTORNEY GENERAL FOR PREA STANDARDS
*As we move forward Sexual Abuse under the PREA
law is Sexual Assault (Rape).
**Substantiated cases will be referred to the Attorney
General for Sexual Assault - NRS 200.366
***This also means staff can be referred for sexual
assault when they get in a “sexual relationship” with an
inmate.
INMATE’S RIGHTS TO BE FREE FROM
SEXUAL ABUSE AND SEXUAL HARASSMENT
For too long incidents of sexual abuse against incarcerated
person have not been taken as seriously as sexual abuse
outside prison walls.
 In popular culture, prison rape is often the subject of jokes;
in public discourse, it has been at times dismissed by some
as an inevitable or even deserved consequence of criminality.


Sexual abuse is never a laughing matter, nor is it punishment
for a crime. Rather, it is a crime.

It is no more tolerable when its victims have committed
crimes of their own.
SEXUAL ABUSE OF AN INMATE
BY ANOTHER INMATE

Sexual abuse of an inmate, detainee, or resident by another
inmate, detainee, or resident 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:

Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight; contact between the mouth
and the penis, vulva, or anus; penetration of the anal or genital
opening of another person, however slight, by a hand, finger, object,
or other instrument; and 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.
SEXUAL ABUSE OF AN INMATE
BY A STAFF MEMBER, CONTRACTOR, OR VOLUNTEER

Sexual abuse of an inmate, detainee, or resident by a staff member,
contractor, or volunteer includes any of the following acts, with or without
consent of the inmate, detainee, or resident:

Contact between the penis and the vulva or the penis and the anus, including
penetration, however slight; contact between the mouth and the penis, vulva, or
anus; contact between the mouth and any body part where the staff member,
contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
SEXUAL ABUSE OF AN INMATE
BY A STAFF MEMBER, CONTRACTOR, OR VOLUNTEER, CONT.

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 the staff member, contractor, or volunteer has the intent to
abuse, arouse, or gratify sexual desire;

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 official duties or where the staff
member, contractor, or volunteer has the intent to abuse, arouse, or
gratify sexual desire;
Staff definitions continued to next slide.
SEXUAL ABUSE OF AN INMATE
BY A STAFF MEMBER, CONTRACTOR, OR VOLUNTEER, CONT.
 Any
attempt, threat, or request by a staff member,
contractor, or volunteer to engage in the activities
described in paragraphs (1)-(5) of this section;
 Any
display by a staff member, contractor, or
volunteer of his or her uncovered genitalia,
buttocks, or breast in the presence of an inmate,
detainee, or resident, and
SEXUAL ABUSE OF AN INMATE
BY A STAFF MEMBER, CONTRACTOR, OR VOLUNTEER, CONT.
Voyeurism by a staff member, contractor, or
volunteer means an invasion of privacy of an
inmate, detainee, or resident by staff for reasons
unrelated to official duties, such as peering at an
inmate who is using a toilet in his or her cell to
perform bodily functions; 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.
DEFINITION ON CONSENT
1
con·sent
 intransitive verb:
to agree to do or allow something :
to give permission for something to happen or be
done.
2
consent
 noun
: permission for something to happen or be
done: agreement about an opinion or about
something that will happen or be done
**http://www.merriam-webster.com/dictionary/consent

INMATES CAN NOT CONSENT TO STAFF – IF STAFF CROSS THE LINE
THEY ARE ALWAYS RESPONSIBLE FOR THEIR ACTIONS. STAFF HAVE
THE POWER AND CONTROL OVER ALL INMATES. REGARDLESS HOW
IT MAY HAVE STARTED.
SEXUAL HARASSMENT AS DEFINED BY
U.S. ATTORNEY GENERAL FOR PREA STANDARDS
 (1)
Repeated and unwelcome sexual advances,
requests for sexual favors, or verbal comments,
gestures, or actions of a derogatory or offensive
sexual nature by one inmate, detainee, or
resident directed toward another; and
SEXUAL HARASSMENT AS DEFINED BY
U.S. ATTORNEY GENERAL FOR PREA STANDARDS, CONT.
 (2)
Repeated verbal comments or gestures of a
sexual nature to an inmate, detainee, or resident
by a staff member, contractor, or volunteer,
including demeaning references to gender,
sexually suggestive or derogatory comments
about body or clothing, or obscene language or
gestures.
 * (1) by on inmate toward another includes
other inmates, STAFF, volunteers etc. AR707
- MJ50
COMMUNICATION AND PROFESSIONALISM
WITH
LGBTI OR GENDER NON CONFORMING
INMATES
A NOTE ON PERCEPTIONS…


“Perceived” status
Be aware of what “perceived” means.
Typically, the question refers to how outsiders
perceive another person’s sexual orientation,
gender identity, or gender expression (SOGIE)
and not how one perceives oneself.
SOGIE: SEXUAL ORIENTATION, GENDER IDENTITY
AND/OR
GENDER EXPRESSION



Sexual Orientation is about who you are emotionally, sexually or romantically
attracted to, whether you are lesbian, gay, bisexual, straight, asexual, other.
 Which is different from…
Gender Identity is about how a person sees themselves and understands their
own gender identity (a man, a woman, other).
Gender Expression is about how a person expresses their gender identity
through their manner of dress, speech, behavior and/or other physical
expressions of themselves (masculine, feminine, androgynous, other).
GENDER CONFORMING
Describes a person who expresses their gender in a
manner that is consistent with societal norms for
one’s gender (e.g., a person who was designated
“female” at birth, who identifies as a girl/woman,
and dresses in a way that society determines a
girl/woman should dress).
GENDER NON CONFORMING
Describes someone whose gender identity and/or
expression breaks societal norms (e.g., someone
who identifies as a girl/woman but wears clothing
typically assigned to boys/men).
Standards: Gender nonconforming means a
person whose appearance or manner does not
conform to traditional societal gender expectations.
BREAKING THE DEFINITIONS DOWN
 Lesbian
- A woman who is emotionally,
romantically and sexually attracted to other women.
 Gay
- A man who is emotionally, romantically and
sexually attracted to other men.
 Bisexual
- A man or woman who is emotionally,
romantically and sexually attracted to both men and
women.
BREAKING THE DEFINITIONS DOWN
CONT.

Straight (aka heterosexual) - A person who is
emotionally, romantically and sexually attracted to
another person who is of a different sex and/or gender.

Asexual - A person who is not sexually attracted to any
sex and/or gender.
BREAKING THE DEFINITIONS DOWN
CONT.

Transgender A person whose gender
identity and/or gender expression does
not match the sex and/or gender they
were assigned at birth.

Note: This is also an umbrella term for
identities such as transsexual, M to F, F
to M, Two-Spirit (Native American),
genderqueer, etc.
BREAKING THE DEFINITIONS DOWN CONT.
Which is different from…
Intersex A general term used for a variety of conditions in
which a person is born with a reproductive or sexual anatomy,
or chromosome pattern, that doesn’t seem to fit the typical
definitions of female or male.
•Note: Approximately 1 in 1500-2000 people are born
intersex.

**(See Intersex Society of North America and Advocates for Informed Choice)
CROSS GENDER SUPERVISION
AND ANNOUNCEMENT, WHAT IS
THAT?????
A staff member who is the opposite gender of
inmates they are supervising.
PREA STANDARD 115.15
Cross Gender
Announcement
Staff of the opposite
gender to announce their
presence when entering
an inmate housing unit.
PREA STANDARD 115.15
Cross Gender Supervision
No cross gender strip searches except in
exigent circumstances.
No cross gender pat or strip searches of
female inmate by male staff unless they
are medical staff or exigent
circumstances.
DYNAMICS, DETECTION & RESPONSE OF SEXUAL ABUSE
OR SEXUAL HARASSMENT IN CONFINEMENT
INMATE REPORTING
 Inmates can report a sexual assault/abuse, or sexual harassment by a staff
member or another inmate by any manner available to him/her, including
but not limited to:
 Verbally;
 Written form to include the utilization of the Emergency Grievance
Form, DOC-1564;
 Inmate request form, DOC-3012; and
 Informing family/friends
DYNAMICS OF INCARCERATION
women’s facilities, relationships and
loyalty tend to be valued highly.
 In
 Men’s
facility cultures value aggression and power.
 Some
see sexual aggression as a way to assert their
power and control over others.
 Being
victimized and seeking help often are viewed
as signs of weakness.
DYNAMICS OF SEXUAL HARASSMENT
May precede sexual abuse and is used to:





test a target
demean others
overtly or subtly intimidate
challenge new inmates/residents or staff
threaten inmates/residents or staff who are perceived to be
weaker
May be used
to move the alleged perpetrator
 to retaliate against the alleged perpetrator

DYNAMICS OF SEXUAL ABUSE
 Sexual Aggressors
look for means,
opportunity, and vulnerability, selecting
targets…
 who are least able to defend
themselves,
 who may be less believed or
believable, or
 who are disliked or ostracized.
PREA Review Panel Testimony by Dr. Robert Dumond, November 2006 available at:
http://www.ojp.usdoj.gov/reviewpanel/pdfs_nov06/test_dumond.pdf
AGGRESSORS
Aggressors typically employ one of several methods to control
victims:
 Force
(physical assaults or threats of harm)
 Entrapment or blackmail (for example,
requiring debts to be repaid with sex,
protection)
 Pressure tactics (persuasion, bribes, use of
alcohol and drugs)

REMEMBER THAT COERCION
 ≠
 CONSENT
PREVALENCE OF SEXUAL ABUSE IN
PRISONS
WHO IS GENERALLY TARGETED?

People who identify as LGBTI

People who are younger



People with Disabilities (includes mental health,
developmental/intellectual, physical)
People who are bi-racial or multi-racial
People who have been victims of previous sexual
abuse
WHO MAY BE A SEXUAL ABUSER/AGGRESSOR
 Inmates who may have aggressive behavior
 Inmates who may be sexually compulsive
 Convicted of violent crimes
 Repeat / long-term offenders who are familiar with prison
culture
 Sexual predatory behavior in the community or history of
sexual predatory behavior in prison.
COMMON PLACES WHERE SEXUAL VIOLENCE
OCCURS
Isolated Areas
 Showers, dark corners in dorms, kitchen and work areas
Areas with less supervision
Multi-person Housing
Cells where offenders are double-bunked
SEXUAL “HORSEPLAY”
Touching a man or woman’s body in a
non-violent (but uninvited and
unwanted) manner is also a relatively
mild form of victimization – sexual
abuse.
MALE SEXUAL AGGRESSOR
o
Sexual aggressors generally identify as heterosexual
o
Aggressors groom and take time on “their” investment
in the victim. They will at some point, want a return on
that investment.
o
If the investment is protection against other offenders,
the return may be in the form of sex (wife) to the
aggressor and may eventually be pimped out to pay the
aggressors debts to others.
PROTECTIVE PAIRING

Protective Pairing or ‘HOOKING UP’ – an offender may
trade sex for protection


Does this constitute CONSENT?
Does his/her survival depend on it?
Would the individual behave in this manner
in the ‘free world’?
DIFFERENCES BETWEEN INCARCERATED
WOMEN AND MEN
Men and women cope with imprisonment
different.
 Women
tend to form family structures in an
effort to recreate the roles normally seen in
society.
 Men
tend to isolate themselves from others and
are more aggressive.
PATHWAYS FOR WOMEN
 Women
in custody are 3 times more likely to have a
history of abuse than men in custody.
 Women
in custody have rates of abuse that are 6-10x
higher than women in the community.
 Women
with an abuse history are more likely than
women with no prior abuse to be incarcerated for a
violent offense (42% versus 25%).
SEXUAL ABUSE IN FEMALE FACILITIES
INCLUDE:
defined as “love” or as a commodity
 Boundary issues
 Challenges in defining domestic violence
 Fears about disclosure and reporting
 PTSD and re-traumatization
 Crisis and long-term treatment issue
 Sex
THREE PREDOMINATE DYNAMICS
AMONG INCARCERATED FEMALES
“Prison Family”: can be sexual or non-sexual
Women take on different roles i.e. husband, wife, child etc,
One-on-One : Gay for the stay
More often than not they become problematic
Close friendships with deep attachments: Not involved
sexually
Can be confusing because their physical actions may include
holding hands and hugging
SEXUAL VIOLENCE
BETWEEN FEMALE INMATES
 Almost
always grounded in personal relationships
 Most
forced sex takes place within a seemingly consensual
sexual relationship
 Sexual Assaults
 Sexual
can and do occur between female inmates
pressuring or assault occurs when a woman is asked
repeatedly to become involved romantically or sexually with
another inmate and they are not willing to engage.
COMMON REACTIONS TO SEXUAL ABUSE
AND
SEXUAL HARASSMENT
(VICTIMS)
IMPACT OF SEXUAL ABUSE
Incidents of sexual abuse are destructive, catastrophic, life-changing events.
While each victim responds uniquely, victims are likely to experience
problems that are:
 physical
 emotional
 cognitive
 psychological
 Social
 Sexual
*SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado
Department of Public Safety, Division of Criminal Justice, Office of Research & Statistics.
BE AWARE OF REASONS VICTIM REPORTING IS OFTEN DELAYED
 Fear,

guilt, shame.
Assumption of agency disbelief.
 Expectations
that they will be placed in protective
custody, segregation, or transferred.
of being labeled a “homo” or “punk” or
“snitch.”
 Fear
SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado Department of
Public Safety, Division of Criminal Justice, Office of Research & Statistics.
BE AWARE OF REASONS VICTIM REPORTING IS OFTEN DELAYED
 Fear
of further victimization.
 Idea
that inmates/residents cannot be
“real” victims or that inmate/resident
victims deserve their fate..
Do NOT make assumptions around a report’s validity
exclusively based on how long ago the alleged incident
occurred or the reasons an alleged victim gives for
delaying the report.
WHAT YOU MAY SEE FROM THE VICTIM WITHIN HOURS OF ABUSE:
o
Being very expressive:
o Appearing hysterical and/or verbalizing
feelings of sadness or anger.
o Displaying a range of feelings, including
crying, sobbing, smiling, restlessness,
tenseness, & joking.
o Appearing distraught or anxious; expressing
rage or hostility against those attempting to
care for them.
WHAT YOU MAY SEE FROM THE VICTIM WITHIN HOURS OF ABUSE:
o
Remaining controlled, numb, in shock &
disbelief:
o Masking or hiding feelings behind a calm,
composed, or subdued effect.
o Presenting themselves in a flat affect, quiet,
reserved manner.
o Having difficulties expressing themselves.
*SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado Department of
Public Safety, Division of Criminal Justice, Office of Research & Statistics.
WHAT YOU MAY SEE FROM THE VICTIM –
SHORT-TERM
 Phobias
- preoccupation with personal
safety, reluctance to leave room/home, fear
of being alone, withdrawal from activities
or relationships
 Mood swings - happy to angry, anxiety,
sense of helplessness, irritability or
outburst of anger, difficulty concentrating,
crying frequently hyper vigilance,
exaggerated startle reactions.
WHAT YOU MAY SEE FROM THE VICTIM –
SHORT-TERM, CONT.
 Denial
- efforts to deny abuse took place
and/or minimize impact, avoiding thoughts
or activities associated with trauma.
 Hesitation - in forming new relationships.
 Flashbacks - intense psychological or
physiological distress at exposure to cues
associated with the traumatic event.
*SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado
Department of Public Safety, Division of Criminal Justice, Office of Research & Statistics.
VICTIMS MAY NEGATIVELY COPE WITH THEIR
VICTIMIZATION IN THE LONG-TERM BY:
 Dulling
their senses with substances.
 Acting
out their pain by re-victimizing others within the
correctional institution or in the community.
 Being
self-destructive.
 Displaying
anger towards the offender, legal system,
family/friends.
 Displaying
hyper vigilance to danger.
SOURCES: Dumond & Dumond, 2002; Lockwood, Daniel. (1980). Prison Sexual Violence. New York: Elsevia/Thomond Books and Wooden, WS & Parker, J. (1982). Men behind bars: Sexual exploitation in prison. New York: Plenum Press.
VICTIMS MAY NEGATIVELY COPE WITH THEIR
VICTIMIZATION IN THE LONG-TERM BY: CONT.
 Being
fearful of new & risky situations.
 Experience
sexual dysfunction, engaging in
sexual behavior, but with decreased or increased
enjoyment and arousal.
 Engaging
in sexually promiscuous and/or
aggressive behavior.

Remember – you may encounter victims at all stages
depending on when they came forward to report the
abuse!
INCARCERATED SEXUAL ABUSE VICTIMS
May experience repetitive assaults by multiple assailants
over a period of time.
 This may lead to:
Ongoing physical and psychological trauma,
 A more debilitating form of PTSD


Incarcerated victims may also experience:
A loss of social status, and
 Increased vulnerability within the jail or prison


Additional feelings of betrayal, alienation and violation,
which increases pain and suffering in cases of staff
sexual misconduct.
MALE SEXUAL ASSAULT
•
Dynamics are no different than sexual assault of women.
• They have little to do with sex, and everything to do with
power.
• A straight inmate who is raped may be more ready to blame
himself and think that the fact that he “didn’t” prevent his
assault meant that he secretly wanted it.
IMPACT OF SEXUAL ABUSE - MEN

May experience erection and orgasm during anal rape
due to the pressure on the prostate, which compounds the
trauma and exacerbates self-blame.

Often experience concern about their masculinity,
competence and security, which increases their
humiliation and suffering.

Often manifest a more “controlled” response, which may
lead authorities to conclude the events did not occur or to
minimize its impact.
SOURCE: A Guide to An Effective Medical Response to Prisoner Sexual Violence {Monograph for Colorado Department of
Public Safety – Dumond & Dumond, 2007}
IMPACT OF SEXUAL ABUSE - WOMEN
 Have a much higher rate of physical and sexual
victimization during
childhood, adolescence and prior to their incarceration, resulting in
increased vulnerability to PTSD.
 Have histories of abuse and submission reinforce feelings of inadequacy,
despair and unworthiness.
 May experience compounded expectations of betrayal and anger resulting
from incest victimization during childhood in cases of staff sexual
misconduct.
SOURCE: Dumond, R.W. & Dumond, D.A. (2007a). Managing prison sexual violence: A guide to effective victim services. Building Blocks for Institutional Safety. Denver, CO: Colorado Department of Public
Safety, Division of Criminal Justice, Office of Research & Statistics.
SEXUAL ABUSE BY MALE STAFF

Sexual abuse/misconduct offenses against female inmates may include,
but not limited to:

Sexual Assault/Rape

Groping

Violating privacy of female inmates when not part of official duties such as;
when inmates are showering or watching them undress.

Commenting on physical appearance/sexual harassment.
AVOIDING INAPPROPRIATE
RELATIONSHIP’S WITH INMATES
IF THEY GO BY A NUMBER AND WEAR BLUE
THEY ARE NOT CUTE.
 It
is against the law and/or Department regulations for
Staff to have sex and/or a relationship with an inmate,
whether they are incarcerated, on parole/residential
confinement (house arrest).
 Suggest
not entering in a relationship with an ex-felon.
HOW STAFF SEXUAL MISCONDUCT WITH
OFFENDERS AFFECTS OUR AGENCY

Jeopardizes staff safety

Threatens the facility safety and security

Creates a risk of legal action - criminally and
civilly

Creates health risks

Harms family relationships

Creates negative public views of corrections
SEXUALIZED WORK ENVIRONMENT
 Staff/staff
relationships unprofessional
 Staff/offender
relationships - cross
boundaries
 Staff
off-duty conduct impacts work
 Everything
comes back to “sex”
CODE OF SILENCE
Definition:
 An informal institutional or organizational
culture that says members of the group will not
inform on or give evidence or testimony against
other members of the group, even though actions
of the other members may involve breaches of
policy or even the criminal law.
Also referred to as the “Code of Blue.”
CODE OF SILENCE:
IS IT PART OF YOUR AGENCY’S CULTURE??
46% of experienced officers witnessed
misconduct, but concealed it. Why?
 I would be ostracized
 Officer
who committed misconduct would be
fired
I
would be fired
I
would be “blackballed”
 Administration
wouldn’t do anything
STAFF OFFENDERS:
ALWAYS AN UNEQUAL RELATIONSHIP
 Staff
control the lives, freedom and safety of the
offenders under their supervision
 Staff can place offenders at risk with other
offenders, can write disciplinary infractions, can
compromise safety
 Staff and offenders can NEVER be in an equal
relationship
 It is a ‘strict liability’ issue
 Consent
is Never an Excuse
WHAT STAFF DID BY CROSSING THE LINE
Abused
their roles
Betrayed
the basic tenets of our
profession

Broke the law
AVOIDING INAPPROPRIATE
STAFF/INMATE RELATIONSHIPS
Inappropriate staff/inmate relationships can be avoided by
maintaining a professional demeanor.

Maintain professional distance

Focus behavior on duties and assignments

Do not become overly familiar with any particular inmate
AVOIDING INAPPROPRIATE
STAFF/INMATE RELATIONSHIPS, CONT.
 Do
not share personal information
 Do
not accept gifts or favors from inmates
 Be
knowledgeable of the department’s policy
and procedure, code of conduct, and facility
rules and regulations
EXAMPLES OF OVER-FAMILIARITY
 Showing
favoritism
 Having
personal discussions with inmates
unless it is part of the staff member’s
responsibilities, such as clinicians and
counselors
 Being
overly defensive of an inmate’s
conduct
 Being
overly sympathetic
EXAMPLES OF OVER-FAMILIARITY
 Relaxing
rules for certain inmates
 Repeated
staring, comments, or
propositions of a sexual nature
 Conversations
filled with sexual
suggestions or double meanings
 Demands
for acts of a sexual nature
INDICATORS THAT AN OVERLY FAMILIAR
RELATIONSHIP MAY BE DEVELOPING
 Isolation
from fellow staff.
 Allowing
offenders in an unauthorized area or
repeatedly out of their assigned area.
 Spending
an excessive amount of time with an
offender.
 Accepting
personal telephone calls or associating on a
personal basis with offenders or their families unless it
is an expectation of the staff member’s job
responsibilities.
INDICATORS THAT AN OVERLY FAMILIAR
RELATIONSHIP MAY BE DEVELOPING
 Drastic
behavior changes on the part of an
offender or staff (i.e., dress, makeup, and hair).
 Staff
sharing food or snacks with offenders.
 Believing
an offender is indispensable (he/she is
the only one who can do this job).
 Staff
can treat offenders with respect and
concern without becoming overly familiar
and may gain more respect from offenders as
a result.
YOUR RESPONSIBILITIES

Recognize appropriate interactions between inmates

Know where to draw the line with your interactions
physically and emotionally

Maintain your professional boundaries at all times
Additional Consequences
All terminations for violations of agency
sexual abuse or sexual harassment policies, or
resignations by staff who would have been
terminated if not for their resignation, shall be
reported to law enforcement agencies, unless
the activity was clearly not criminal, and to any
relevant licensing bodies.
ADDITIONAL CONSEQUENCES CONT.
 Any individual who applies at any Department of Corrections/jail etc. and
had worked previously in a confinement setting will receive an additional
background check conducted regarding PREA allegations they may have
had to include resignation during investigation.
 NDOC has shared and received information, those staff have been
rejected from or not accepted for employment.
 Nursing licensing board is also being notified when a nurse resigns or is
terminated regardless how much “involvement”. Inmates are considered
patients.
PAT AND UNCLOTHED BODY SEARCHES OF
TRANSGENDER INMATES
Pat Search

Top (breasts) must be conducted by using blade of
hand.


The same policy as Female inmates
You will receive training on how to conduct this
type of search by custody during search and
seizure.
PAT AND UNCLOTHED BODY SEARCHES OF
TRANSGENDER INMATES
Unclothed

In the least intrusive
manner as possible,
consistent with
security needs
Always be professional!
QUESTIONS AND ANSWERS
(AKA Q & A)
SUMMARY

NDOC has a Zero tolerance for any Sexual Abuse or
Harassment.

Inmate have rights to be free from sexual abuse and
sexual harassment

All allegations of inmate sexual abuse and staff
sexual abuse/harassment will be investigated.

Staff and inmates have the right to be free of
retaliation when they file a report.
IF YOU HAVE ADDITIONAL QUESTIONS
OR WISH TO FILE A REPORT
Contact:
Office of the Inspector General
PREA Management
Deborah Striplin, PREA Program Officer
775-887-3142
775-687-6117[fax]
[email protected]