3Learning Objectives1. Identify “Red Flags” of Staff Sexual Misconduct / Over Familiarity2. Learn strategies that have emerged since inception of PREA to address Staff Sexual Misconduct3. Identify three ways PREA is designed to raise awareness4. Know what to do if you have information or suspicion regarding any Staff Sexual Misconduct
4New Employee Orientation " Over familiarity " means conduct between a staff member and an offender which has or is likely to result in intimacy or a close personal association, or conduct that is contrary to the good order of the institution or facility.Staff sexual misconduct with offenders is a challenging issue in corrections, however, with policy and training in place and a zero tolerance enforcement we as professionals should begin to see less of this behavior. Or at least recognize it when we see it and know exactly what to do… report it! Sexual Misconduct is felony in 48 out of 50 states, it compromises facility security and creates work environments that are negative for both staff and offenders.Allegations are disturbing and divisive for employees and the public. Staff sexual misconduct may be a random incident involving a “bad apple” employee, or it may be indicative of a breakdown of the facilities management and operational systems. Yet,how does an administrator know? What are the strategies to prevent misconduct as well as effectively investigate allegations?Class discussion:
5"Code of Ethics"Prohibits staff from abusing their power or establishing any form of a personal relationship with an offender.Staff also are required to sign that they have read the rules of conduct and sexual misconduct. Any violation of policies can be grounds for disciplinary action, up to including dismissal.Staff must sign a “Code of Ethics.” This code prohibits staff from abusing their power or establishing any form of a personal relationship with an inmate. Staff also are required to sign that they have read the rules of conduct and the internal policies, statutes, and administrative rules related to undue familiarity, trafficking of contraband, and sexual misconduct. Any violation of policies can be grounds for disciplinary action, including dismissal.
6Staff Sexual Misconduct: AD-PR-33 Iowa DOC has Zero Tolerance for Sexual Misconduct/Harassment/AssaultIt is the policy of the IDOC to prohibit all employees, volunteers, visitors and contractors from engaging in sexual misconduct with offenders. The potential abuse of power inherent in staff-offender relationships is at the core of staff sexual misconduct. The disparity of power between staff and offenders impossible. Sexual contact between staff and an offender is considered sexual misconduct and is never consensual. This type of behavior is considered a serious breach of security and these relationships or actions will not be tolerated. Engaging in an unauthorized relationship may result in criminal prosecution and or employment termination.
7Zero- Tolerance Compliance Examples of compliance:Agency has a written policy mandating zero tolerance toward all forms of sexual abuseEnforces policy by ensuring step[s are taken to prevent staff sexual misconductPosters in and around facilityWardens and management working with key staff creating an understanding of zero tolerance through training.Immediate actions by management when violations are discovered and supported by disciplines.Evidence of Zero tolerance are visible to staff such as (posters).
8What is Sexual Misconduct Sexual misconduct is defined as conduct of a sexual nature by staff that is directed toward offenders under the care, custody, and supervision of the department. This includes such acts as sexual contact, sexual abuse, invasion of privacy, intimacy, or behavior for sexual gratification.Ask participants to provide examples (at least three to move on).BJS definition of Sexual Misconduct is: Any behavior or act of a sexual nature directed toward an offender.
9Sexual Misconduct Sexual misconduct includes: Acts of sexual abuse Sexual contactSexual assaultUnlawful sexual relationsSexual harassmentSexual behavior that is directed by an employee toward an offender under the supervision of the Department ofCorrections. acts or attempts to commit acts of sexual abuse, sexual contact, sexual assault, unlawful sexual relations, and sexual harassment. It also includes conversations or correspondence that demonstrate or suggest a romantic or intimate relationship between an offender and the employee. Whether or not the inmate consents or initiates the behavior is irrelevant in determining if sexual misconduct has occurred.Undue familiarity can rage from casual conversation all the way to sexual misconduct. As a result, not all cases of undue familiarity will result in the employee being terminated. In conducting research I have found cases of undue familiarity that officials have had to weigh the action against the employee’s work history to try to determine whether the action would “compromise” the employees ability to perform his or her job effectively, and whether the action potentially puts the entire facility at risk. In most cases, however, the employee has been terminated or has resigned.
10Sexual Misconduct Is: Touching, rubbing, patting, etc. Kissing PenetrationNotes, letters, or comments
11Impact of Sexual Misconduct Jeopardizes facility securityCreates stress and trauma for those involvedExposes the agency and staff to liabilityCreates a hostile work environmentUndermines the public’s support of correctional personnelEngage participants on what impact this behavior can have on staff, inmates and the facility.What does it say to the public about us as a whole? Can Have severe Implications for other staff, inmates and the facility
12Impact of Sexual Misconduct Compromises professionalsVictimizes the already vulnerableViolates the lawCan result in criminal charges against the staff member. Iowa Code (2010)Diminishes legislative support for funding and reformsCreates mistrust within the facilityWith mandatory reporting as a staff member I have an professional obligation to report just as if you knew I was doing something against policy such as sexual misconduct which is against the law you are mandatory to report me and if you fail to do so there are penalties you could face as well up to termination.
13The strategies that have emerged: Policies that establish the agency’s zero tolerance for sexual misconductDefinitions of prohibited behavior that are specific for both employees and offendersMultiple ways for employees and inmates to report allegationsOperational procedures that support zero toleranceMany Corrections institutions and CBC have worked hard since the inception of PREA to address staff sexual misconduct, however, NIC has been diligent in their efforts and resources to improve policies and procedures, staff training and investigations. The strategies that have emerged through this initiative as critical to addressing sexual misconduct are:
14Strategies cont: Strong investigative policies and protocols Training of employees, volunteers, and contractors andOrientation of offenders to the agency’s policies
15Staff Sexual Misconduct Conduct between a staff member and an offender which has or is likely to result in intimacy or a close personal association, or conduct that is contrary to the good order of the institution or facility also known as?A Code of EthicsB Over FamiliarityC Zero ToleranceD None of the above
16Code of EthicsProhibits staff from abusing their power or establishing any form of a personal relationship with an offender. A True B False
17What is the impact of Sexual Misconduct A Jeopardizes facility securityB Creates stress and trauma for those involvedC Exposes the agency and staff to liabilityD Creates a hostile work environmentE Undermines the public’s support of correctional personnelF All of the above
18Red Flags – Are We Paying Attention to Staff? Over-identifying with the offender ("my offender")or their issues (i.e. blind to offender’s actionsHorse-play, sexual interaction between staffand offenderOffenders knowing personal information aboutstaffIsolation from other staffIsolation of work area where staff work alone with offenders for hoursStaff having letters, home telephone numbers, or photos ofoffenders family.Staff granting special requests or showing favoritismOffenders in an unauthorized area, or repeatedly out of their assigned placeCorrectional facility staff are supposed to fulfill the Department’s mission to safely contain and supervise the inmates committed to the Department of Corrections along with protecting the public, staff and offenders from victimization.We cant do that if we are conducting ourselves in an unethical and unprofessional manner such as being over familiar and engaging is sexual misconduct with inmates.
19Red Flags – Are We Paying Attention to Staff? Cont: Staff spending an unexplainable amount oftime with an offenderTelephone calls to and from staff/inmatesInmate grape-vine, inmate/staff rumorsStaff in the facility during "off hours"Pregnancy or a diagnosis of STDStaff overly concerned about an inmateDrastic behavior change on the part of an inmate or staffStaff having sole involvement with one offenderAgain, lets touch on Undue Familiarity: Conversations, contact, or personal or business dealing between an employee and offender under the supervision of the Department of Correctional Services which is unnecessary, not part of the employee’s duties. And related to a personal relationship or purpose rather than a legitimate correctional purpose. Undue familiarity includes horseplay, betting trading, dealing, socializing, family contact unrelated to the employee’s duties, sharing or giving food, delivering or intending to deliver contraband, personal conversation, exchanging correspondence, sexual misconduct, or in any other manner developing a relationship with an offender that’s inappropriate. A similar prohibition restricts inmates from initiating an unduly familiar relationship with staff, however, no matter if the inmates initiates the relationship due to the disparity of power it is never considered consensual or acceptable under the law.
20Offender on offender and Staff-on-offender sexual misconduct. Prison Rape Elimination Act: A Federal Law That’s Designed To Raise Awareness of and Prevent Rape in PrisonTo increase available data and information on the number of incidents of prison rape. The intent is to improve the management and administration of the facilities and reduce prison rape by increasing correctional employees’ awareness.It focuses on both:Offender on offender and Staff-on-offender sexual misconduct.One of the main goals of PREA was to: share with participants: have them provide what they know about PREA write on a flip chart so that they can see and become more familiar with what it looks like in written format. Ask specific questions about PREA to engage participants to engage in this dialog.
21Staff have a duty to report Suspicion or information regarding any incident of sexual misconduct.Staff have a duty to report any knowledge, suspicion, or information regarding any incident of sexual misconduct. This duty to report includes undue familiarity between staff and inmates, volunteers and inmates, or contractors and inmates. Any violation of policy is to be reported.All alleggegations of staff sexual misconduct or sexual harassment are to be investigated. If substantiated, the Department can take a variety of disciplinary including possible referral for criminal prosecution. This would include allegations involving sexual misconduct by a volunteer or contactor toward an inmate.
22Sexual Misconduct Lets Review Because of the disparity of power between offenders and staff, they will never be viewed as having a consensual relationship.PREACode of EthicsEstablishment of Zero ToleranceStaff have a duty to reportBecause he Department is charged with the care of inmate, taking advantage of an inmate can never be tolerated.The Department of Corrections facilitates a Zero Tolerance policy. If Sexual misconduct is substantiated, the employee is terminated supported by the Prison Rape Elimination Act of 2003 that’s designed to help prevent prison rape.
23Working Towards Keeping Inmates Free from Sexual Violence Microsoft Engineering ExcellenceWorking Towards Keeping Inmates Free from Sexual ViolenceUse knowledge andachievesafety within the facilityGettraining andexperienceGet familiarTime SpentMicrosoft Confidential
24Consensual Relationships Sexual contact between an offender and staff is never consensual even if the offender consents, initiates, or pursues the contact.Inherent difference in power between staff and offenders makes any consensual relationship impossible.Potential abuse of inherent power is at the core of staff sexual misconduct.
25Iowa Code Sections709.16: Sexual misconduct with offenders…commits an aggravated misdemeanor.709.15: Sexual exploitation by a counselor or therapist can be punishable as a Class “D” felony.It is against the LAW – punishable by a fine of at least $500, but not to exceed $ Imprisonment not to exceed 2 years. Also, there is a requirement that you must register as a SEX OFFENDER!
26Microsoft Engineering Excellence Doing Your Best WorkUnderstand staff sexual MisconductFollow operational procedures & zero tolerance practiceAttend annual trainingReport suspicion of sexual misconductDon’t cross the lineUse ethical judgment at all timesMicrosoft Confidential
27Sexual MisconductSexual contact between an offender and staff is never consensual even if the offender consents, initiates, or pursues the contact.A TrueB False
28Sexual MisconductPotential abuse of inherent ______is at the core of staff sexual misconduct?A Code of EthicsB Inherent differenceC PowerD None of the above
29The Des Moines Register January 9, 2006 “3 Iowa inmates share $160,000 to settle suits”“The sex abuse charges against an Officer push officials to do more to protect offenders.”
30Case Study VIDEO Case Study: 15:24 min in length Idea is to engage participants in activity.
31Discussion What we can learn from Tina Best practices Take-away Discuss outcomes of the case study or class simulation.Cover best practices.
32Signs a Co-worker is in Trouble Co-worker is in Trouble Changes in normal behavior for that personChange in appearance
33Signs a Co-worker is in Trouble Significant life crisisUnusual, off routine activity at work
34Signs a Co-worker is in Trouble Defensive or protective about certain offendersIncrease in use of alcohol or drugs
35Review of PolicyAD –PR-33-Staff Sexual Misconduct with Offenders
36Duties of StaffStaff will adhere to all procedures and guidelines of sexual misconduct.All allegations and incidents between staff and offenders will be immediately reported. Thus, Mandated Reporting of any allegations.Staff will cooperate and not interfere with the investigative process. Failure to cooperate will result in corrective action including discipline.Staff will not retaliate upon knowledge of sexual misconduct allegations.
37Why is PREA important to US? BECAUSEIT’S THE RIGHT THING TO DO!
38Summary Zero tolerance / It is against the law Seldom are relationships with offenders a secret.Professional judgment is compromised in a relationship with an offender.These actions will be taken seriously as they are considered a serious breech of security and will not be tolerated.Things to Think About
39How to Avoid Problems Always be professional. Maintain good personal physical and emotional boundaries.Be careful about conversations, jokes with sexual innuendos.Do not touch an offender unless it is work- related.Do not make decisions on credibility of offender.Document, Document, Document
40How to Avoid ProblemsKnow your policy on pat searches of offenders of the opposite gender.Offenders should never touch staff, handshakes are okay, if acceptable at your facility.Avoid excessive staring at offenders also known as voyeurism.
41Microsoft Engineering Excellence ResourcesBreaking the Code of Silence: Correctional Officers' Handbook on Identifying and Addressing Sexual Misconduct with Offenders NCJ , Brenda V. Smith J.D.; Jaime M. Yarussi M.S., 2007, (132 pages).PDF NCJRS AbstractCORRECTIONS OFFICIALS REPORTED MORE THAN 6,200 SEXUAL VIOLATIONS IN THE NATION'S PRISONS AND JAILSMicrosoft Confidential
42ResourcesPrison Rape | National Institute of Justicehttp://www.ojp.usdoj.gov/nij/topics/corrections/institutional/prison-rape/welcome.htm