Over familiarity That ‘can’ lead to Staff Sexual Misconduct Teama McGregor

Welcome

Learning Objectives 1. Identify “Red Flags” of Staff Sexual Misconduct / Over Familiarity 2. Learn strategies that have emerged since inception of PREA to address Staff Sexual Misconduct 3. Identify three ways PREA is designed to raise awareness 4. Know what to do if you have information or suspicion regarding any Staff Sexual Misconduct

New 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:

"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.

Staff Sexual Misconduct: AD-PR-33 Iowa DOC has Zero Tolerance for Sexual Misconduct/Harassment/Assault It 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.

Zero- Tolerance Compliance Examples of compliance: Agency has a written policy mandating zero tolerance toward all forms of sexual abuse Enforces policy by ensuring step[s are taken to prevent staff sexual misconduct Posters in and around facility Wardens 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).

What 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.

Sexual Misconduct Sexual misconduct includes: Acts of sexual abuse Sexual contact Sexual assault Unlawful sexual relations Sexual harassment Sexual behavior that is directed by an employee toward an offender under the supervision of the Department of Corrections. 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.

Sexual Misconduct Is: Touching, rubbing, patting, etc. Kissing Penetration Notes, letters, or comments

Impact of Sexual Misconduct Jeopardizes facility security Creates stress and trauma for those involved Exposes the agency and staff to liability Creates a hostile work environment Undermines the public’s support of correctional personnel Engage 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

Impact of Sexual Misconduct Compromises professionals Victimizes the already vulnerable Violates the law Can result in criminal charges against the staff member. Iowa Code 709.16 (2010) Diminishes legislative support for funding and reforms Creates mistrust within the facility With 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.

The strategies that have emerged: Policies that establish the agency’s zero tolerance for sexual misconduct Definitions of prohibited behavior that are specific for both employees and offenders Multiple ways for employees and inmates to report allegations Operational procedures that support zero tolerance Many 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:

Strategies cont: Strong investigative policies and protocols Training of employees, volunteers, and contractors and Orientation of offenders to the agency’s policies

Staff 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 Ethics B Over Familiarity C Zero Tolerance D None of the above

Code of Ethics Prohibits staff from abusing their power or establishing any form of a personal relationship with an offender. A True B False

What is the impact of Sexual Misconduct A Jeopardizes facility security B Creates stress and trauma for those involved C Exposes the agency and staff to liability D Creates a hostile work environment E Undermines the public’s support of correctional personnel F All of the above

Red Flags – Are We Paying Attention to Staff? Over-identifying with the offender ("my offender") or their issues (i.e. blind to offender’s actions Horse-play, sexual interaction between staff and offender Offenders knowing personal information about staff Isolation from other staff Isolation of work area where staff work alone with offenders for hours Staff having letters, home telephone numbers, or photos of offenders family. Staff granting special requests or showing favoritism Offenders in an unauthorized area, or repeatedly out of their assigned place Correctional 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.

Red Flags – Are We Paying Attention to Staff? Cont: Staff spending an unexplainable amount of time with an offender Telephone calls to and from staff/inmates Inmate grape-vine, inmate/staff rumors Staff in the facility during "off hours" Pregnancy or a diagnosis of STD Staff overly concerned about an inmate Drastic behavior change on the part of an inmate or staff Staff having sole involvement with one offender Again, 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.

Offender 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 Prison To 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.

Staff 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.

Sexual Misconduct Lets Review Because of the disparity of power between offenders and staff, they will never be viewed as having a consensual relationship. PREA Code of Ethics Establishment of Zero Tolerance Staff have a duty to report Because 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.

Working Towards Keeping Inmates Free from Sexual Violence Microsoft Engineering Excellence Working Towards Keeping Inmates Free from Sexual Violence Use knowledge and achieve safety within the facility Get training and experience Get familiar Time Spent Microsoft Confidential

Consensual 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.

Iowa Code Sections 709.16: 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 $5000. Imprisonment not to exceed 2 years. Also, there is a requirement that you must register as a SEX OFFENDER!

Microsoft Engineering Excellence Doing Your Best Work Understand staff sexual Misconduct Follow operational procedures & zero tolerance practice Attend annual training Report suspicion of sexual misconduct Don’t cross the line Use ethical judgment at all times Microsoft Confidential

Sexual Misconduct Sexual contact between an offender and staff is never consensual even if the offender consents, initiates, or pursues the contact. A True B False

Sexual Misconduct Potential abuse of inherent ______is at the core of staff sexual misconduct? A Code of Ethics B Inherent difference C Power D None of the above

The 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.”

Case Study VIDEO Case Study: 15:24 min in length Idea is to engage participants in activity.

Discussion What we can learn from Tina Best practices Take-away Discuss outcomes of the case study or class simulation. Cover best practices.

Signs a Co-worker is in Trouble Co-worker is in Trouble Changes in normal behavior for that person Change in appearance

Signs a Co-worker is in Trouble Significant life crisis Unusual, off routine activity at work

Signs a Co-worker is in Trouble Defensive or protective about certain offenders Increase in use of alcohol or drugs

Review of Policy AD –PR-33-Staff Sexual Misconduct with Offenders

Duties of Staff Staff 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.

Why is PREA important to US? BECAUSE IT’S THE RIGHT THING TO DO!

Summary 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

How 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

How to Avoid Problems Know 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.

Microsoft Engineering Excellence Resources Breaking the Code of Silence: Correctional Officers' Handbook on Identifying and Addressing Sexual Misconduct with Offenders NCJ 219611, Brenda V. Smith J.D.; Jaime M. Yarussi M.S., 2007, (132 pages).PDF NCJRS Abstract CORRECTIONS OFFICIALS REPORTED MORE THAN 6,200 SEXUAL VIOLATIONS IN THE NATION'S PRISONS AND JAILS http://www.ojp.usdoj.gov/newsroom/pressreleases/2006/BJS07302006.htm Microsoft Confidential

Resources Prison Rape | National Institute of Justicehttp://www.ojp.usdoj.gov/nij/topics/corrections/institutional/prison-rape/welcome.htm 

Microsoft Engineering Excellence Questions? Microsoft Confidential

Who’s Who Lead Contact information Teama Teama.mcgregor@iowa.gov