Or. Admin. Code § 291-109-0245

Current through Register Vol. 63, No. 8, August 1, 2024

Section 291-109-0245 - [Effective until 1/27/2025] Grievances Related to Sexual Abuse or Sexual Harassment

(1) A grievance related to a claim of sexual harassment or sexual abuse will be immediately subject to investigation that is outside the Department's administrative remedies process.

(2) For purposes of this rule, the term "sexual harassment" is defined in OAR 291-109-0110(19), and the phrase "related to a claim of sexual harassment or sexual abuse" includes claims of sexual abuse, fear of sexual abuse, or allegations of mishandling of an incident or investigation of sexual abuse such as retaliation for reporting or retaliation for cooperating with a sexual abuse investigation.

(3) For purposes of this rule, the term "sexual abuse" is defined as sexual abuse of an AIC by another AIC and sexual abuse of an AIC by a staff member.

(a) The term "sexual abuse" 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.

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

(D) 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.

(b) Sexual abuse of an AIC by a DOC or OCE employee, contractor or volunteer of the department or OCE includes any of the following acts, with or without consent of the AIC, detainee, or resident:

(A) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

(B) Contact between the mouth and the penis, vulva, or anus;

(C) Contact between the mouth and any body part where a DOC or OCE employee, contractor, or volunteer of the department or OCE has the intent to abuse or arouse.

(D) 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 a DOC or OCE employee, contractor, or volunteer of the department or OCE has the intent to abuse, arouse, or gratify sexual desire;

(E) 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 the official duties or where a DOC or OCE employee, contractor, or volunteer of the department or OCE has the intent to abuse, arouse or gratify sexual desire;

(F) Any attempt, threat, or request by a DOC or OCE employee, contractor, or volunteer of the department or OCE to engage in the activities descried by paragraphs (A) - (E) of this section;

(G) Any display by a DOC or OCE employee, contractor, or volunteer of the department or OCE of his or her uncovered genitalia, buttocks, or breast in the presence of an AIC, detainee, or resident, and

(H) Voyeurism by a DOC or OCE employee, contactor, or volunteer of the department or OCE. Voyeurism by a staff member, contractor or volunteer means an invasion of privacy of an AIC by staff for reasons unrelated to official duties, such as peering at an AIC who is using a toilet in his or her cell to perform bodily functions; requiring an AIC to expose his or her buttocks, genitals, or breasts; or taking images of all or part of an AIC's naked body or of an AIC performing bodily functions.

(4) A grievance related to a claim of sexual harassment or sexual abuse will not be considered or counted as a "grievance" or "discrimination complaint" under the department's rules on Grievance Review System (OAR 291-109) or Discrimination Complaint Review System (OAR 291-006).

Or. Admin. Code § 291-109-0245

DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 15-2024, temporary amend filed 07/18/2024, effective 8/1/2024 through 1/27/2025

Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075