N.Y. Comp. Codes R. & Regs. tit. 7 § 701.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 701.2 - Definitions

(a) Grievance - a complaint, filed with an IGP clerk, about the substance or application of any written or unwritten policy, regulation, procedure or rule of the Department of Correctional Services or any of its program units, or the lack of a policy, regulation, procedure or rule. A letter addressed to facility or central office staff is not a grievance.

(b) Departmental grievance - a grievance which affects an inmate during his/her confinement at various facilities throughout the department.

(c) Institutional grievance - a grievance in which the grievant is only affected as long as he/ she remains a resident of the facility in which the grievance is filed.

(d) Like grievances - those grievances emanating from a substantially similar situation/issue or with a similar action requested, or complaints which could be resolved with the same action.

(e) Harassment grievances - those grievances that allege employee misconduct meant to annoy, intimidate or harm an inmate.

(f) Unlawful discrimination grievances - those grievances that allege acts or policies which adversely affect individuals based on race, religion, national origin, sex, sexual orientation, age, disabling condition(s) or political belief, except as provided by law.

(g) Strip search or strip frisk grievances - those grievances that allege violations of departmental policy regarding strip searches or strip frisks.

(h) Advisor - a person who assists the grievant in filing, preparing or expressing the grievant's complaint. An advisor is not a substitute grievant. An advisor is not needed to argue a case since the grievance procedure is not adversarial. An advisor is not needed to appeal a grievance; that is a simple procedure requiring only that the grievant contact the grievance clerk. An advisor is not a direct party to a grievance. Staff members from the IGRC or from the facility at large may serve as advisors. Staff members must be willing to accept this function.

(i) Direct party - an individual so uniquely affected by the grievance that fair play dictates that he/she should be afforded an opportunity to provide input prior to any decision and also to appeal any disposition rendered. In harassment allegations, the employee who allegedly committed the misconduct is a direct party.

(j) Definitions related to Sexual Abuse and Sexual Harassment - The terms sexual abuse and sexual harassment shall have the definitions as set forth in the Prison Rape Elimination Act (PREA) Standards (2 8 C.F.R. § 115.06).

N.Y. Comp. Codes R. & Regs. Tit. 7 § 701.2

Amended New York State Register April 12, 2017/Volume XXXIX, Issue 15, eff. 4/12/2017