WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
A. PURPOSE The purpose of this policy is to establish a “zero tolerance” policy regarding sexual misconduct directed towards residents of the Wyoming Department of Family Services’ (DFS / Agency) juvenile facilities and juvenile facilities required to be compliant with the federal Prison Rape Elimination Act (PREA) standards, and to establish uniform guidelines and procedures for preventing, detecting, reporting, investigating, responding to, and sanctioning incidents of sexual misconduct against residents. B.
DEFINITIONS (for this policy only) 1.
Agency: The Wyoming Department of Family Services.
2.
Contractor: A person who provides services on a recurring basis pursuant to a contractual agreement with the agency.
3.
Direct staff supervision: Security staff are in the same room with, and within reasonable hearing distance of the resident.
4.
Employee: A person who works directly for the Agency or facility.
5.
Exigent circumstances: Any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility.
6.
Facility: A place, institution, building (or part thereof), set of buildings, structure, or areas that is used by the agency, that is used by the agency for confinement of individuals. For purposes of this policy, DFS facilities are the Wyoming Girls’ School (WGS) and the Wyoming Boys’ School (WBS).
7.
Gender non-conforming: A person whose appearance or manner does not conform to traditional societal gender expectations.
8.
Intersex: A person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female.
9.
Juvenile: Any person under the age of 18, unless under adult court supervision and confined or detained in a prison or jail.
10. Juvenile facility: A facility primarily used for the confinement of juveniles pursuant to the juvenile justice system or criminal justice system. 11. Medical practitioner: A health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice. A “qualified medical practitioner” refers to such a professional who has also successful completed specialized training for treating sexual abuse victims. Policy #: 7.1 Page 1 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
12. Pat-down search: A running of the hands over the clothed body of a resident by an employee to determine whether the individual possesses contraband. 13. Resident: Any person confined or detained in a juvenile facility. 14. Retaliation: An act of vengeance, covert or overt action, or threat of action taken against staff or a resident in response to the staff or resident’s allegation of complaint of sexual misconduct or good faith cooperation in the reporting or investigation of sexual misconduct. Examples of acts of retaliation are unjustified discipline, intimidation, unnecessary changes in work or program assignments, unjustified transfers to other institutions or out of home placement, or unjustified denials of privileges or services, if such actions are motivated by retaliation for the filing of good faith and legitimate complaints of misconduct. 15. Secure juvenile facility: A juvenile facility in which the movements and activities of individual residents may be restricted or subjected to control through the use of physical barriers or intensive staff supervision. 16. Security staff: Employees primarily responsible for the supervision and control of residents in housing units, recreational areas, dining areas, and other program areas of the facility. 17. Sexual abuse: Sexual abuse includes sexual abuse of a resident by another resident, and sexual abuse of a resident by a staff member, contractor, or volunteer. a.
b.
Sexual abuse of a resident by another 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: i.
Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
ii.
Contact between the mouth and the penis, vulva, or anus;
iii.
Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
iv.
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 a resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the resident: i.
Contact between the penis and the vulva or the penis and the anus, including penetration, however, slight; Policy #: 7.1 Page 2 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
ii.
Contact between the mouth and the penis, vulva, or anus;
iii.
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;
iv.
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;
v.
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;
vi.
Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in i. through v. of this section;
vii.
Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a resident; and
viii.
Voyeurism by a staff member, contractor, or volunteer.
18. Sexual harassment includes: a.
Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one resident directed toward another; and/or
b.
Repeated verbal comments or gestures of a sexual nature to a 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.
19. Staff: Employees of the Agency. 20. Staff disciplinary action: An action administered for cause not limited to those reasons listed in the State of Wyoming Personnel Rules, Chapter 7, including dismissal. 21. Strip search: A search that requires a person to remove or arrange some or all clothing as to permit a visual inspection of the persons’ breasts, buttocks, or genitalia. 22. Substantiated allegation: An allegation that was investigated and determined to have occurred. 23. Transgender: A person whose gender identify (i.e. internal sense of feeling male or female) is different from the person’s assigned sex at birth. Policy #: 7.1 Page 3 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
24. Unfounded allegation: An allegation that was investigated and determined to not have occurred. 25. Unsubstantiated allegation: An allegation that was investigated and the investigation produced insufficient evidence to make a final determination as to whether or not the event occurred. 26. Volunteer: An individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency. 27. Voyeurism by a staff member, contractor, or volunteer: An invasion of privacy of a resident by staff for reasons unrelated to official duties, such as peering at a resident who is using a toilet in his or her cell or housing unit to perform bodily functions; requiring a resident to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a resident’s naked body or of a resident performing bodily functions. C. POLICY 1. General Policy and Practice a.
Residents at juvenile facilities have the right to be free from all forms of sexual abuse and sexual harassment perpetrated by staff or by other offenders. DFS strictly prohibits acts of sexual misconduct against offenders and herby establishes a zero tolerance policy against such acts.
b.
DFS shall designate an upper level agency-wide PREA Coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with PREA standards in all of its facilities.
c.
DFS shall designate a PREA Compliance Manager at each facility with sufficient time and authority to coordinate the facility’s effort to comply with PREA standards.
d.
DFS shall ensure that all allegations of sexual misconduct are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior, and to document all such referrals. A copy of this policy and procedure shall be published on DFS’ website and made available to residents at each institution.
e.
It is the policy of DFS that all staff and residents have a continued affirmative duty to report any acts of sexual misconduct against residents.
2. Consent is Not a Defense A resident cannot give “consent” to sexual misconduct with another resident or staff, including but not limited to employees, contract personnel, and volunteers. Wyoming law makes it a criminal act for an employee of DFS to engage in sexual activity with a resident. (See W.S. § 6-2-314 through 318 and § 6Policy #: 7.1 Page 4 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
2-302 through 304). DFS shall report all suspected criminal activity to the proper authorities. In cases involving staff sexual misconduct against residents, DFS reserves the right to also take appropriate administrative personnel action regardless of any criminal disposition. 3. Duty to Report It is the policy of DFS that all staff and residents have an affirmative duty to report any acts of sexual misconduct against residents. (See W.S. § 14-3-205 for requirements of mandatory reporting of child abuse and neglect). a.
Staff shall remain alert to sexual aggression or other activity among residents. In addition, suspected misconduct of staff or residents shall be reported by staff to a supervisor immediately, and to the state DFS office within 24 hours to ensure intervention at the earliest level.
b.
Any DFS staff that knowingly and intentionally allows or fails to report any acts of sexual misconduct shall be considered negligent in their job duties.
c.
DFS prohibits retaliation against staff or offenders who make good faith reports of sexual misconduct incidents. However, staff or other offenders who intentionally make false reports of sexual misconduct shall be subject to non-retaliatory disciplinary or legal actions. (See W.S. § 14-3-205(c) for description of and penalty for false reports or child abuse or neglect).
4. Training, Investigation, and Corrective Action for Prohibited Misconduct a.
DFS will aggressively respond to, investigate, and support the prosecution of sexual misconduct in DFS’ facilities and contract facilities required to be compliant with the federal PREA standards in partnership with law enforcement and local prosecutors.
b.
It is the policy of DFS to train staff and residents in the prohibitions against sexual misconduct, to fully investigate all allegations, discipline persons who violate this policy, and to implement corrective actions as indicated by investigation of cases of sexual misconduct, including referral for criminal prosecution.
5. Contracting with Other Entities a.
All new DFS contracts or contract renewals for the confinement of juveniles with facilities in which 50% or more of the facility population is held pursuant to the juvenile justice system, shall include the entity’s obligation to adopt and comply with PREA standards.
6. Institutional Plans Each facility shall develop a written institutional plan to coordinate actions among staff first responders, medical and mental health practitioners, investigators, and facility leadership in response to an incident of sexual abuse. Policy #: 7.1 Page 5 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
7. Retaliation Prohibited It is the policy of DFS to protect all residents and staff who report sexual misconduct or cooperate with sexual misconduct investigations from retaliation by other residents or staff. The agency-wide PREA Coordinator and each facility’s PREA Compliance Manager, in conjunction with the Human Resource Manager, shall be responsible for monitoring retaliation. a.
DFS shall employ multiple protection measures, such as housing changes and removal of alleged staff or resident abusers from contact with victims, and emotional support services for residents or staff who fear retaliation for reporting sexual misconduct or for cooperating with investigations.
b.
For at least 90 days following a report of sexual misconduct, DFS shall monitor the conduct and treatment of residents or staff who reported the sexual misconduct and of residents who were reported to have suffered the sexual misconduct to see if there are changes that suggest possible retaliation by residents or staff, and shall act promptly to remedy any such retaliation. Items to be monitored include any resident disciplinary reports, housing, or program changes, or negative performance reviews or reassignments of staff. DFS shall continue monitoring beyond 90 days if the initial monitoring indicates a continuing need.
c.
If any other individual who cooperates with an investigation expresses a fear of retaliation, DFS shall take appropriate measures to protect that individual against retaliation.
d.
DFS’ obligation to monitor shall terminate if the agency determines that the allegation is unfounded.
8. Residents with Disabilities and Residents who are Limited English Proficient a.
DFS shall take appropriate steps to ensure that residents with disabilities, including but not limited to, residents who are deaf or hard of hearing, blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities, have an equal opportunity to participate in or benefit from all aspects of DFS’ efforts to prevent, detect, and respond to sexual abuse. Such steps shall include, when necessary to ensure effective communication with residents who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary unless doing so would result in fundamental alteration in the nature of a service, program, or activity, or in undue financial and administrative burdens, as those terms are used in regulations promulgated under Title II of the Americans With Disabilities Act, 28 CFR 35.164. In addition, the agency shall ensure that written materials are provided in formats and through methods that ensure effective communication with residents with disabilities, including residents who have intellectual disabilities, limited reading skills, or who are blind or have low vision.
Policy #: 7.1 Page 6 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
9.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
b.
DFS shall take reasonable steps to ensure meaningful access to all aspects of DFS’ efforts to prevent, detect, and respond to sexual abuse and sexual harassment to residents who are limited English proficient, including steps to provide interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.
c.
DFS shall not rely on resident interpreters, resident readers, or other types of resident assistants, except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the resident’s safety, the performance of first response duties, or the investigation of the resident’s allegations. All limited circumstances in which resident assistance is used shall be documented. Transgender and Intersex Residents.
DFS staff shall not search or physically examine a transgender or intersex resident for the sole purpose of determining the resident’s genital status. D. GENERAL PROCEDURAL GUIDELINES 1. Contractor Hiring and Employee Hiring and Promotion Decisions a.
DFS shall not hire or promote anyone who may have contact with residents, and shall not enlist the services of any contractor who may have contact with residents, who: i.
Has engaged in sexual abuse in a prison, jail lockup, community confinement facility, juvenile facility, or other institution as defined in 42 U.S.C. 1997;
ii.
Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force or coercion, or if the victim did not consent or was unable to consent or refuse; or
iii.
Has been civilly or administratively adjudicated to have engaged in the activity described in ii. of this section.
b.
DFS shall consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, who may have contact with offenders.
c.
Before hiring new employees who may have contact with offenders, DFS shall: i.
Perform a criminal background records check;
ii.
Perform a Central Registry screen; and
Policy #: 7.1 Page 7 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
iii.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
Consistent with federal, state, and local law, make best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse.
d.
DFS shall perform a criminal background records check before enlisting the services of any contractor or volunteer who may have direct contact with residents.
e.
DFS shall conduct criminal background records checks at least every five (5) years of current employees, contractors, and volunteers who may have contact with residents.
f.
DFS shall ask all applicants and employees who may have contact with residents directly about previous misconduct described in paragraph c of this section in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews for current employees. Employees shall have a continuing affirmative duty to disclose any such misconduct. i.
g.
Employees shall disclose any sexual misconduct within institutions, in the community, and any civil or administrative adjudications to the employee’s direct supervisor, the Agency Human Resources (HR) Manager, or the Agency PREA Coordinator.
Material omissions regarding such misconduct or the provision of materially false information shall be grounds for termination.
2. Training a.
DFS Employees. All DFS staff that may have contact with residents shall be provided mandatory PREA training which will focus on the prevention, detection, reporting, and response to sexual assault of misconduct against residents. This training shall include, at a minimum: i.
Instruction on this policy and procedure, including DFS’ zero-tolerance policy for sexual abuse and sexual harassment;
ii.
How to fulfill their responsibilities under DFS sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures;
iii.
Residents’ right to be free from sexual abuse and sexual harassment;
iv.
The right of residents and employees to be free of retaliation for reporting sexual abuse and sexual harassment;
v.
The dynamics of sexual abuse and sexual harassment in juvenile facilities;
vi.
The common reactions of juvenile victims of sexual abuse and sexual harassment; Policy #: 7.1 Page 8 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
vii.
How to detect and respond to signs of threatened and actual sexual abuse and how to distinguish between consensual sexual contact and sexual abuse between residents;
viii.
How to avoid inappropriate relationships with residents;
ix.
How to communicate effectively and professionally with residents, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming residents;
x.
How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities; and
xi.
Relevant laws regarding the applicable age of consent.
b.
Gender Specific Training. PREA training shall be tailored to the gender of the residents at the employees’ facility. Any employee who is reassigned from a male only facility to a female only facility, or vice versa, shall receive additional training relative to the gender of residents at their new facility.
c.
Timeframe Requirements. All current employees who have not yet received PREA training shall be trained within one (1) year of the effective date of this policy. Refresher training shall be provided every two (2) years at a minimum to all staff to ensure that all employees know DFS’ current sexual abuse and sexual harassment policies and procedures. Policy information shall be provided on DFS’ website for employee reference between refresher training.
d.
Verification of Training. DFS shall document, through employee signature or electronic verification, that employees understand the training they have received.
e.
Training of Volunteers and Contractors. DFS shall ensure that all volunteers and contractors who have contact with residents have been trained on their responsibilities under DFS’ sexual abuse and sexual harassment prevention, detection, and response policies and procedures. i.
The level and type of training provided to volunteers and contractors shall be based on the services they provide and the level of contact they have with residents, but at a minimum shall be notified of the Agency’s “zero-tolerance” policy regarding sexual abuse and harassment, and how to report such incidents.
ii.
DFS shall maintain documentation confirming that volunteers and contractors understand the training they received.
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WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
f.
Specialized Training: Investigations i.
ii.
g.
In addition to general training provided to all employees pursuant to this policy, DFS shall ensure that, to the extent the Agency conducts sexual abuse investigations, its investigators have received training in conducting such investigations in confinement settings consistent with PREA requirements. (1)
Training shall include techniques for interviewing juvenile sexual abuse victims; proper use of Mirand and Garrity warnings; sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral.
(2)
DFS shall maintain documentation for Agency investigators who have completed this training.
It is the expectation of DFs that any other State entity or Department of Justice entity that investigates sexual abuse in confinement settings shall provide such training to its agents and investigators who conduct such investigations.
Specialized Training: Medical and Mental Health Care i.
h.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
DFS shall ensure that all full and part-time medical and metal health care practitioners who work regularly in its facilities have been trained in: (1)
How to detect and assess signs of sexual abuse;
(2)
How to preserve physical evidence of sexual abuse;
(3)
How to respond effectively and professionally to victims of sexual abuse; and
(4)
How and to whom to report allegations or suspicions of sexual abuse.
ii.
If medical staff employed by the Agency conduct forensic examinations, such medical staff shall receive the appropriate training to conduct such examinations and DFS shall maintain documentation that the training has been received from the Agency or elsewhere.
iii.
Medical and mental health practitioners shall also receive the training mandated for contractors and volunteers under paragraph e of this section.
Resident Education. During initial intake at DFS juvenile facilities, residents shall receive information explaining, in an age appropriate fashion, DFS’ zero-tolerance policy regarding sexual abuse and sexual harassment and how to report incidents or suspicions of sexual abuse or sexual harassment. Policy #: 7.1 Page 10 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
3.
4.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
i.
Within 10 days of intake, DFS shall provide comprehensive age-appropriate education to residents in person or through video regarding their rights to be free from sexual abuse and sexual harassment, and to be free from retaliation for reporting such incidents, and regarding Agency policies and procedures for responding to such incidents. Education to residents shall be in a format accessible to all residents including those who are limited English proficient, deaf, visually impaired, or otherwise disabled, and to those who have limited reading skills.
ii.
Residents shall receive additional education upon transfer to a different facility to the extent that the policies and procedures of the resident’s new facility differ from those at the previous facility.
iii.
DFS shall maintain documentation of resident participation in these education sessions and shall ensure that key information is continuously and readily available or visible to residents through posters, handbooks, or other written formats.
Screening for Risk of Sexual Victimization and Abusiveness a.
DFS facilities shall obtain and use information about each resident’s personal history and behavior to reduce the risk of sexual abuse by or upon a resident within 72 hours of arrival to the facility and periodically through the resident’s stay.
b.
DFS facilities shall conduct such assessments in a manner consistent with PREA and by use of an objective screening instrument that considers, at a minimum, information required by § 115-341 of the National PREA Standards.
Reporting a.
Resident Reporting i.
DFS shall provide an outlet for residents to report abuse or harassment to an entity or office that is not part of DFS and that is able to receive and immediately forward resident reports of sexual harassment and sexual abuse to DFS officials, allowing the resident to remain anonymous upon request.
ii.
All DFS staff shall report sexual abuse and sexual harassment of residents immediately. Staff may report privately and directly to the DFS PREA Coordinator, facility PREA Compliance Manager, or to the designated entity or office that receives PREA reports on behalf of DFS that is not a part of DFS.
iii.
All DFS staff shall accept reports made verbally, in writing, anonymously, and from third parties, and shall promptly document any verbal reports.
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WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
b.
Third-party Reporting i.
c.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
DFS shall accept third-party reports of sexual abuse and sexual harassment from any third-party. Reporting methods and contact information shall be posted on DFS’ publicly available website and pamphlets shall be made available.
Staff and Agency Reporting Duties i.
DFS staff shall immediately report to their direct supervisor, Superintendent of DFS facility, facility PREA Compliance Manager, or DFS PREA Coordinator any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether the facility is an agency facility or not; retaliation against residents or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.
ii.
All staff shall immediately report any activity covered under Wyoming mandatory child abuse reporting laws.
iii.
Staff is prohibited from revealing any information related to a sexual abuse report to anyone other than to make a report to a supervisor or designated official, except to the extent necessary to make treatment, investigation, and other security and management decisions. (1)
iv.
Medical and mental health practitioners shall report sexual abuse in the same manner all staff shall report and consistent with Wyoming mandatory reporting laws, and practitioners shall notify residents at the initiation of services of this duty to report.
Upon receiving an allegation of sexual abuse, the facility Superintendent or designee shall promptly report the allegation to the PREA Coordinator and Division Administrator, and notify the alleged victim’s parents or legal guardian, unless the facility has official documentation showing the parents or legal guardians should not be notified. (1)
If the alleged victim is under the guardianship of the child welfare system, the report shall be made to the alleged victim’s caseworker instead of a parent or legal guardian.
(2)
If the alleged victim is under jurisdiction of the juvenile district court, the facility Superintendent or designee shall also report the allegation to the juvenile’s attorney or other legal representative of record within 14 days of receiving the allegation.
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WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
d.
v.
Facilities shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility’s designated investigator.
vi.
When DFS learns that a resident is subject to a substantial risk of imminent sexual abuse, it shall take immediate action to protect that resident.
Reporting to Other Confinement Facilities i.
Upon receiving an allegation that a resident was sexually abused while confined at another facility, the Superintendent of the facility that received the allegation shall notify the state DFS office, Division Administrator, and the appropriate investigative agency. (1)
ii.
5.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
Such notification shall be provided as soon as possible but in no case later than 72 hours after receiving the allegation, and the Agency shall document it has provided such notification.
The state DFS office and PREA Coordinator shall ensure that the allegation is investigated according to PREA standards.
Investigations a.
Internal Non-Criminal Reviews i.
DFS facilities may conduct internal reviews for non-criminal behavior that does not rise to the level of a personnel administrative investigation and only when the safety or welfare of the resident is not jeopardized. (1)
The DFS PREA Coordinator shall be notified by the facility Superintendent or facility PREA Compliance Manager within 24 hours of a report in which the facility will be conducting an internal review.
(2)
The DFS PREA Coordinator shall be kept apprised of facility reviews and shall be given, in writing, a summary of the incident review and final conclusion for purposes of PREA documentation.
(3)
If at any time during a facility’s internal review information is discovered that is criminal in nature or rises to the level of requiring administrative personnel action, the appropriate law enforcement and Agency authorities shall be notified immediately.
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WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
b.
Criminal Investigations i.
c.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
DFS will not conduct its own criminal investigations for allegations of sexual abuse and sexual harassment and all sexual abuse or sexual harassment that may be criminal in nature shall be immediately referred to each facility’s local law enforcement.
Administrative Investigations i.
DFS shall conduct administrative investigations for allegations of sexual abuse or sexual harassment in DFS facilities. (1)
An Agency HR personnel and Services Division representative who have received specialized training in sexual abuse investigations involving juvenile victims shall conduct administrative investigations. (a)
ii.
The administrative investigative team shall provide, in writing, a report of findings and conclusion to the HR administrator and agency director for appropriate discipline pursuant to the State of Wyoming Personnel Rules, Chapter 7.
(2)
DFS shall not terminate an investigation solely because the source of the allegation recants the allegation.
(3)
When the quality of evidence appears to support criminal prosecution, DFS shall conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution.
(4)
The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis and shall not be determined by the person’s status as a resident or staff. The resident who alleges sexual abuse shall not be submitted to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such an allegation.
(5)
Substantiated allegations of conduct that appears to be criminal shall be referred to the appropriate entity for the purpose of prosecution.
(6)
The departure of the alleged abuser or victim from the employment or control of DFS or a DFS facility shall not provide a basis for terminating an investigation.
Administrative investigations shall: (1)
Include an effort to determine whether staff actions or failures to act contributed to the abuse; and Policy #: 7.1 Page 14 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
(2)
Be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings. (a)
iii.
6.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
Written reports shall be kept for as long as the alleged abuser is employed by the agency or placed in a DFS facility, plus five (5) years, unless the abuse was committed by a juvenile resident and Wyoming law requires a shorter period of retention.
A preponderance of the evidence evidentiary standard shall be used for DFS’ administrative investigations to determine whether allegations of sexual abuse or sexual harassment are substantiated.
Reporting to Residents a.
Following an investigation into a resident’s allegation of sexual abuse suffered in a DFS facility, the agency shall inform the resident as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. i.
b.
c.
DFS shall request the relevant information from the investigative law enforcement agency for criminal investigations in order to inform the resident.
Following a resident’s allegation that a staff member has committed sexual abuse against the resident, DFS shall subsequently inform the resident, unless the allegation is unfounded, whenever: i.
The staff member is no longer posted within the resident’s unit;
ii.
The staff member is no longer employed at the facility;
iii.
The Agency learns the staff member has been indicted on a charge related to sexual abuse within the facility; or
iv.
The Agency learns the staff member has been convicted on a charge related to sexual abuse within the facility.
Following a resident’s allegation that he or she has been sexually abused by another resident, the Agency shall subsequently inform the alleged victim whenever: i.
The Agency leans the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or
ii.
The Agency learns the alleged abuser has been convicted on a charge related to sexual abuse within the facility. Policy #: 7.1 Page 15 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
d.
All notifications to alleged victims shall be in writing and be facilitated through the facility PREA Compliance Manager and Superintendent. i.
7.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
DFS’ obligation to report to the resident shall terminate if the resident is released from the Agency’s custody.
Discipline a.
Disciplinary Sanctions for Staff i.
Staff shall be subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies, consistent with the State of Wyoming Personnel Rules, Chapter 7. (1)
b.
Termination shall be the presumptive disciplinary sanction for staff who have engaged in sexual abuse, consistent with the State of Wyoming Personnel Rules, Chapter 7.
ii.
Disciplinary sanctions for violations of DFS policies relating to sexual abuse or sexual harassment, other than actually engaging in sexual abuse, shall be commensurate with the nature and circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories.
iii.
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.
Corrective Action for Contractors and Volunteers i.
Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with residents and shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies.
ii.
The DFS facility shall take appropriate remedial measures, and shall consider whether to prohibit further contact with residents, in the case of any other violation of agency sexual abuse or sexual harassment policies by a contractor or volunteer.
iii.
DFS reserves the right to immediately withdraw from services and cancel any contract or agreement entered into with a contractor or volunteer who engages in sexual abuse.
Policy #: 7.1 Page 16 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
c.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
Interventions and Disciplinary Sanctions for Residents i.
DFS facilities may subject a resident to disciplinary sanctions only pursuant to a formal disciplinary process following an administrative finding that the resident engaged in resident on resident sexual abuse or following a criminal finding of guilt for resident on resident sexual abuse.
ii.
DFS facilities shall be responsible for establishing in policy a formal disciplinary process that is consistent with PREA standard § 115.378.
iii.
DFS prohibits all sexual activity between residents and DFS facilities may appropriately discipline residents for such activity. (1)
Prohibited sexual activity does not constitute sexual abuse if it is determined that the activity is not coerced.
8. Grievances a.
Grievances may be filed for the following purposes: i.
To allege sexual abuse in an Agency facility;
ii.
To notify the facility that the resident is subject to a substantial risk of imminent sexual abuse;
iii.
To report retaliation against an employee or resident due to the reporting of or involvement in a PREA incident or investigation; and
iv.
To document disapproval or challenge the Agency’s response to, investigation of, or conclusion and disciplinary action of a sexual abuse allegation. (1)
b.
This grievance policy does not apply to employee grievances regarding the conclusion and disciplinary action of a sexual abuse allegation when the aggrieved employee is the alleged perpetrator. State of Wyoming Personnel Rules shall be followed for employee disciplinary action grievances.
Grievances may be filed verbally or in writing i.
Agency facilities shall provide materials for written grievances and a process for referring such grievances to a staff member who is not the subject of the complaint.
ii.
Verbal grievances shall be reduced to writing with the help of facility staff or a third party as needed.
iii.
Grievances may be submitted by a third party on behalf of a resident. Policy #: 7.1 Page 17 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
c.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
Grievance review i.
Grievances related to this PREA policy shall be provided to the Superintendent of the Agency facility and the Superintendent shall forward the grievance to the Agency PREA Coordinator.
ii.
For all grievances, except initial allegations of sexual abuse, the Agency PREA Coordinator, in consultation with the Division Administrator, shall review the grievance and determine whether to initiate an investigation.
iii.
(1)
Grievance investigations may include interviews with any party having knowledge of the incident, report, investigation, and/or conclusion and disciplinary action.
(2)
Grievances containing an initial allegation of sexual misconduct shall follow this policy’s reporting and investigation process and shall not be limited by grievance procedures.
The Agency shall issue a final Agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance. (1)
The Agency may extend the time to respond up to 70 days if the normal time period for response is insufficient to make an appropriate decision. The Agency shall notify the resident in writing of any such extension and provide a date by which a decision will be made.
(2)
All Agency decisions and notices shall be in writing.
(3)
(i)
Agency decisions and notices provided to an aggrieved resident shall be given to the resident by the Superintendent.
(ii)
Agency decisions and notices provided to an aggrieved employee or third party shall be given to the employee or third party by the Agency PREA Coordinator.
Nothing in this policy shall be construed to restrict the Agency’s ability to defend against a lawsuit filed by a resident on the ground that the applicable statute of limitations has expired.
Policy #: 7.1 Page 18 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
9. Data Collection and Review a.
b.
Sexual Abuse Incident Reviews i.
Within 30 days of the conclusion of an investigation, the DFS facility shall conduct a sexual abuse incident review consistent with PREA Standard § 115-386.
ii.
The incident review shall be in writing and provided to the agency PREA Coordinator for the purpose of data collection and annual reporting.
Data Collection i.
DFS shall collect accurate, uniform data for every allegation of sexual abuse at facilities under its direct control. (1)
ii.
c.
DFS shall collect data that is consistent with the Survey of Sexual Violence conducted by the Department of Justice.
DFS shall collect incident-based and aggregate level data from: (1)
WGS;
(2)
WBS; and
(3)
Private facilities in which the Agency contracts for the confinement of DFS’ residents.
Data Review for Corrective Action i.
DFS shall review data collected and aggregated in order to assess and improve the effectiveness of the Agency’s sexual abuse prevention, detection, and response policies, practices, and training, including: (1)
Identifying problem areas;
(2)
Taking corrective action on an ongoing basis; and
(3)
Preparing an annual report of the Agency’s findings and corrective actions for each facility, as well as the Agency as a whole. (a)
DFS’ annual PREA report shall include a comparison of the current year’s data and corrective actions with those from prior years and shall provide an assessment of DFS’ progress in addressing sexual abuse. Policy #: 7.1 Page 19 of 20
WYOMING DEPARTMENT OF FAMILY SERVICES EFFECTIVE DATE: May 15, 2015
(b)
d.
CHAPTER: Prison Rape Elimination Act (PREA) POLICY: Zero Tolerance of Sexual Abuse POLICY NUMBER: 7.1 Current: 7/15 Revised: 7/15 Original: 6/15
The report shall be made available to the public through DFS’ website.
Data Storage, Publication, and Destruction i.
All data collected pursuant to PREA data collection requirements shall be securely retained.
ii.
All aggregated sexual abuse data from DFS facilities and private facilities in which DFS contracts with to confine juveniles shall be published on the DFS website annually. (1)
iii.
All personal identifiers shall be removed from data prior to data becoming publicly available.
DFS shall maintain sexual abuse data collected pursuant to this section, Data Collection and Review, for at least 10 years after the date of its initial collection except when such data collection conflicts with state or federal law.
Policy #: 7.1 Page 20 of 20
