OUR PREA POLICY

POLICY:  Rock Valley Community Programs (RVCP) complies with all requirements of the Prison Rape Elimination Act (PREA) of 2003. RVCP has a zero tolerance policy for all forms of sexual abuse and harassment.  RVCP’s Residential Director is the PREA Coordinator responsible for developing, implementing, and overseeing RVCP’s compliance with PREA standards.

RVCP will ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse or sexual harassment. Criminal investigations are to be conducted by the Rock County Sheriff’s Department.
 

DEFINITIONS:

Sexual abuse includes:                                                                                                                                                                                                     

-   Sexual abuse of a resident by another resident; and

-   Sexual abuse of a resident by a staff member, contractor, or volunteer.

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:

-    Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

-    Contact between the mouth and the penis, vulva, or anus;

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

-    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:

-    Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

-    Contact between the mouth and the penis, vulva, or anus;

-    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;

-    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.

-    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.

-    Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in bullets 1 through           5 of this section.

-    Any display by a staff member, a contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a                resident, and;

-    Voyeurism by a staff member, contractor, or volunteer.

Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of a resident for reasons unrelated to official duties, such as peering at a resident who is using a toilet 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.

Sexual harassment includes:

-    Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or             offensive sexual nature by a resident directed toward another resident; and

-    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.
 

PROCEDURES:

Protecting Residents:

Upon intake, all residents will be assessed for their risk of being sexually abused by other residents or sexually abusive toward other residents.  This initial assessment will take place within 24-hours of admission.

The results of the risk assessment will be utilized to make room, work, education and program assignments with the goal of keeping separate those residents at high risk of being sexually victimized from those at high risk of being sexually abusive.

The risk assessment will be repeated within 30 days post admission or when additional information warrants a reassessment. Any room, work, education and program adjustments will be made based on the results.

PREA implications for staff:

Staff, contractors, or volunteers who become aware of any form of sexual abuse or sexual harassment that has occurred, or they suspect may have occurred, are required to report the sexual abuse or harassment to the Residential Director/PREA Coordinator, Executive Director, or Assistant Executive Director immediately after they discover the information.  Staff, contractors, or volunteers are not to reveal any information related to the sexual abuse or harassment to any person other than to the extent necessary to make treatment, investigation, and other security and management decisions.

The Standards of Employee Conduct prohibit employees, contractors, and volunteers from engaging in, or allowing another person to engage in, sexual behavior with a resident. Sexual behavior can include, but is not limited to indecent, profane or abusive language or gestures, and inappropriate visual surveillance of residents. (Refer to definition section in the beginning of this policy.)

It is never appropriate for a staff member, contractor, or volunteer to make sexual advances, comments or to engage in sexual contact with a resident. Even if the resident wants to be involved with the staff member, contractor, or volunteer, they are not allowed to respond. It is not appropriate for a resident to approach a staff member, contractor, or volunteer sexually. Staff, contractors, and volunteers may be criminally prosecuted for any sexual conduct with a resident.  Having sexual contact with a resident is a criminal act.

Retaliation:

Residents and staff have the right to be free from retaliation.  No negative consequences will occur to any resident or staff for reporting sexual abuse or assault. RVCP will protect residents and staff against retaliation.

Confidentiality:

Information concerning the identity of a resident victim reporting a sexual assault, and the facts of the report itself, shall be limited to those who have a need to know in order to make decisions concerning the resident victim’s welfare and for law enforcement / investigative purposes. RVCP staff members, contractors, and volunteers are required to keep reported information confidential and only discuss it with appropriate officials on a need to know basis.

Staff, Contractor and Volunteer Training:

All RVCP staff, contractors, and volunteers that will have contact with RRP residents are required to receive PREA training upon hire and a refresher training every two years.

The year staff members, contractors, and volunteers do not receive the refresher training they will be required to have receive training on current sexual abuse and sexual harassment policies, per the PREA standards.

Staff, Contractor, and Volunteer Discipline for Violations:

In keeping with RVCP’s zero tolerance policy for sexual abuse and sexual harassment of residents, any staff, contractor, or volunteer violating this policy will be subject to disciplinary measures up to and including termination.  RVCP will also assist in criminally prosecuting any staff member, contractor, or volunteer found to commit sexual abuse of a resident.

Sexual harassment of a resident may result in disciplinary actions, including a written warning, suspension without pay, assignment to another department or position, or termination.

Sexual abuse of a resident will result in immediate suspension with pay pending an investigation. If the staff member, contractor, or volunteer is found to have committed sexual abuse they will be terminated immediately and referred to the authorities for criminal prosecution