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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF CORRECTIONS

 

DIVISION 6

DISCRIMINATION COMPLAINTS (INMATE)

291-006-0005

Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of these rules is to establish Department of Corrections policy and procedures for inmates to obtain internal review, investigation, and resolution of perceived instances of unfair discriminatory practices and action by the department based on race, gender, color, national origin, religion, age, marital status or disability.

(3) Policy: Within the inherent limitations of resources and the need to maintain internal security, good order, and discipline in Department of Corrections facilities, the health and safety of inmates, staff and volunteers, and to promote inmate rehabilitation, it is the policy of the Department of Corrections:

(a) That all inmates are treated fairly, equitably, and that staff actions and decisions be consistent with the rules, policies, and procedures of the department.

(b) To permit and encourage inmates to seek resolution of issues or disputes related to perceived instances of discriminatory practices or actions using the department’s internal discrimination complaint system established in these rules.

(c) To promptly and thoroughly investigate any complaint alleging perceived discrimination and, if appropriate, take measures to resolve the issue.

(d) No person shall be discriminated against, intimated, threatened, coerced, or suffer any form of retaliation or reprisals, because the person has opposed unlawful discrimination, filed a complaint, testified, assisted, or participated in any manner, in any proceeding regarding unlawful discrimination or has attempted to do so.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 22-1986(Temp), f. 7-25-86, ef. 9-1-86; CD 40-1986, f. & ef. 10-17-86; CD 12-1995, f. & cert. ef. 7-7-95; CD 19-1997, f. 10-27-97, cert. ef. 11-1-97; DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0011

Definitions

(1) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public sector agencies who is serving under department sanctioned assignment to provide services or support to department programs.

(2) Department of Corrections (DOC) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.

(3) Disability: With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

(4) Discrimination Complaint Coordinator: An employee who is assigned by the functional unit manager to review and investigate incidents of perceived discrimination. In a DOC facility, the discrimination complaint coordinator may also be the grievance coordinator.

(5) Functional Unit Manager: Any person within the Department of Corrections who reports either to the Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or the coordination of program operations.

(6) Inmate Communication Form: An official Department of Corrections form (CD 214) commonly referred to as a "kyte or kite." The form is designed for inmate use in communicating with employees, volunteers, or contractors and allows employees, volunteers, or contractors to respond in writing, when appropriate, to the inmate.

(7) Inmate Discrimination Complaint Review Committee; A workgroup chaired by a manager designated by the Inspector General and made up of inmate grievance coordinators, discrimination complaint coordinators, the Chief of Inmate Services, and department subject matter experts. The committee meets monthly to review inmate discrimination complaints, investigations, and responses when a review has been requested by an inmate.

(8) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.

(9) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises.

(10) Volunteer; An approved person who donates time, knowledge, skill or effort to enhance the mission, activities and programs of the department.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075
Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0012

Inmate-Staff Communications (General Principles)

(1) Proper and effective communication between inmates and staff is essential to the safe, secure, and orderly operation of Department of Corrections facilities and to the successful completion of the inmate's corrections plans.

(a) Inmates and staff communicate with each other not only with their choice of words (oral or written), but also non-verbally through their manner, tone, and approach (commonly referred to as "body language").

(b) Inmates and staff are jointly responsible for ensuring their choice of words, manner, tone and approach are appropriate to properly and effectively convey their intended information and ideas to one another.

(2) Inmates shall communicate with staff in a civil and respectful tone and manner.

(3) Staff shall communicate with inmates in a professional manner that fosters respect and confidence. Staff orders directed to inmates should be clear and concise.

(4) Staff shall make every effort to respond to an inmate communication form (CD 214) within seven days of receipt.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075
Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0015

Internal Complaint Process

(1) General Information:

(a) An inmate that believes he/she has been subjected to discrimination by the department or by an employee, contractor, or volunteer of the department or the Oregon Corrections Enterprises on the basis of race, color, national origin, gender, religion, age, marital status, or disability may seek resolution of his/her complaint or issue through the department’s internal discrimination complaint process by completing the department’s approved discrimination form (CD 1086D) and submitting it to the designated functional unit discrimination complaint coordinator.

(b) If an inmate cannot complete the complaint form due to a language, physical, or competency or capacity barrier, another person may complete the complaint form.

 

(A) However, the inmate submitting the form must sign the discrimination complaint form.

(B) Translation services or other assistance for submission of an inmate discrimination form for non-English speaking inmates or inmates who have difficulty with reading and writing will be made available upon request.

(c) Inmates who have submitted a discrimination complaint shall be treated in a professional and respectful manner.

(d) Functional unit managers or designees shall ensure the approved inmate discrimination forms are available to inmates in DOC correctional facilities.

(2) An inmate cannot file a discrimination complaint regarding the following:

(a) Complaints relating to actions or decisions not within the authority of the department (as an example, actions by the Board of Parole, county jails or court action);

(b) Incidents or actions for which there exists a separate internal department appeal or review process; for example, rejection or confiscation of mail, visiting, classification issues, etc.

(c) Incidents or actions in which the inmate was not directly involved or affected;

(d) Claims or issues that the inmate is pursuing in pending litigation in state or federal courts; or

(e) Claims or issues for which the inmate has filed a Notice of Tort Claim with the Oregon Department of Administrative Services, Risk Management Division;

(3) An inmate may not file more than one discrimination form on a single incident or issue.

(4) An inmate may not file a discrimination complaint and a grievance regarding the same incident.

(5) An inmate may submit only his/her signature on a single discrimination complaint form.

(6) An inmate may file a discrimination complaint regarding the same issue as previously filed provided there is another incident and new information is available about the issue.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 22-1986(Temp), f. 7-25-86, ef. 9-1-86; CD 40-1986, f. & ef. 10-17-86; CD 12-1995, f. & cert. ef. 7-7-95; CD 19-1997, f. 10-27-97, cert. ef. 11-1-97; DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0031

How and When a Discrimination Complaint is filed

(1) When submitting an inmate discrimination complaint, inmates must include on the approved discrimination complaint form (CD 1086D), a complete description of the incident, action or application of rule that directly impacted the submitting inmate and how the inmate believes it has subjected him/her to discrimination.

(2) The discrimination complaint coordinator must receive the discrimination complaint within 30 calendar days of the last date of the incident giving rise to the discrimination complaint.

(a) The discrimination complaint coordinator will date stamp and log the discrimination form upon receipt.

(b) A discrimination complaint received more than 30 days after the last date of the incident giving rise to the complaint will be rejected as untimely.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075
Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0035

Processing of Inmate Discrimination Complaints

(1) Upon receiving an inmate discrimination complaint, the discrimination complaint coordinator will assign the complaint a number and record it in a discrimination log.

(2) After the complaint has been logged, the discrimination complaint coordinator will send a receipt to the inmate.

(a) If the discrimination complaint is rejected for failure to comply with the requirements and procedures for submitting discrimination complaints provided in these rules, the discrimination complaint coordinator will provide the inmate with a written statement of the reason(s) for the rejection on the receipt form.

(c) A copy of the denied complaint will be sent to the Director or designee.

(3) If the discrimination complaint is accepted for processing, the discrimination complaint coordinator will investigate the matter or, if more suitable, will coordinate with an appropriate manager to initiate an investigation into the alleged incident or issue. Staff may be required to submit written information for consideration by the discrimination complaint coordinator during the investigation of the incident.

(4) The discrimination complaint coordinator will complete the investigation and brief the functional unit manager.

(a) The functional unit manager or designee will prepare a response.

(b) The discrimination complaint coordinator will send the inmate the response within 60 calendar days from the date of receipt of the discrimination complaint, unless further investigation or review is necessary.

(c) If the discrimination complaint is not processed within this timeframe, the discrimination complaint coordinator will make an effort to notify the inmate of the status of the discrimination complaint.

(d) If the inmate does not receive a response within the allotted timeframe, he/she may contact the discrimination complaint coordinator for information regarding when he/she may expect a response.

(5) A copy of the discrimination complaint, investigative documents and the functional unit manager’s response will be sent to the Inspector General or designee.

(6) A copy of the discrimination complaint and functional unit manager’s response will be sent to the Director or designee.

(7) Discrimination complaint responses may be consolidated.

(8) If at any time the discrimination complaint coordinator determines that the inmate is pursuing his/her complaint or issue in pending litigation in state or federal courts, including submitting to state officials a Notice of Tort Claim, the discrimination complaint process will cease and the complaint will be returned to the inmate. The discrimination complaint coordinator will retain a copy of the inmate’s discrimination complaint and document the date and reason for return of the complaint.

(9) A discrimination complaint that has been returned to the inmate by the discrimination complaint coordinator for procedural reasons cannot be reviewed. An inmate may elect to resubmit the discrimination complaint if the procedural errors can be corrected.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075
Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0040

Discrimination Complaint Reviews

(1) An inmate may obtain a review of the department’s response to his/her discrimination complaint by sending an inmate communication form to the discrimination complaint coordinator requesting a review. The inmate must attach the original discrimination complaint, original attachments and the department’s response.

(a) The scope of the original complaint cannot be expanded. No additional information may be submitted unless it was unavailable to the inmate at the time the original discrimination complaint was filed, and the information is directly related to the alleged initial complaint.

(b) The discrimination complaint coordinator will date stamp and log the review request.

(c) The inmate will be sent a response to the inmate communication form stating the review was forwarded to the Inspector General and the Inmate Discrimination Complaint Review Committee.

(2) Review Timelines:

(a) The discrimination complaint coordinator must receive the inmate’s review request within 14 calendar days from the date that the department’s discrimination response was sent to the inmate from the discrimination complaint coordinator.

(b) Review requests received more than 14 days from the date that the department’s discrimination response was sent to the inmate will be rejected as untimely.

(c) An inmate‘s review request will be responded to by the Inspector General or designee within 60 calendar days from the date the review was received, unless further investigation is necessary.

(d) If the discrimination complaint review is not processed within this timeframe, the discrimination complaint coordinator will make an effort to notify the inmate of the status of the discrimination complaint. If the inmate does not receive a response within the allotted timeframe, he/she may contact the discrimination complaint coordinator.

(3) The review decisions made by the Inspector General or designee are final and not subject to further review.

(4) A copy of the review decision will be sent to the Director or designee.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075
Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

291-006-0045

Retention and Filing of Inmate Discrimination Complaints

(1) The discrimination complaint coordinator will retain a file copy of discrimination complaints with pertinent documents, including a review, according to the department’s approved retention schedule for these records.

(2) Inmate discrimination complaints will not be filed in the inmate’s working file.

Stat. Auth.: ORS 179.040, 423.020, 423.030, 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030, 423.075

Hist.: DOC 2-2011, f. 2-23-11, cert. ef. 3-1-11

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