The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF CORRECTIONS

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: To set forth a uniform process for the disposition of complaints from inmates alleging prohibited discrimination in accordance with federal and state laws, rules, regulations, and guidelines. Prohibited discrimination is that:

(a) Discrimination based upon race, color, national origin, sex, religion, age, marital status, or handicap of an individual or class of individuals;

(b) Discrimination based upon the race, color, national origin, sex, religion, age, marital status, or handicap of any other person or class of persons with whom an individual associates; or

(c) Discrimination because an individual has opposed prohibited (unlawful) discrimination, filed a discrimination complaint, testified, assisted or participated in any manner in any proceeding regarding prohibited (unlawful) discrimination or has attempted to do so.

(3) Policy: It is the Department of Corrections policy to promptly and thoroughly investigate any complaint alleging discrimination or retaliation and, if appropriate, take measures to resolve the issue through the procedures outlined herein. The Department of Corrections assures maximum possible anonymity to complaints and guarantees nonretaliation to complainants. 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 of has attempted to do so. No employee shall perform, aid, abet, incite, compel, or coerce the doing of any forbidden acts of discrimination. The Department of Corrections also acknowledges the right of complainant to file formal charges with appropriate agencies.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 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

291-006-0015

Internal Complaint Process

(1) General Information:

(a) Any inmate who believes that he/she, or any specific class of persons is subjected to discrimination on the basis of race, color, national origin, sex, religion, age, marital status, or handi-cap, may themselves, or by representative, file a written complaint.

(b) If an inmate cannot complete the complaint form due to language barrier, physical barrier, or competency/capacity barriers, another person may complete the complaint form. Where there is a language barrier, a translation/translator shall be provided in the dominant language of the inmate.

(c) No person who has filed a complaint, testified, assisted, or participated in any manner in the investigation of any complaint shall be intimidated, threatened, coerced, or discriminated against for doing so.

(d) The identity of any person submitting a complaint shall be held in confidence, unless the person submits written authorization otherwise, and except to the extent necessary to carry out the conduct of any investigation, hearing or proceeding.

(2) Process:

(a) A written complaint shall be submitted by an inmate to the functional unit manager of the unit to which the inmate is assigned. The complaint must be filed within 180 days of the alleged act of discrimination. Time for filing the complaint may be extended by the Director.

(b) The functional unit manager or his/her designee shall:

(A) Notify the inmate, in writing, of their right to file a complaint with appropriate federal departments immediately upon receiving a complaint of discrimination.

(B) Send a copy of the complaint to the Director and the Office of the Inspector General.

(C) Conduct a prompt and thorough investigation of a complaint within 90 days of the complaint being filed. A copy of the completed investigation shall be sent to the Office of the Inspector General for review and any further investigation.

(D) Advise the complainant, within 90 days of the complaint being filed, of the findings of the agency regarding his/her complaint in writing; the response shall state the reasons for the decision reached and shall include a statement that the inmate is entitled to further review and shall contain simple directions for obtaining such review.

(c) The inmate shall be entitled to review by a person or other entity, not under the supervision or control of the functional unit to which the inmate is assigned. This review shall be processed from initiation to final disposition within 90 days. The results of the review shall be provided to the complainant in writing.

(d) If discrimination has occurred, the Department of Cor-rections shall take all necessary action to correct the discriminatory effect and practice(s).

(3) A copy of the inmate discrimination complaint will be kept on file in the Inspections Division for two years, then properly destroyed.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 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

291-006-0020

External Complaint Process (i.e., Formal Complaints Filed with Outside Agencies)

All external discrimination complaints other than employment from charging agencies shall be forwarded to the Director of his/her designee immediately upon receipt.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.020, ORS 423.020, ORS 423.030 & ORS 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

291-006-0025

Development of Action Plan(s)

(1) The affected functional unit manager and/or the Director will, where appropriate, confer and review the nature of any inquiry, allegation or finding of discrimination.

(2) The Director shall have the final authority

to determine the course of action to be taken in any matter, and authorize any formalized communication on the subject.

(3) Where legal issues are involved, the advice and counsel of the Attorney General's Office may be obtained.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.020, ORS 423.020, ORS 423.030 & ORS 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