Over familiarity That ‘can’ lead to Staff Sexual Misconduct

1. Over familiarityThat ‘can’ lead toStaff Sexual Misconduct Teama McGregor

2. Welcome

3. Learning Objectives 1. Identify “Red Flags” of Staff Sexual Misconduct / Over Familiarity 2. Learn strategies that have emerged since inception of PREA to address Staff Sexual Misconduct 3. Identify three ways PREA is designed to raise awareness 4. Know what to do if you have information or suspicion regarding any Staff Sexual Misconduct

4. New Employee Orientation • " Over familiarity " means conduct between a staff member and an offender which has or is likely to result in intimacy or a close personal association, or conduct that is contrary to the good order of the institution or facility.

5. "Code of Ethics" Prohibits staff from abusing their power or establishing any form of a personal relationship with an offender. Staff also are required to sign that they have read the rules of conduct and sexual misconduct. Any violation of policies can be grounds for disciplinary action, up to including dismissal.

6. Staff Sexual Misconduct: AD-PR-33 Iowa DOC has Zero Tolerance for Sexual Misconduct/Harassment/Assault

7. Zero- Tolerance Compliance Examples of compliance: • Agency has a written policy mandating zero tolerance toward all forms of sexual abuse • Enforces policy by ensuring step[s are taken to prevent staff sexual misconduct • Posters in and around facility • Wardens and management working with key staff creating an understanding of zero tolerance through training. • Immediate actions by management when violations are discovered and supported by disciplines.

8. What is Sexual Misconduct Sexual misconduct is defined as conduct of a sexual nature by staff that is directed toward offenders under the care, custody, and supervision of the department. This includes such acts as sexual contact, sexual abuse, invasion of privacy, intimacy, or behavior for sexual gratification.

9. Sexual Misconduct Sexual misconduct includes: Acts of sexual abuse Sexual contact Sexual assault Unlawful sexual relations Sexual harassment

10. Sexual Misconduct Is: Touching, rubbing, patting, etc. Kissing Penetration Notes, letters, or comments

11. Impact of Sexual Misconduct • Jeopardizes facility security • Creates stress and trauma for those involved • Exposes the agency and staff to liability • Creates a hostile work environment • Undermines the public’s support of correctional personnel

12. Impact of Sexual Misconduct • Compromises professionals • Victimizes the already vulnerable • Violates the law • Can result in criminal charges against the staff member. Iowa Code 709.16 (2010) • Diminishes legislative support for funding and reforms • Creates mistrust within the facility

13. The strategies that have emerged: Policies that establish the agency’s zero tolerance for sexual misconduct Definitions of prohibited behavior that are specific for both employees and offenders Multiple ways for employees and inmates to report allegations Operational procedures that support zero tolerance

14. Strategies cont: Strong investigative policies and protocols Training of employees, volunteers, and contractors and Orientation of offenders to the agency’s policies

15. Staff Sexual Misconduct Conduct between a staff member and an offender which has or is likely to result in intimacy or a close personal association, or conduct that is contrary to the good order of the institution or facility also known as? • A Code of Ethics • B Over Familiarity • C Zero Tolerance • D None of the above

16. Code of Ethics Prohibits staff from abusing their power or establishing any form of a personal relationship with an offender. A True B False

17. What is the impact of Sexual Misconduct A Jeopardizes facility security B Creates stress and trauma for those involved C Exposes the agency and staff to liability D Creates a hostile work environment E Undermines the public’s support of correctional personnel F All of the above

18. Red Flags – Are We Paying Attention to Staff? Over-identifying with the offender ("my offender") or their issues (i.e. blind to offender’s actions Horse-play, sexual interaction between staff and offender Offenders knowing personal information about staff Isolation from other staff Isolation of work area where staff work alone with offenders for hours Staff having letters, home telephone numbers, or photos of offenders family. Staff granting special requests or showing favoritism Offenders in an unauthorized area, or repeatedly out of their assigned place

19. Red Flags – Are We Paying Attention to Staff?Cont: Staff spending an unexplainable amount of time with an offender Telephone calls to and from staff/inmates Inmate grape-vine, inmate/staff rumors Staff in the facility during "off hours" Pregnancy or a diagnosis of STD Staff overly concerned about an inmate Drastic behavior change on the part of an inmate or staff Staff having sole involvement with one offender

20. Prison Rape Elimination Act: A Federal Law That’s Designed ToRaise Awareness of and Prevent Rape in Prison To increase available data and information on the number of incidents of prison rape. The intent is to improve the management and administration of the facilities and reduce prison rape by increasing correctional employees’ awareness. It focuses on both: Offender on offender and Staff-on-offender sexual misconduct.

21. Staff have a duty to report Suspicion or information regarding any incident of sexual misconduct.

22. Sexual Misconduct Lets Review Because of the disparity of power between offenders and staff, they will never be viewed as having a consensual relationship. PREA Code of Ethics Establishment of Zero Tolerance Staff have a duty to report

23. Working Towards Keeping Inmates Free from Sexual Violence Use knowledge and achieve safety within the facility Get training and experience Get familiar Time Spent

24. Consensual Relationships • Sexual contact between an offender and staff is never consensual even if the offender consents, initiates, or pursues the contact. • Inherent difference in power between staff and offenders makes any consensual relationship impossible. • Potential abuse of inherent power is at the core of staff sexual misconduct.

25. Iowa Code Sections • 709.16: Sexual misconduct with offenders…commits an aggravated misdemeanor. • 709.15: Sexual exploitation by a counselor or therapist can be punishable as a Class “D” felony.

26. Doing Your Best Work • Understand staff sexual Misconduct • Follow operational procedures & zero tolerance practice • Attend annual training • Report suspicion of sexual misconduct • Don’t cross the line • Use ethical judgment at all times

27. Sexual Misconduct • Sexual contact between an offender and staff is never consensual even if the offender consents, initiates, or pursues the contact. • A True • B False

28. Sexual Misconduct • Potential abuse of inherent ______is at the core of staff sexual misconduct? • A Code of Ethics • B Inherent difference • C Power • D None of the above

29. The Des Moines RegisterJanuary 9, 2006 “3 Iowa inmates share $160,000 to settle suits” “The sex abuse charges against an Officer push officials to do more to protect offenders.”

30. Case Study • VIDEO

31. Discussion • What we can learn from Tina • Best practices • Take-away

32. Changes in normal behavior for that person Change in appearance Signs a Co-worker is in Trouble Co-worker is in Trouble

33. Signs a Co-worker is in Trouble • Significant life crisis • Unusual, off routine activity at work

34. Signs a Co-worker is in Trouble • Defensive or protective about certain offenders • Increase in use of alcohol or drugs

35. Review of Policy • AD –PR-33-Staff Sexual Misconduct with Offenders

36. Duties of Staff • Staff will adhere to all procedures and guidelines of sexual misconduct. • All allegations and incidents between staff and offenders will be immediately reported. Thus, Mandated Reporting of any allegations. • Staff will cooperate and not interfere with the investigative process. Failure to cooperate will result in corrective action including discipline. • Staff will not retaliate upon knowledge of sexual misconduct allegations.

37. Why is PREA important to US? BECAUSE IT’S THE RIGHT THING TO DO!

38. Summary • Zero tolerance / It is against the law • Seldom are relationships with offenders a secret. • Professional judgment is compromised in a relationship with an offender. • These actions will be taken seriously as they are considered a serious breech of security and will not be tolerated.

39. How to Avoid Problems • Always be professional. • Maintain good personal physical and emotional boundaries. • Be careful about conversations, jokes with sexual innuendos. • Do not touch an offender unless it is work- related. • Do not make decisions on credibility of offender. • Document, Document, Document

40. How to Avoid Problems • Know your policy on pat searches of offenders of the opposite gender. • Offenders should never touch staff, handshakes are okay, if acceptable at your facility. • Avoid excessive staring at offenders also known as voyeurism.

41. Resources • Breaking the Code of Silence: Correctional Officers' Handbook on Identifying and Addressing Sexual Misconduct with Offenders NCJ 219611, Brenda V. Smith J.D.; Jaime M. Yarussi M.S., 2007, (132 pages).PDF NCJRS Abstract • CORRECTIONS OFFICIALS REPORTED MORE THAN 6,200 SEXUAL VIOLATIONS IN THE NATION'S PRISONS AND JAILShttp://www.ojp.usdoj.gov/newsroom/pressreleases/2006/BJS07302006.htm

42. Resources Prison Rape | National Institute of Justicehttp://www.ojp.usdoj.gov/nij/topics/corrections/institutional/prison-rape/welcome.htm

43. Questions?

44. Who’s Who