Please note that Standards referenced throughout this FAQ often apply to multiple sets of PREA Standards. Along with different standard numbers, the different sets of standards use different terminology to refer to the population they house including “inmate,” “detainee,” and “resident.” When referencing a standard that applies equally to all facilities covered under PREA, the language in the question and answer will, unless specified, refer to the Adult Prisons & Jails standard numbers and use the term “inmate” to refer generally to the populations in those facilities. The FAQ search functionality uses the standard numbering from the Adult Prisons and Jails, regardless of the specific setting. When a standard is selected, the search will identify all FAQs related to that standard across all standard settings.
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Do the PREA Standards require that the terminology and/or definitions that a correctional agency uses in policies, lesson plans, educational materials, and other documentation for terms defined by the PREA Standards, including “sexual abuse” and “sexual harassment,” match precisely the definitions in Standard 115.5 and Standard 115.6?
No. Agencies need not use the precise verbiage of the definitions specified in the PREA Standards when using those terms in policies, lesson plans, educational materials, or other documentation relevant to the PREA Standards. So long as, when referencing a term defined in Standard 115.5 and Standard 115.6, the agency documentation and definitions accurately and completely reflect all of the information contained in the PREA Standard definitions, the agency need not quote the definitions in Standard 115.5 and Standard 115.6 verbatim.
Agencies should be mindful to use respectful and appropriate language, and avoid terminology that could be viewed as offensive, outdated, or a slur. The importance of appropriate and professional language should be conveyed through PREA training and educational materials.
Finally, if agencies choose to deviate from the definitions of “sexual abuse” and “sexual harassment” laid out in PREA Standard 115.6, they should take care not to minimize the weight of these terms with lesser terms such as “sexual misconduct,” “undue familiarity,” or “official misconduct.” If state law uses such lesser terms in prohibiting conduct that is defined as “sexual abuse” or “sexual harassment” by the PREA Standards, the criminal code may be cited, specifically noting the underlying conduct constitutes a violation of the PREA Standards. For example: “The offense conduct for a criminal violation of ‘undue familiarity’ also constitutes ‘sexual abuse’ under the PREA Standards.”
What constitutes “repeated” to satisfy the definition of “Sexual harassment”?
Sexual harassment includes—
(1) Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate, detainee, or resident directed toward another; and
(2) Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or 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.
"Repeated,” in the context of this provision, means more than one incident. Please note that the seriousness of the conduct should be taken into account in determining the appropriate commensurate response by the agency or facility. Serious misconduct along these lines, even if committed once, should still be addressed by the agency or facility.