The standards require that staff be subject to discipline for violating agency policies regarding sexual abuse, with termination the presumptive discipline for staff engagement in sexual abuse. For violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse), the standards call for sanctions to be commensurate with the nature and circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories. Terminations or resignations linked to committing acts of sexual abuse or violating such policies are to be reported to law enforcement (unless the conduct was clearly not criminal) and relevant licensing bodies.
STANDARDS. Click on the following links to access the discipline standards for Adult Prisons and Jails, Community Confinement Facilities, Juvenile Facilities, and Lockups.
Discipline - Resources - General
General
- Legal Responses to Sexual Violence in Custody: Using Existing State Mandatory Reporting Statutes to Improve Disclosure of Sexual Violence in Correctional Settings, Brenda V. Smith, Loren Ponds, and Melissa Loomis (2013).
- Sexual Abuse in Custody: A Case Law Survey, Brenda V. Smith and Melissa C. Loomis in collaboration with the National PREA Resource Center (2013).
- Cross-Gender Searches: A Case Law Survey, Brenda V. Smith and Melissa C. Loomis in collaboration with the National PREA Resource Center (2013).
- Legal Responses to Sexual Violence in Custody, Sex Offender Registration Statutes: Impact on Addressing Sexual Abuse in Custodial Settings, Brenda V. Smith and Mary Elizabath Pavlik (2012).
- Fifty State Surveys of State Criminal Laws, The Project on Addressing Prison Rape.
- Fifty-State Survey of State Criminal Laws Prohibiting Sexual Abuse of Individuals in Custody (2010).
- Fifty-State Survey of Mandatory Reporting Laws (2012).
- Fifty-State Survey of Abuse of Vulnerable Persons Statutes (2012).
- Fifty-State Survey of Adult Sex Offender Registration Requirements (2010).
- Fifty-State Survey of Juvenile Sex Offender Registration Requirements (2009).
- Fifty-State Survey of Official Misconduct Statutes (2009).
- Fifty-State Survey of State Criminal Laws Addressing the Sexual Exploitation of Minors (2011).
- Fifty-State Survey of State Criminal Laws on Sexual Abuse (2012).
- Labor and Employment Law: Tools for Prevention, Investigation and Discipline of Staff Sexual Misconduct in Custodial Settings, The Project on Addressing Prison Rape (2009).
- A Memo Regarding Anti-Fraternization Policies and Case Law in the Ninth Circuit, The Project on Addressing Prison Rape (2006).
- Legal Responses to Sexual Violence in Custody: State Criminal Laws Prohibiting Sexual Abuse of Individuals Under Custodial Supervision, The Project on Addressing Prison Rape (2009).
- Prosecuting Sexual Violence in Correctional Settings: Examining Prosecutors’ Perceptions, Brenda V. Smith and Jaime M. Yarussi (2008).
Discipline - Resources - Community Confinement Facilities
Community Confinement Facilities
- Preventing and Responding to Corrections-Based Sexual Abuse: A Guide for Community Corrections Professionals, Carrie E. Abner, Jane Browning, and John Clark (2009).
- Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Community Corrections, National Prison Rape Elimination Commission (2008).
Discipline - Resources - Lockups
Lockups
- Enhancing Law Enforcement Response to Victims, Office of Victims of Crime and International Association of Chiefs of Police.