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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 h

May 18, 2018

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should be mindful to use respectful and appropriate language, and avoid terminology that could be viewed as offensive, outdated, or a slur.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.”

Definitions
115.5
115.6