DBI residential staff shall have zero tolerance for sexual abuse and sexual harassment of residents
DBI will ensure that preventative plans are in place and should allegations regarding sexual abuse or harassment be made, that staff are appropriately trained to take actions to rapidly restore safety, attend to and support the victim and promptly initiate the investigative process.
To prevent incident s of sexual abuse and sexual harassment and to take prompt, effective and compassionate action if allegations of sexual abuse or harassment are made.
All DBI staff
Resident-on resident sexually abusive penetration: Any sexual penetration by a resident of another resident. The sexual acts included are: contact between the penis and the vagina or the anus; contact between the mouth and the penis, vagina or anus; or, penetration of the anal or genital opening of another person by a hand, finger or other object.
Resident on resident sexually abusive contact: Non-penetrative touching (either directly or through the clothing) of the genitalia, anus, groin breast, inner thigh, or buttocks without penetration by a resident of another resident, with or without the latter’s consent, or of a resident who is coerced into sexual contact by threats of violence, or of a resident who is unable to refuse.
Resident on resident sexual harassment: Repeated and unwelcome sexual advances, requests for sexual favors, verbal comments, or gestures or actions of a derogatory or offensive sexual nature by one resident directed toward another.
Staff on resident sexually abusive contact: Includes non-penetrative touching (either directly or through the clothing) of the genitalia, anus, groin, breast, inner thigh or buttocks by a staff member or a resident that is unrelated to official duties.
Staff on resident sexually abusive penetration: Sexual penetration by a staff member of a resident, including contact between the penis and vagina or anus; contact between the mouth and penis, vagina, or anus, or penetration of the anal or genital opening of another person by a hand, finger or other object.
Staff on resident indecent exposure: The display by a staff member of his or her uncovered genitalia, buttocks, or breast in the presence of a resident.
Staff on resident voyeurism: An invasion of a resident’s privacy by staff for reasons unrelated to official duties or when not otherwise necessary for safety or security reasons.
Staff on resident sexual harassment: Repeated verbal comments or gestures of a sexual nature to a resident by a staff member. Such statements include demeaning references to a gender, sexually suggestive or derogatory comments about body or clothing, or profane or obscene language or gestures.
Staff sexual misconduct: Includes any behavior or act of a sexual nature directed toward a resident by an employee, volunteer, contractor, official visitor, or other agency representative. Sexual relationships of a romantic nature between staff and youth are included in this definition.
Staff Exploitation: Includes allowing, permitting, or encouraging a child to engage in prostitution, or allowing, permitting, encouraging or engaging in the photographing, filming or depicting of a child engaged in a listed sexual act as defined in MCL 750.145c.
V. STANDARD OPERATING PROCEDURE
A. Providing Sexual Assault/Rape Prevention Information to Youth
1. DBI’s youth orientation process includes policies and procedures relating to prevention of and response to reports of sexual assault/rape. This orientation occurs within the first 10 days of a youth’s admittance day and an annual refresher is provided. The information includes but is not limited to:
a. DBI’s Zero-tolerance policy
b. Self-protection including avoiding risky situations related to sexual assault prevention/intervention.
c. Reporting procedures; how to report rape, sexual activity, sexual abuse, or sexual harassment. Multiple reporting options at DBI including: (1)Verbally to any staff, therapist or administrator; 2) in writing to any staff, therapist or administrator; 3) in writing through the youth and family grievance process; and 4) Externally by telephoning Children’s Protective Services. Anonymous and third party reports are also accepted.
d. Treatment and counseling, how to obtain counseling services and/or medical assistance if victimized.
e. Protection against retaliation
f. Risks and potential consequences for engaging in any type of sexual activity while at the facility
g. Disciplinary action(s) for making false allegations
2. The information is provided verbally and in written form in language and format youth can understand.
3. Video presentations may supplement the content of information given to youth but direct verbal and written information are also provided.
4. Each resident will sign a written acknowledgment form for the sexual assault/rape prevention portion of the orientation.
5. The signed acknowledgement form will be filed in the youth’s clinical record.
B. Youth Assessment
1. The residents behavior history will be reviewed within 72 hours of arrival at DBI as part of orientation to determine the resident’s potential risk of sexual vulnerability based on the following risk factors:
b. Physical Stature
c. Developmental Disability
d. Mental Illness
e. Sex Offender status (per offense history)
f. First time offender status
g. Past history of victimization
h. Physical disabilities and the residents own perception of vulnerabilities.
2. The youth will be evaluated as part of orientation to determine if the youth is prone to victimize other youth, especially in regard to sexual behavior, based on the following risk factors:
a. History of sexually aggressive behavior
b. History of violence as related to sexual offense
c. Anti-social attitudes indicative of sexually aggressive behavior
3. DBI will use all information obtained to make housing, bed, program, education and work assignments for residents with the goal of keeping residents safe from sexual abuse.
4. Lesbian, gay, bisexual, transgender, or intersex (LGBTI) residents will not be housed solely on the basis of such identification or status. In addition, DBI will:
a. Decide on a case by case basis whether to place a transgender or intersex youth in a facility for male or female residents. Placement decisions will be based on whether the placement would ensure the residents health and safety, and whether the placement would present management or security problems. The youth’s own view of his gender identity will be considered when determining placement.
b. Review placement and programming assignments at least twice each year to assess any threats to safety experienced by the resident.
c. Allow transgender and intersex youths the opportunity to shower separately from other residents.
5. A youth may be isolated from other youth as a preventative and protective measure, but only as a last resort when other less restrictive measures are inadequate to keep the youth safe from other youths, and then only until an alternate means of keeping all youths safe can be arranged. During any periods of protective isolation, DBI staff will not deny a youth otherwise under control, access to daily large muscle exercise and legally required educational programming or social education services. Any youth in isolation will receive daily visits from a medical or mental health care clinician and will have access to other programs to the extent possible.
6. Assessment activities will be documented.
C. Staff Training on Offender Sexual Assault/Rape Prevention and Reporting
1. All facility staff and contractors and volunteers that have regular contact with youths will complete initial and annual training for sexual assault/rape prevention, incident response, and reporting. At the conclusion of each training session, all trainees will sign that they attended and understood the training. This signature sheet will be kept according to the record retention schedule.
2. All DBI staff will be required to read this policy and all DBI polices including PREA related information prior to assuming duties with youth, when policy or procedure changes occur and at least annually. Staff will sign written acknowledgement that they have read and understood the policies and procedures. The signature sheet will be kept on file according to the record retention schedule.
D. Staff Supervision Relative to PREA Standards
1. Staff will recognize that sexual assault/rape can occur in virtually any area in the residential facility. Facility requirements for line of sight supervision and staff to youth ratios apply at all times.
2. Staff will be aware of warning signs that may indicate that a youth has been sexually assaulted or is in fear of being sexually assaulted. Warning signs include but are not limited to: Isolation, depression, lashing out at others, refusing to shower, suicidal thoughts or actions and seeking protection from staff.
3. DBI staff will be aware of sexually aggressive behavior. Characteristics or warning signs may include but are not limited to: A prior history of committing sex offenses, use of strong arm tactics (extortion), associating or pairing up with youth that meets the profile of a potential victim, exhibiting voyeuristic and/or exhibitionistic behavior, and a demonstrated inability to control anger.
E. Youth Response to Sexual Assault/Rape
1. Youths will be supported and encouraged to report sexual assault/rape, attempted sexual assault/rape, and sexual harassment and be protected from retaliation. A youth that believes that they were the victim of a sexual assault/rape, attempted sexual assault/rape or sexual harassment, or believes another youth was the victim of sexual assault/rape, attempted sexual assault/rape, or sexual harassment, must report this information to a staff member. Youths may also write down their report and turn it in to staff, or use the facility grievance process to report. Youth may also report the sexual abuse to sources outside the facility such as his or her case worker or child protective services (CPS).
If a youth requests to report outside of the facility, the following will occur:
a. Contact the on-duty shift supervisor, Therapist or administrator to facilitate the call. The call is confidential. The Supervisor/Therapist/Administrator will not listen to the youth’s reporting.
b. The Supervisor/Therapist/Administrator will maintain line of sight supervision of the youth at all times.
c. Following completion of the call, the Supervisor/Therapist/Administrator will notify the Program Director or designee and report that a youth made a call to the hotline.
Note: Calls to the Child Protective Services hotline are confidential however it could occur that a youth also volunteers information to staff about sexual abuse. If at any time a youth discloses information about sexual abuse to any DBI personnel then staff must respond in accordance with the procedures listed under “Staff Response to Sexual Abuse/ Rape”.
F. Staff Response to Sexual Assault/Rape
Staff must report immediately any knowledge, suspicion, or information that they receive regarding: An incident of sexual abuse or sexual harassment that occurred in a facility, whether or not the facility is part of the agency; retaliation against residents or staff that reported such an incident; and/or staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.
1. Staff receiving a report of sexual assault/rape or attempted sexual assault/rape, or staff that become aware of sexual activity between residents or between a resident and staff, contractor, visitor or volunteer must immediately report this event tot Supervision. The supervisor must immediately relay the report to the facility director or designee. That administrator is responsible for notifying BCAL.
2. The staff member receiving the report of actual or suspected sexual abuse or rape must submit and Incident Report before the end of their work shift. A DHS-3200, Report of Actual or Suspected Child Abuse or Neglect, will be submitted within 72 hours of becoming aware of the incident. Child Protective Services will be contacted by phone within 24 hours.
3. If it is believed or determined that a sexual assault/rape occurred and that the alleged sexual assault/rape occurred with the last 96 hours, the facility Director or designee must make immediate arrangements to transport the youth to the facility-designated emergency room for a rape kit and the area where the incident occurred will be secured for evidence collection and maintained secure per instructions of local law enforcement. If the perpetrator of the alleged abuse is another youth he or she will also be sent to the ER to complete a rape kit. If it is believed or determined that a sexual assault/rape occurred more than 96 hours previous, the emergency room or facility Doctor must be contacted for further instructions.
4. Following emergency response and completion of the rape kit (if applicable) a youth believed or determined to have been the victim of sexual assault/rape will also be examined by medical staff for possible injuries, regardless of when the alleged sexual assault occurred. Female youths must be provided pregnancy tests.
5. Victims and perpetrators of sexual assault will be encouraged to complete tests for sexually transmitted diseases, including an HIV test. In the case of a substantiated incident of sexual assault, the perpetrator will be requested to complete an HIV test. If the perpetrator will not voluntarily take an HIV test, the facility Director or designee will seek a court order compelling the test.
6. The victim of sexual assault/rape or attempted sexual assault/rape will be provided mental health assistance and counseling as determined necessary and appropriate.
7. The facility Director or designee will notify the DHS Bureau of Child Welfare Funding and Juvenile programs of the incident.
8. The facility director or designee will ensure that incidents of sexual abuse/rape, findings from investigations, and other pertinent information is reported to the youth’s court of jurisdiction, the youth’s worker, and the youth’s parent or legal guardian.
9. Records of allegations involving an employee will be kept for as long as the employee is employed or the youth is in residence, plus five years.
10. If a report is received of sexual abuse from another facility, the facility Director must report Director to Director to the other facility within 72 hours. (Al other applicable reporting requirements still apply)
11. A designated facility employee shall monitor staff and youth to prevent retaliation for a minimum of 90 days after a sexual abuse report is made.
G. Alternate Housing Placement of Victims and Perpetrators.
The DBI Director or designee will take immediate steps to protect the alleged victim from further potential sexual assault or rape (if still at the facility) by separating the alleged victim from the alleged perpetrator(s) including arranging for separate housing, dining, and/or other elements of daily routine to the extent necessary to ensure protection.
H. Investigation Protocols
Each incident of alleged or reported sexual abuse or sexual assault/rape must be investigated to the fullest extent possible. Evidence collected must be maintained under strict control. Based on the results of the investigation, DBI Administration and prosecuting authorities will meet to determine if prosecution is appropriate.
1. Suspected or alleged youth on youth rape, sexual assault, or forced sexual activity with or without sexual penetration:
a. The victim and alleged perpetrator must be separated, kept isolated from each other, and prevented from communicating.
b. Reporting must occur as listed in section F above.
c. If the assault is alleged to have occurred within the past 96 hours, the victim will be transported to the emergency personnel. If the assault is alleged to have occurred more than 96 hours earlier, the hospital or facility doctor will be contacted for instructions.
d. Qualified investigators will take victim statements, open an investigation, and if applicable collect physical evidence.
e. The area where the suspected assault took place will be sealed off until investigators can gather evidence or have given instruction. Note: Staff or medical personnel can enter the area if it is necessary to ensure youth safety, for example if a victim needed medical attention or first aid before being transported, but efforts must be made to disturb the area as little as possible.
f. Any clothing or articles belonging to the victim will be left in place and not handled or disturbed until investigators have gathered evidence or provided guidance on handling of evidence. The victim will not be allowed to shower or change clothing before being transported to the hospital.
g. Staff will not extensively interview victims or alleged perpetrators for incident details beyond obtaining the basic information necessary to inform further actions that must be taken, such as separation of victims and perpetrators, facilitating for victim medical needs, etc.
h. Staff will submit an Incident Report before the end of their shift. Incident Reports must contain all facts as known, including the victim’s statement of allegation in the victims own words. Incident reports must not express the writer’s opinion.
i. Staff must not discuss the details of sexual abuse allegations or incidents, beyond the extent needed to maintain safety and security at the facility, with persons other than Supervision/Management, investigators and prosecuting officials.
2. Suspected or alleged staff on youth sexual activity of any type.
a. Reporting must occur immediately, as listed in Section F above.
b. The DBI Director or designee must make all required notifications, including notification to the suspected employee restricting work activities.
c. Pending notification from the Director or designee, the suspected employee will not be in direct contact with facility residents.
d. If there has been suspected or alleged sexual activity of any type the victim is transported for a forensic examination and evidence is protected using the same procedures as listed in items c through g Section H, Number 1, above.
3. Any other intentional youth on youth sexual touching (non-penetrative touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks without penetration by a resident of another resident, with or without the latter5s consent) and/or alleged or suspected youth on youth sexually abusive contact:
a. If reported by youth, observed, or suspected, duty staff must alert Supervision. Supervision must ensure that duty staff document information in an Incident Report and must ensure that duty staff document information in an Incident Report and must ensure that Youth safety is restored or maintained.
b. The facility Director or designee must be notified immediately.
c. The facility Director or designee determines applicable reporting responsibilities and ensures that reporting occurs as required.
d. The facility Director or designee makes required notifications as applicable.
I. Independent Audits and Agency Monitoring and Reporting, Data Collection
1. In addition to internal administrative review and analysis, the BCAL reviews, an independent and qualified auditor must audit the agency at least every three years. DBI will allow auditors to access and tour the facility, review documentation and records, and interview residents and staff.
2. DBI will designate a PREA compliance manager that has the time and authority to oversee facility compliance efforts.
3. DBI shall make information to the public available on how to report sexual abuse and sexual harassment on behalf of residents, information on its zero tolerance policy for sexual abuse/rape of residents, and sexual abuse data reports.
4. DBI management will review each incident of sexual abuse for cause, staffing, and physical barriers, and make recommendations for prevention and implementation of remedy(s).
5. The facility must develop, document, and implement a staffing plan that provides for adequate levels of staffing and, where applicable, video monitoring to protect residents from sexual abuse. At least annually, DBI Administration and the facility PREA compliance manager must review the plan to ensure:
a. Generally accepted secure residential practices are met.
b. Findings of inadequacy are addressed.
c. Adequate numbers of Supervisory personnel.
d. Physical plant inadequacies, such as “blind spots” on video monitoring systems are addressed to the maximum extent possible.
e. Responses are made where there is a prevalence of sexual abuse reporting on a certain shift, in a certain location, with certain personnel, or as pertaining to other factors.
6. Mid or upper level DBI Management will make documented unannounced rounds to identify and deter staff sexual misconduct and sexual abuse.
7. The conduct and treatment of residents or staff that report an abuse incident, or are cooperating witnesses, must be monitored by mid or upper level management for at least 90 days.
8. The facility must collect accurate, uniform data for every allegation of sexual abuse. At a minimum the data must be sufficient to answer all questions on the annually required Survey of Sexual Violence. Aggregated data must be:
a. Reviewed in order to assess and improve sexual abuse prevention, detection, and response practices.
b. Made available to the public through a public Website or some other means at least annually. (Note: Personal identifiers must be removed.)
J. Exhaustion of Administrative Remedies
1. The facility must issue a final decision (initial decision and appeal decision if appealed) on the merits of a grievance alleging sexual abuse or harassment within 90 calendar days of the initial filing of the grievance.
2. The facility may claim an extension of time to respond of up to 70 calendar days if the normal time period for a response is insufficient to make a decision. The facility must notify the youth and the youth’s parent /guardian in writing of any such extension.
3. Third parties, including fellow youths, staff, family, attorneys, and outside advocates may assist a youth filing grievances relating to allegations of sexual abuse and harassment. If a third party, other than the parent or guardian, files a grievance on the youth’s behalf, the facility must request as a condition of processing that the alleged victim agree to the grievance filed on his behalf and may also require that the alleged victim pursue any subsequent steps in the remedy process. If the alleged victim declines to have the grievance processed on his behalf, the facility must document the youth’s decision.
K. References to Policy Related to Prevention of Sexual Abuse/Rape
Other policies in this policy manual support and address the PREA standards in addition to regulating other activities. Listed below are related DBI policies:
II.A. Staff Training Hiring and Practices
II.B. Staff Boundaries
III. D Privacy and Confidentiality
III.C. Resident Abuse and Neglect
IV. D. Resident Rights
IV.L. Cultural Competency
V.G. Risk Prevention Management
VII.B. Therapeutic Assessment
VII. E. Staffing Plan
VII.L. Room Assignment Procedure
IV.A. Resident Grievance Procedure
VIII.E. Updated Treatment Plan
VII.K. Intake Procedures
II.A. Training and Hiring Policy
VI. QUALITY ASSURANCE:
The Detroit Behavioral Institute – Capstone Academy Quality Improvement Committee shall monitor adherence to the policy and procedures as one element of its overall quality assurance processes. The Detroit Behavioral Institute – Capstone Academy Policy and Procedure Manual is reviewed annually by the Detroit Behavioral Institute – Capstone Academy Steering Committee and is approved annually by the Executive Committee.
VII. COMPLIANCE WITH ALL APPLICABLE LAWS:
The Detroit Behavioral Institute – Capstone Academy is bound by all applicable federal, state and county laws, standards, provisions, rules, regulations, policies, and guidelines. These laws, standards, provisions, rules, regulations, policies, and guidelines include but not limited to all applicable Council On Accreditation (COA) Standards, State of Michigan Department of Human Services Bureau of Children & Adult Licensing Provisions, Juvenile Justice Service Standards and all United States Federal Regulations.
1939 PA 280, Social Welfare Act, MCL 400.115a(1)(g)
45USC 15601, Prison Rape Elimination Act