Prison Rape Elimination Act (PREA) Policy
It is the policy of Elmhurst Home Inc. (EHI) to institute and practice policies and procedures establishing guidelines following the MDOC Prison Rape Elimination Act of 2003 from admission to discharge.
EHI has a zero tolerance for any forms of sexual abuse or sexual harassment toward the Michigan Department of Corrections clients and retaliation for anyone who reports this behavior or fears retaliation for participating in an investigation.
EHI has designated Ms. Rachel Oden and Ms. Marsy Alston as PREA Coordinator who is responsible for overseeing agency efforts to comply with PREA standards. EHI shall ensure this person has direct access to Ms. Sarina Oden and is granted sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards.
This policy sets forth to outline efforts in prevention, detection, and response to all forms of sexual abuse and sexual harassment towards our clients.
Definitions related to sexual abuse
EHI utilizes the following definitions in accordance with this law:
For purposes of this part, the term— Sexual abuse includes:
(1) Sexual abuse of a consumer, detainee, or resident by another consumer, detainee, or resident; and
(2) Sexual abuse of a consumer, detainee, or resident by a staff member, contractor, or volunteer.
Sexual abuse of a consumer, detainee, or resident by another consumer, detainee, or resident includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:
(1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
(2) Contact between the mouth and the penis, vulva, or anus;
(3) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and
(4) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.
Sexual abuse of a consumer, detainee, or resident by a staff member, contractor, or volunteer includes any of the following acts, with or without consent of the consumer, detainee, or resident:
(1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;
(2) Contact between the mouth and the penis, vulva, or anus;
(3) Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
(4) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
(5) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;
(6) Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1)-(5) of this section;
(7) Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a consumer, detainee, or resident, and
(8) Voyeurism by a staff member, contractor, or volunteer.
(9) Voyeurism by a staff member, contractor, or volunteer means an invasion of privacy of a consumer, detainee, or resident by staff for reasons unrelated to official duties, such as peering at a consumer who is using a toilet in his or her cell to perform bodily functions; requiring a consumer to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a consumer’s naked body or of a consumer performing bodily functions.
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 consumer, detainee, or resident directed toward another; and
(2) Repeated verbal comments or gestures of a sexual nature to a consumer, 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.
EHI shall develop and document a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect residents against sexual abuse. In calculating adequate staffing levels and determining the need for video monitoring, EHI shall take into consideration:
(1) The physical layout of each facility;
(2) The composition of the resident population;
(3) The prevalence of substantiated and unsubstantiated incidents of sexual abuse; and
(4) Any other relevant factors. In circumstances where the staffing plan is not complied with, EHI shall document and justify all deviations from the plan.
Whenever necessary, but no less frequently than once each year, EHI shall assess, determine, and document whether adjustments are needed to:
(1) The staffing plan established pursuant to paragraph
(a) of this section;
(2) Prevailing staffing patterns;
(3) EHI’S deployment of video monitoring systems and other monitoring technologies; and
(4) The resources the facility has available to commit to ensure adequate staffing levels.
Facility staff roster is needed; I can send a template for a narrative review of staffing.
EHI shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners. EHI Naomi’s Nest shall not permit cross-gender pat-down searches of female residents, absent exigent circumstances. In addition, EHI has gender-specific facilities (men and women) where the monitoring staff (those who conduct searches) at each facility are the same gender as the consumer.
It is EHI’S policy that residents are to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. Staff of the opposite gender must announce their presence when entering an area where residents are likely to be showering, performing bodily functions, or changing clothing.
All staff who perform searches must complete “PREA Cross Gender and Transgender Pat Search” training and complete a quiz to test their knowledge of the training. For addition information on our searches and protocols please see our Search and Seizure of Contraband Policy and Procedure for Searching Consumers Upon Arrival from Pass.
Limited English Proficient/Residents with disabilities:
EHI has taken appropriate steps to ensure that residents with disabilities (including, for example, residents who are deaf or hard of hearing, those who are blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Such steps shall include, when necessary to ensure effective communication with residents who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. In addition, EHI has ensured that written materials are provided in formats or through methods that ensure effective communication with residents with disabilities, including residents who have intellectual disabilities, limited reading skills, or who are blind or have low vision. EHI has taken reasonable steps to ensure meaningful access to all aspects of the agency’s efforts to prevent, detect, and respond to sexual abuse and sexual harassment to residents who are limited English proficient, including steps to provide interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. EHI does not rely on resident interpreters, resident readers, or other types of resident assistants except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the resident’s safety, the performance of first-response duties under 115.264, or the investigation of the resident’s allegations.
Hiring and Promotion decisions
EHI does not hire or promote anyone who may have contact with residents, who—
(1) Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. § 1997);
(2) Has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or
(3) Has been civilly or administratively adjudicated to have engaged in the activity described in paragraph
(a)(2) of this section
(b) EHI does consider any incidents of sexual harassment in determining whether to hire or promote anyone who may have contact with residents.
EHI does ask all applicants and employees who may have contact with residents directly about previous misconduct described in paragraph (a) of this section in written applications or interviews for hiring or promotions and in any interviews or written self-evaluations conducted as part of reviews of current employees. EHI does impose upon employees a continuing affirmative duty to disclose any such misconduct. Potential employees and promotional candidates are informed that material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination.
Before hiring new employees, who may have contact with residents, EHI does the following:
(1) Performs a criminal background record check;
(2) Consistent with Federal, State, and local law, make its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse.
EHI does conduct criminal background records checks annually in accordance with the contract with the Michigan Department of Corrections on current employees who may have contact with residents.
Unless prohibited by law, EHI will provide information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom such employee has applied to work.
EH does not use contractual staff that physically interacts with the consumers.
Upgrades to Facilities and Technologies
If EHI makes upgrades to existing facilities or technology, EHI shall consider the effect of the monitoring technology, design, acquisition, expansion, or modification upon the agency’s ability to protect residents from sexual abuse.
For allegations of sexual abuse, EHI shall contact the police immediately. EHI shall take appropriate measures to follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. EHI shall request that the protocol used the forensic exam be adapted from or otherwise based on the most recent edition of the U.S. Department of Justice’s Office on Violence Against Women publication, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative protocols developed after 2011. EHI shall offer all victims of sexual abuse access to forensic medical examinations whether on-site or at an outside facility, without financial cost, where evidentiary or medically appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners. EHI shall document its efforts to provide SAFEs or SANEs. EHI shall attempt to make available to the victim a victim advocate from a rape crisis center. If a rape crisis center is not available to provide victim advocate services, EHI shall make available to provide these services a qualified person from a community-based organization. EHI shall document efforts to secure services from rape crisis centers. For the purpose of this standard, a rape crisis center refers to an entity that provides intervention and related assistance, such as the services specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. EHI may utilize a rape crisis center that is part of a governmental unit as long as the center is not part of the criminal justice system (such as a law enforcement agency) and offers a comparable level of confidentiality as a nongovernmental entity that provides similar victim services. As requested by the victim, the qualified community-based organization staff member shall accompany and support the victim through the forensic medical examination process and investigatory interviews and shall provide emotional support, crisis intervention, information, and referrals. To the extent the agency itself is not responsible for investigating allegations of sexual abuse, EHI shall request that the investigating agency follow the requirements of paragraphs (a) through (e) of this section. EHI has requested this through a letter to the local police department.
EHI shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. EHI has a policy in place to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. EHI has published such policy on its website. EHI shall document all such referrals. When separate entity is responsible for conducting criminal investigations, such publication shall describe the responsibilities of both the agency and the investigating entity.
Training and Education
EHI trains all employees who may have contact with residents on:
(1) Its zero-tolerance policy for sexual abuse and sexual harassment;
(2) How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures;
(3) Residents’ right to be free from sexual abuse and sexual harassment;
(4) The right of residents and employees to be free from retaliation for reporting sexual abuse and sexual harassment;
(5) The dynamics of sexual abuse and sexual harassment in confinement;
(6) The common reactions of sexual abuse and sexual harassment victims;
(7) How to detect and respond to signs of threatened and actual sexual abuse;
(8) How to avoid inappropriate relationships with residents;
(9) How to communicate effectively and professionally with residents, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming residents; and
(10) How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities.
Such training(s) shall be tailored to the gender of the residents at the employee’s facility. The employee shall receive additional training if the employee is reassigned from a facility that houses only male residents to a facility that houses only female residents, or vice versa.
EHI shall provide each employee with refresher training every two years to ensure that all employees know the agency’s current sexual abuse and sexual harassment policies and procedures. In years in which an employee does not receive refresher training, the agency shall provide refresher information on current sexual abuse and sexual harassment policies. EHI shall document, through employee signature or electronic verification that employees understand the training they have received.
EHI receives and completes training through the Michigan Department of Corrections. EHI does not use volunteers or contractors; all services are provided in the community, including medical and mental health services.
During the intake process, every resident who enters the facility for programing receives information explaining the agency’s zero tolerance policy regarding sexual abuse and sexual harassment, how to report incidents or suspicions of sexual abuse or sexual harassment, their rights to be free from sexual abuse and sexual harassment and to be free from retaliation for reporting such incidents, and regarding EHI policies and procedures for responding to such incidents. See zero tolerance Handout. EHI maintains documentation of resident participation in these education sessions. EHI shall ensure that key information is continuously and readily available or visible to residents through posters that are readable and accessible throughout the facility.
Screening for risk of victimization and abusiveness/Use of screening information
EHI policy ensures that all residents complete a risk victimization and abuse questionnaire which is evaluated for room assignment. This Intake screening shall ordinarily take place within 72 hours of arrival at the facility. Such assessments shall be conducted using an objective screening instrument.
The intake screening does consider, at a minimum, the following criteria to assess residents for risk of sexual victimization:
(1) Whether the resident has a mental, physical, or developmental disability;
(2) The age of the resident;
(3) The physical build of the resident;
(4) Whether the resident has previously been incarcerated;
(5) Whether the resident’s criminal history is exclusively nonviolent;
(6) Whether the resident has prior convictions for sex offenses against an adult or child;
(7) Whether the resident is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming;
(8) Whether the resident has previously experienced sexual victimization; and
(9) The residents own perception of vulnerability.
The intake screening considers prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the agency, in assessing residents for risk of being sexually abusive. Within a set time period, not to exceed 30 days from the resident’s arrival at EHI, the facility will reassess the resident’s risk of victimization or abusiveness based upon any additional, relevant information received by the facility since the intake screening. A resident’s risk level shall be reassessed when warranted due to a referral, request, incident of sexual abuse, or receipt of additional information that bears on the resident’s risk of sexual victimization or abusiveness. Residents may not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to paragraphs (d)(1), (d)(7), (d)(8), or (d)(9) of this section.
EHI does implement appropriate controls on the dissemination within the facility of responses to questions asked pursuant to this standard in order to ensure that sensitive information is not exploited to the resident’s detriment by staff or other residents. They are maintained in the Clinical Supervisor office with controls on who can gain access.
EHI uses information from the risk screening required by § 115.241 to inform housing, bed, assignments with the goal of keeping separate those residents at high risk of being sexually victimized from those at high risk of being sexually abusive. Residents work or receive programming in the community. EHI makes individualized determinations about how to ensure the safety of each resident.
In deciding whether to assign a transgender or intersex resident to a facility for male or female residents, and in making other housing and programming assignments, EHI considers on a case-by-case basis whether a placement would ensure the residents health and safety, and whether the placement would present management or security problems. A transgender or intersex resident’s own view with respect to his or her own safety shall be given serious consideration. Transgender and intersex residents are given the opportunity to shower separately from other residents. EHI does not place lesbian, gay, bisexual, transgender, or intersex residents in dedicated facilities, units, or wings solely on the basis of such identification or status.
EHI provides multiple internal ways for residents to privately report sexual abuse and sexual harassment, retaliation by other residents or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents. And informs residents they may report to the probation/parolee office or directly to the policy. EHI assists residents with obtaining their cell phone or a private office with a phone to accomplish this privately. Probation/parole officers are obligation to report the allegation to EHI immediately even if the report is made anonymously. Staff shall accept reports made verbally, in writing, anonymously, and from third parties and shall promptly document any verbal reports. EHI informs staff they may report privately to the policy or probation/parole officer.
EHI does not have an administrative procedure to address resident grievances regarding sexual abuse. Grievances alleging sexual abuse will be closed and immediately forwarded to the appropriate authority for investigation.
Resident access to outside confidential support services
EHI provides residents with access to outside victim advocates for emotional support services related to sexual abuse by giving residents mailing addresses and telephone numbers, including toll-free hotline numbers on the zero-tolerance handout at intake. Residents can have access to their cell phone for which they can make this call directly, privately or a private office with a phone can be requested and used privately. This phone is not monitored or recorded. EHI has entered into a memorandum of understanding (MOU) with this service and are able to residents with confidential emotional support services related to sexual abuse. EHI maintains copies of this agreement.
Official Response Following a Resident Report
EHI requires all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of the agency; retaliation against residents or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.
Apart from reporting to designated supervisors or officials, staff will not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation, and other security and management decisions.
If the alleged victim is considered a vulnerable adult under a State or local vulnerable person’s statute, the agency shall report the allegation to the designated State or local services agency under applicable mandatory reporting laws.
EHI shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility’s designated investigators. The designated investigators at this agency/facility is/are Ms. Rachel Oden.
When EHI learns that a resident is subject to a substantial risk of imminent sexual abuse, it shall take immediate action to protect the resident.
Upon receiving an allegation that a resident was sexually abused while confined at another facility, the head of the facility that received the allegation shall notify the head of the facility or appropriate office of the agency where the alleged abuse occurred. Such notification shall be provided as soon as possible, but no later than 72 hours after receiving the allegation. EHI shall document that it has provided such notification. The facility head or agency office that receives such notification shall ensure that the allegation is investigated in accordance with these standards.
Upon learning of an allegation that a resident was sexually abused, the first security staff member to respond to the report shall be required to:
(1) Separate the alleged victim and abuser;
(2) Preserve and protect any crime scene until appropriate steps can be taken to collect any evidence;
(3) If the abuse occurred within a time period that still allows for the collection of physical evidence, request that the alleged victim not take any actions that
could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and
(4) If the abuse occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged abuser does not take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating.
If the first staff responder is not a security staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence and then notify security staff.
EHI shall develop a written institutional plan to coordinate actions taken in response to an incident of sexual abuse, among staff first responders, medical and mental health practitioners, investigators, and facility leadership.
EHI has an established policy to protect all residents and staff who report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual harassment investigations from retaliation by other residents or staff and shall designate which staff members or departments are charged with monitoring retaliation. EHI employs multiple protection measures, such as housing changes or transfers for resident victims or abusers, removal of alleged staff or resident abusers from contact with victims, and emotional support services for residents or staff who fear retaliation for reporting sexual abuse or sexual harassment or for cooperating with investigations.
For at least 90 days following a report of sexual abuse, EHI monitors the conduct and treatment of residents or staff who reported the sexual abuse and of residents who were reported to have suffered sexual abuse to see if there are changes that may suggest possible retaliation by residents or staff, and shall act promptly to remedy any such retaliation. Items the agency should monitor include any resident disciplinary reports, housing, or program changes, or negative performance reviews or reassignments of staff. EHI shall continue such monitoring beyond 90 days if the initial monitoring indicates a continuing need. In the case of residents, such monitoring shall also include periodic status checks. If any other individual who cooperates with an investigation expresses a fear of retaliation, EHI shall take appropriate measures to protect that individual against retaliation. EHI’S obligation to monitor terminates if the agency determines that the allegation is unfounded.
Criminal and administrative investigations
When EHI conducts investigations into allegations of sexual abuse and sexual harassment, it does so promptly, thoroughly, and objectively for all allegations, including third-party and anonymous reports. If an administrative investigation is conducted into allegations of sexual abuse the investigator(s) has received special training in sexual abuse investigations, however it is the intent for EHI to contact the local police. Investigators of administrative allegations shall gather and preserve direct and circumstantial evidence, including any available physical evidence and any available electronic monitoring data; shall interview alleged victims, suspected perpetrators, and witnesses; and shall review prior complaints and reports of sexual abuse involving the suspected perpetrator. If the allegation involves DNA, the local the scene/clothing will be preserved for the police to collect the evidence. If the administrative investigations reveal to possibly support criminal prosecution, EHI shall contact the local police who will determine if compelled interviews need to be conducted. The credibility of an alleged victim, suspect, or witness shall be assessed on an individual basis and shall not be determined by the person’s status as resident or staff. No agency /facility shall require a resident who alleges sexual abuse to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an allegation. Administrative investigations:
(1) Shall include an effort to determine whether staff actions or failures to act contributed to the abuse; and
(2) Shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings.
Criminal investigations shall be documented in written reports received from the police department investigators. Police will be requested to ensure that substantiated allegations of conduct that appears to be criminal shall be referred for prosecution. EHI shall retain all written reports referenced in paragraphs (f) and (g) of this section for as long as the alleged abuser is incarcerated or employed by EHI, plus five years. The departure of the alleged abuser or victim from the employment or control of EHI shall not provide a basis for terminating an investigation. When outside agencies investigate sexual abuse, the facility shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation.
EHI shall impose no standard higher than a preponderance of the evidence in determining whether administrative investigations of allegations of sexual abuse or sexual harassment are substantiated.
Following an investigation into a resident’s allegation of sexual abuse suffered in an agency facility, EHI shall inform the resident as to whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded.
When EHI did not conduct the investigation, it shall request the relevant information from the investigative agency in order to inform the resident. Following a resident’s allegation that a staff member has committed sexual abuse against the resident, EHI shall subsequently inform the resident (unless the agency has determined that the allegation is unfounded) whenever:
(1) The staff member is no longer posted within the resident’s unit.
(2) The staff member is no longer employed at the facility.
(3) EHI learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or
(4) EHI learns that the staff member has been convicted on a charge related to sexual abuse within the facility.
Following a resident’s allegation that he or she has been sexually abused by another resident, EHI shall subsequently inform the alleged victim whenever:
(1) EHI learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or
(2) EHI learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility.
All such notifications or attempted notifications shall be documented. EHI’S obligation to report under this standard shall terminate if the resident is released from the agency’s custody.
Disciplinary sanctions for staff
Staff shall be subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies. Termination shall be the presumptive disciplinary sanction for staff who have engaged in sexual abuse. Disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) shall 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. All terminations for violations of agency sexual abuse or sexual harassment policies, or resignations by staff who would have been terminated if not for their resignation, shall be reported to law enforcement agencies unless the activity was clearly not criminal, and to any relevant licensing bodies.
Interventions and disciplinary sanctions for residents
Residents shall be subject to disciplinary sanctions pursuant to a formal disciplinary process following an administrative finding that the resident engaged in resident-on-resident sexual abuse or following a criminal finding of guilt for resident-on-resident sexual abuse. Sanctions shall be commensurate with the nature and circumstances of the abuse committed, the resident’s disciplinary history, and the sanctions imposed for comparable offenses by other residents with similar histories. The disciplinary process shall consider whether a resident’s mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed. EHI may discipline a resident for sexual contact with staff only upon a finding that the staff member did not consent to such contact. For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation. EHI prohibits all sexual activity between residents and may discipline residents for such activity. EHI, however, deems such activity to constitute sexual abuse if it determines that the activity is not coerced.
Medical and Mental Care
Resident victims of sexual abuse shall receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment. Security staff first responders shall take preliminary steps to protect the victim pursuant to and shall immediately notify the Clinical Supervisor to arrange for appropriate medical and mental health care. Resident victims of sexual abuse shall be offered timely information about and timely access to emergency contraception and sexually transmitted infections prophylaxis, in accordance with professionally accepted standards of care, where medically appropriate. Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.
EHI shall offer medical and mental health evaluation and, as appropriate, treatment to all residents who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile facility. The evaluation and treatment of such victims shall include, as appropriate, follow-up services, treatment plans, and, when necessary, referrals for continued care following their transfer to, or placement in, other facilities, or their release from custody. EHI shall provide such victims with medical and mental health services consistent with the community level of care. Resident victims of sexually abusive vaginal penetration while at EHI programming shall be offered pregnancy tests. If pregnancy results from conduct specified in paragraph (d) of this section, such victims shall receive timely and comprehensive information about and timely access to all lawful pregnancy-related medical services. Resident victims of sexual abuse, while confined, shall be offered tests for sexually transmitted infections as medically appropriate. Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.
Data Collection and Review
EHI conducts a sexual abuse incident review at the conclusion of every sexual abuse investigation, including where the allegation has not been substantiated, unless the allegation has been determined to be unfounded. Such review shall ordinarily occur within 30 days of the conclusion of the investigation. The review team shall include upper-level management officials, with input from line supervisors. Investigation reports and medical/mental health records are reviewed, when relevant. The review team shall:
(1) Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse;
(2) Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility;
(3) Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse;
(4) Assess the adequacy of staffing levels in that area during different shifts;
(5) Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff; and
(6) Prepare a report of its findings, including but not necessarily limited to determinations made pursuant to paragraphs (d)(1)-(d)(5) of this section, and any
recommendations for improvement, and submit such report to the facility head and PREA compliance manager. EHI shall implement the
recommendations for improvement or shall document its reasons for not doing so.
EHI collects accurate, uniform data for every allegation of sexual abuse at facilities under its direct control using a standardized instrument and set of definitions. EHI aggregates the incident-based sexual abuse data at least annually. The incident-based data collected shall include, at a minimum, the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice. EHI maintains, reviews, and collects data as needed from all available incident-based documents including reports, investigation files, and sexual abuse incident reviews. Upon request, EHI shall provide all such data from the previous calendar year to the Department of Justice as required.
EHI shall reviews data collected and aggregated pursuant to § 115.287 in order to assess and improve the effectiveness of its sexual abuse prevention, detection, and response policies, practices, and training, including:
(1) Identifying problem areas;
(2) Taking corrective action on an ongoing basis; and
(3) Preparing an annual report of its findings and corrective actions for each facility, as well as the agency as a whole. Such report includes a comparison of
the year’s data and corrective actions with those from prior years and provides an assessment of the agency’s progress in addressing sexual abuse.
EHI’S report is approved by the agency head and made readily available to the public through its website or, if it does not have one, through other means.
EHI may redact specific material from the reports when publication would present a clear and specific threat to the safety and security of a facility, but
must indicate the nature of the material redacted.
EHI ensures that data collected pursuant to § 115.287 are securely retained. Before making aggregated sexual abuse data publicly available, the agency shall remove all personal identifiers. EHI shall maintain sexual abuse data collected pursuant to § 115.287 for at least 10 years after the date of the initial collection unless Federal, State, or local law requires otherwise.
EHI shall conduct a PREA audit with a certified auditor every three years.
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