Or. Admin. Code § 291-109-0240 - Improper Use of Grievance Review System
(1) An adult in
custody improperly uses the grievance system when they:
(a) Include language that is identified as
posing a criminal threat;
(b)
Repeatedly submit grievances, discrimination complaints, or appeals of either,
that do not comply with the requirements set forth in these rules, including,
but not limited to, multiple resubmissions of the same grievance or grievance
appeal, multiple untimely grievances, and multiple resubmissions of uncorrected
grievances; or
(c) Submit
grievances, discrimination complaints, or appeals of either, in excess of the
allowed limitations set forth in OAR
291-109-0215.
(2) Administrative Action for
Improper Use of the Grievance Review System:
(a) If an adult in custody demonstrates a
pattern of improper use of the grievance review system, the functional unit
manager or designee will notify the adult in custody in writing that their
actions are not in compliance with the department's rules on Grievance Review
System (OAR 291-109) or Discrimination Complaint Review System (OAR 291-006).
From the date of the notice, the adult in custody will have 35 calendar days to
bring their grievance submissions into compliance with the rules or the adult
in custody will be subject to restriction of their access to the grievance
review and discrimination complaint review systems as specified in this
rule.
(b) Adults in custody who
continue to improperly use the grievance review system will be notified by the
Inspector General or designee, in writing, that such actions are creating an
administrative burden at the expense of legitimate complaints. From the date of
this notification, due to their continued improper use of the grievance review
or discrimination complaint review systems, the adult in custody will be
limited to submitting no more than two active grievances or discrimination
complaints at a time, excluding emergency grievances. Any grievances or
discrimination complaints submitted that are not in compliance with this
restriction will not be processed.
(c) Once the adult in custody has
demonstrated compliance for 35 calendar days, the adult in custody may request
removal of the administrative restriction by writing to the institution
grievance coordinator who will forward the request to the Adult in Custody
Complaint Review Committee (AICCRC) for review.
(d) An adult in custody's request for removal
of the administrative restriction will be responded to by the Inspector General
or designee upon review of the adult in custody's request and the
recommendation of the Adult in Custody Complaint Review Committee (AICCRC)
within 70 calendar days from the date the request was received. The
administrative restriction will remain in effect until such time it is reviewed
and removed by the Inspector General or designee.
(e) Administrative restrictions are not
subject to review through the grievance review or discrimination complaint
review systems.
(f) Records of
active and inactive notifications of improper use of the grievance review
system will be maintained by the institution grievance coordinator or
institution discrimination complaint coordinator and will be enforced
throughout the department, regardless of the adult in custody's
facility.
Notes
Statutory/Other Authority: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075
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