Or. Admin. Code § 291-109-0245 - Grievances Related to Sexual Abuse or Sexual Harassment
(1) A grievance
related to a claim of sexual harassment or sexual abuse will be immediately
subject to investigation that is outside the department's administrative
remedies process.
(2) For purposes
of these rules, the term "sexual harassment" is defined in OAR
291-109-0110(20),
and the phrase "related to a claim of sexual harassment or sexual abuse"
includes claims of sexual abuse, fear of sexual abuse, or allegations of
mishandling of an incident, issue, or investigation of sexual abuse such as
retaliation for reporting or retaliation for cooperating with a sexual abuse
investigation.
(3) For purposes of
these rules, the term "sexual abuse" is defined as sexual abuse of an adult in
custody by another adult in custody and sexual abuse of an adult in custody by
an employee.
(a) The term "sexual abuse"
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.
(A) Contact between the penis and
the vulva or the penis and the anus, including penetration, however
slight;
(B) Contact between the
mouth and the penis, vulva, or anus;
(C) Penetration of the anal or genital
opening of another person, however slight, by a hand, finger, object, or other
instrument; and
(D) 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.
(b) Sexual abuse of an adult in custody by an
employee, contractor or volunteer of the Department of Corrections or Oregon
Corrections Enterprises includes any of the following acts, with or without
consent of the adult in custody, detainee, or resident:
(A) Contact between the penis and the vulva
or the penis and the anus, including penetration, however slight;
(B) Contact between the mouth and the penis,
vulva, or anus;
(C) Contact between
the mouth and any body part where an employee, contractor or volunteer of the
Department of Corrections or Oregon Corrections Enterprises has the intent to
abuse or arouse.
(D) 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 an employee,
contractor or volunteer of the Department of Corrections or Oregon Corrections
Enterprises has the intent to abuse, arouse, or gratify sexual
desire;
(E) 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 the
official duties or where an employee, contractor or volunteer of the Department
of Corrections or Oregon Corrections Enterprises has the intent to abuse,
arouse or gratify sexual desire;
(F) Any attempt, threat, or request by an
employee, contractor or volunteer of the Department of Corrections or Oregon
Corrections Enterprises to engage in the activities descried by paragraphs (A)
- (E) of this section;
(G) Any
display by an employee, contractor or volunteer of the Department of
Corrections or Oregon Corrections Enterprises of their uncovered genitalia,
buttocks, or breast in the presence of an adult in custody, detainee, or
resident, and
(H) Voyeurism by an
employee, contractor or volunteer of the Department of Corrections or Oregon
Corrections Enterprises. Voyeurism by an employee, contractor or volunteer
means an invasion of the adult in custody's privacy by an employee, contractor
or volunteer for reasons unrelated to official duties, such as peering at an
adult in custody who is using a toilet in their cell to perform bodily
functions; requiring an adult in custody to expose their buttocks, genitals, or
breasts; or taking images of all or part of an adult in custody's naked body or
of an adult in custody performing bodily functions.
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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