Wash. Admin. Code § 137-79-040 - Sanctions
(1) When the
secretary has reasonable cause to believe that sexual intercourse or sexual
contact between an employee and an inmate has occurred, notwithstanding any
rule adopted under
chapter
41.06 RCW the secretary
shall immediately suspend the employee.
(2) The secretary shall immediately institute
proceedings to terminate the employment of any person:
(a) Who is found by the department, based on
a preponderance of the evidence, to have had sexual intercourse or sexual
contact with the inmate ; or
(b)
Upon a guilty plea or conviction for any crime specified in
chapter
9A.44 RCW when the victim
was an inmate .
(3) When
the secretary has reasonable cause to believe that sexual intercourse or sexual
contact between the employee of a contractor and an inmate has occurred, the
secretary shall require the employee of a contractor to be immediately removed
from any employment position which would permit the employee to have any access
to any inmate .
(4) The secretary
shall disqualify for employment with a contractor in any position with access
to an inmate , any person:
(a) Who is found by
the department, based on a preponderance of the evidence, to have had sexual
intercourse or sexual contact with the inmate ; or
(b) Upon a guilty plea or conviction for any
crime specified in
chapter
9A.44 RCW when the victim
was an inmate .
(5) The
secretary , when considering the renewal of a contract with a contractor with
whom the secretary has taken action under subsection (3) or (4) of this
section, shall require the contractor to demonstrate that there has been
significant progress made in reducing the likelihood that any of its employees
will have sexual intercourse or sexual contact with an inmate . The secretary
shall examine whether the contractor has taken steps to improve hiring,
training, and monitoring practices and whether the employee remains with the
contractor . The secretary shall not renew a contract unless he or she
determines that significant progress has been made.
(6) For the purposes of
RCW
50.20.060, a person terminated under this
section shall be considered discharged for misconduct.
Notes
Statutory Authority: RCW 72.01.090 and 72.09.225. 07-21-142, § 137-79-040, filed 10/24/07, effective 11/24/07.
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