Wis. Admin. Code Department of Corrections DOC 310.08 - PREA complaint procedure
An inmate may file a complaint alleging sexual abuse using the procedures under this chapter. The following provisions apply to complaints alleging sexual abuse or sexual harassment:
(1) Notwithstanding s.
DOC
310.07(2), an inmate may file a
complaint regarding sexual abuse or sexual harassment at any time. If a portion
of the complaint alleges an issue that does not relate to sexual abuse or
sexual harassment, the time limits under s.
DOC 310.07
apply.
(2) Notwithstanding s.
DOC 310.07(1) or
(8), an inmate is not required to attempt to
resolve the issue with the staff member who is the subject of the complaint or
to file a complaint regarding sexual abuse or sexual harassment with the staff
member who is the subject of the complaint. The inmate may use an alternative
method of filing, including submission of the complaint directly to the
warden.
(3) Complaints filed under
this section will be referred for a PREA investigation. Department policy shall
address the requirements that investigations regarding allegations of sexual
abuse or sexual harassment be completed within established time
frames.
(4) Third parties,
including fellow inmates, staff members, family members, attorneys, and outside
advocates, shall be permitted to assist an inmate in filing a request for
administrative remedies relating to allegations of sexual abuse or sexual
harassment and shall also be permitted to file such requests on behalf of
inmates. Requests for administrative remedies filed under this section will be
referred for a PREA investigation.
(5) Emergency grievance procedures for
complaints alleging a substantial risk of imminent sexual abuse or sexual
harassment will be handled in the following manner:
(a) The inmate may contact any staff member
who is not the subject of the allegation for immediate corrective
action.
(b) The inmate may file a
complaint. Complaints collected under s.
DOC 310.08
shall be immediately forwarded to the warden to determine if immediate action
is warranted.
(c) Reports of
substantial risk of imminent sexual abuse or sexual harassment outside of the
complaint process under this chapter shall be immediately forwarded to the
warden to determine if immediate action is warranted.
(d) Further response will be in accordance
with department policy.
(6) The warden may discipline an inmate for
filing a complaint related to alleged sexual abuse or sexual harassment only if
the warden demonstrates that the inmate filed the complaint in bad
faith.
(7) Time frames are waived
for PREA related complaints, this does not apply to PREA related complaint
appeals.
Notes
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