Policy Development Addressing Staff Sexual Misconduct with Offenders March 2006

Objectives: Define what makes a good policy Define what makes a good policy Policy Considerations Policy Considerations Policy Decision-Making Policy Decision-Making Challenges and dilemmas Challenges and dilemmas Triage policies and procedures Triage policies and procedures Writing policy and procedure Writing policy and procedure Knowing policy Knowing policy How do employees know the policy?How do employees know the policy? How do you know your policy is effective?How do you know your policy is effective?

What makes a good policy? Establish zero tolerance Establish zero tolerance Clear and inclusive definitions Clear and inclusive definitions Designate multiple reporting points for employees and offenders Designate multiple reporting points for employees and offenders Maintain strong investigative protocols Maintain strong investigative protocols Employee training and skills Employee training and skills DevelopmentDevelopment RefinementRefinement Provide effective offender orientation Provide effective offender orientation New admitteesNew admittees existing populationsexisting populations

Policy Considerations: Gender Differences Gender Differences Thread policies Thread policies Periodic review and update policies Periodic review and update policies Case lawCase law State lawState law PREAPREA Association standardsAssociation standards Agency culture Agency culture Consistency with state law Consistency with state law

Policy Decisions: Reporting Reporting Mandatory reportingMandatory reporting SanctionsSanctions Methods/routesMethods/routes Data Collection Data Collection Administrative oversight Administrative oversight

Challenges and Dilemmas Leadership Leadership Role modeling behaviors and commitmentRole modeling behaviors and commitment Culture and history Culture and history Unions and employee groupsUnions and employee groups Past attempts to address sensitive issuesPast attempts to address sensitive issues Procedures are in “synch” with policy Procedures are in “synch” with policy

Challenges and Dilemmas, continued: Offender programming Offender programming Gender responsiveGender responsive InclusiveInclusive Equality and parityEquality and parity Investigative protocols/practices Investigative protocols/practices Demystifying the internal affairsDemystifying the internal affairs Ability to conduct investigationsAbility to conduct investigations Is there a “model” policy(ies)? Is there a “model” policy(ies)?

Triage Your Policies and Procedures Cover the essential issues Cover the essential issues Threading Threading Stakeholders included Stakeholders included Accountability Accountability Data and records Data and records Value added from investigation findings Value added from investigation findings

How do employees know the policy? Informal vs. formal “education” Informal vs. formal “education” Leadership by example Leadership by example Practice vs. policies and procedures Practice vs. policies and procedures

Measuring Effectiveness Policies/procedures role modeled by supervisors, managers, and leaders Policies/procedures role modeled by supervisors, managers, and leaders Understandable language (realistic) by target audience Understandable language (realistic) by target audience Integrated into operations Integrated into operations Aligns with state law Aligns with state law Reports happen Reports happen Leadership understands and acknowledges the aftermath of allegations and investigations Leadership understands and acknowledges the aftermath of allegations and investigations

Effectiveness Continued Investigations are timely and professional Investigations are timely and professional Conclusions reachedConclusions reached Employees cooperateEmployees cooperate Disciplinary sanctions consistentDisciplinary sanctions consistent There is medical and mental health support There is medical and mental health support Employees and offendersEmployees and offenders Employee assistance programsEmployee assistance programs

Summary Written policy exists and is inclusive Written policy exists and is inclusive Operational practices follows policy Operational practices follows policy Behavior and philosophy is role modeled Behavior and philosophy is role modeled Training is an effective tool for employees and offenders Training is an effective tool for employees and offenders Evaluation and updating Evaluation and updating