Policy Addressing Staff Sexual Misconduct with Youth in Custody November 7-9, 2005 Kentucky Department of Juvenile Justice Lexington, KY

Objectives Define what makes a good policy Define what makes a good policy Challenges and dilemmas Challenges and dilemmas Writing policy and procedure Writing policy and procedure Triage your agency’s policies and procedures Triage your agency’s policies and procedures When policy is effectively used When policy is effectively used

What makes a good policy? Zero tolerance Zero tolerance Clear Definitions Clear Definitions Multiple reporting points for employees and youth Multiple reporting points for employees and youth Operational procedures that support zero tolerance Operational procedures that support zero tolerance Strong investigative protocols Strong investigative protocols Employee training Employee training Youth orientation Youth orientation

Other considerations: Remember – sexual misconduct affect all staff and youth Remember – sexual misconduct affect all staff and youth Thread consideration of staff sexual misconduct issues through your policies Thread consideration of staff sexual misconduct issues through your policies Review and update policies following the ACA model Review and update policies following the ACA model Document training Document training Consider agency culture Consider agency culture Consistency with state law Consistency with state law Policy and procedures can make up for deficiencies in the law Policy and procedures can make up for deficiencies in the law

Decisions need to be made about: Reporting by employees and sanctions for not reporting Reporting by employees and sanctions for not reporting Sanctions for youth for “malicious” reports Sanctions for youth for “malicious” reports Reporting methods/routes Reporting methods/routes

Challenges and Dilemmas Leadership Leadership Role modeling behaviors and commitment Role modeling behaviors and commitment Culture and history Culture and history Unions Unions Past attempts to address sensitive issues Past attempts to address sensitive issues Standard operating procedures are in “sync” with policy Standard operating procedures are in “sync” with policy Training Training

Challenges and Dilemmas, continued: Youth programming Youth programming Gender responsive Gender responsive Inclusive Inclusive Equality and parity Equality and parity Investigative protocols/practices Investigative protocols/practices Demystifying the internal affairs Demystifying the internal affairs Ability to conduct investigations Ability to conduct investigations

Applicable KY DJJ Policies Sexual Harassment Sexual Harassment Sexual Assault Sexual Assault Employee Conduct Employee Conduct

Sexual Harassment Policy Affects all employees, consultants and contractors Affects all employees, consultants and contractors Prohibited Behavior is: Prohibited Behavior is: Lewd or sexual comments Lewd or sexual comments Sexual innuendo Sexual innuendo Vulgar gestures Vulgar gestures Having sexually suggestive objects in the work place Having sexually suggestive objects in the work place Transmitting or downloading obscene message Transmitting or downloading obscene message Demeaning or offensive conduct directed towards someone because of gender Demeaning or offensive conduct directed towards someone because of gender Quid Pro Quo Quid Pro Quo

Sexual Harassment Policy Cont’d Employees must name the behavior and ask the harassment to stop Employees must name the behavior and ask the harassment to stop Employees are responsible for the reporting of incidents Employees are responsible for the reporting of incidents Supervisors are responsible for asking the employee about the incident and reporting it to Division Directors or appropriate management Supervisors are responsible for asking the employee about the incident and reporting it to Division Directors or appropriate management Addresses confidentiality, retaliation and false accusations Addresses confidentiality, retaliation and false accusations

Sexual Assault Policy Youth and Staff will seek immediate treatment Youth and Staff will seek immediate treatment Affects all DJJ operated or contracts facilities Affects all DJJ operated or contracts facilities Sexual Assault is defined as “coercive or assaultive” Sexual Assault is defined as “coercive or assaultive” The nurse on duty and Superintendent should be reported to The nurse on duty and Superintendent should be reported to Youth taken to local emergency room Youth taken to local emergency room

Sexual Assault Policy Cont’d Immediate notification is required to the Investigations office Immediate notification is required to the Investigations office Critical incident reports should be filed immediately Critical incident reports should be filed immediately Chain of custody procedures followed Chain of custody procedures followed Housing decisions should be made for youth Housing decisions should be made for youth Mental Health qualification should occur for the youth Mental Health qualification should occur for the youth

Employee Code of Conduct Applies to all employees of the DJJ Applies to all employees of the DJJ Addresses the following (in relation to sexual misconduct with youth): Addresses the following (in relation to sexual misconduct with youth): Language Language Engaging in unwelcome communication Engaging in unwelcome communication Truthfulness Truthfulness Take appropriate precautions to prevent allegations of sexual misconduct Take appropriate precautions to prevent allegations of sexual misconduct Maintain professional relationships with youth Maintain professional relationships with youth Abuse of youth is not tolerated Abuse of youth is not tolerated Cooperation during investigations Cooperation during investigations

Employee Code of Conduct Cont’d Professional Relationship is defines as: Professional Relationship is defines as: Not doing the following with youth: Not doing the following with youth: Loaning personal belongings Loaning personal belongings Entering into business relationships Entering into business relationships Give special privileges unless earned Give special privileges unless earned Accept a bribe or payment Accept a bribe or payment Lend money Lend money Enter into a dating or sexual relationship with a past or current committed youth under 18 Enter into a dating or sexual relationship with a past or current committed youth under 18 Enter into a dating or sexual relationship with someone under DJJ care who is over 18 Enter into a dating or sexual relationship with someone under DJJ care who is over 18

Proposed PREA Policy The KY DJJ will comply with PREA to eliminate, reduce, and prevent sexual assault and rape within correctional institutions The KY DJJ will comply with PREA to eliminate, reduce, and prevent sexual assault and rape within correctional institutions This policy applies to detention centers, youth development centers, group homes, day treatment centers, foster homes, private child care or in any circumstances custody or control of the DJJ This policy applies to detention centers, youth development centers, group homes, day treatment centers, foster homes, private child care or in any circumstances custody or control of the DJJ This policy applies to employees, contractors, volunteers, visitors, and other youth in custody This policy applies to employees, contractors, volunteers, visitors, and other youth in custody

Proposed PREA Policy Cont’d Includes: Includes: Rape Rape Sexual Assault Sexual Assault Sexual Harassment Sexual Harassment Sexual Misconduct Sexual Misconduct

Also Consider Policies on: Mandatory Reporting Mandatory Reporting Investigations Investigations Emergency Healthcare Emergency Healthcare Mental Health Evaluation Mental Health Evaluation Over familiarization Over familiarization

Evaluating Your Policies and Procedures Does your policy cover the essential issues? Does your policy cover the essential issues? Are there cultural or historical roadblocks that exist today? Are there cultural or historical roadblocks that exist today? Are stakeholders included and committed? Are stakeholders included and committed? Is there accountability? Is there accountability?

Evaluating Your Policies and Procedures Cont’d How are records kept? How are records kept? Are policies and procedures effective? Are policies and procedures effective? Job descriptions, post orders Job descriptions, post orders Philosophical basis for p/p Philosophical basis for p/p Is value added from investigations? Is value added from investigations?

How do employees know the policy? Informal vs. formal “education” Informal vs. formal “education” Lead by example: do what we say, not what we do Lead by example: do what we say, not what we do Are there policies and procedures that do not mesh Are there policies and procedures that do not mesh Corruption: subcultures, cliques, code of silence Corruption: subcultures, cliques, code of silence

Effective Policies Are understood by employees, volunteers, and youth Are understood by employees, volunteers, and youth Are role modeled by supervisors, and managers Are role modeled by supervisors, and managers Can be easily understood, are realistic, and guides employees Can be easily understood, are realistic, and guides employees Are integrated into operations Are integrated into operations Aligns with state law Aligns with state law Sees that reporting occurs Sees that reporting occurs 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 reached Conclusions reached Employees cooperate Employees cooperate Disciplinary sanctions consistent Disciplinary sanctions consistent There is medical and mental health support There is medical and mental health support Employees and youth Employees and youth Employee assistance programs Employee assistance programs Links to Outside Agencies Links to Outside Agencies

We have learned: What makes good policy What makes good policy Decisions that need to be made about policy Decisions that need to be made about policy How your employees learn the policy How your employees learn the policy Leadership is “essential” Leadership is “essential” What makes an effective policy What makes an effective policy Training is important to the understanding of your policy Training is important to the understanding of your policy Operations that don’t match policy and procedure are ineffective Operations that don’t match policy and procedure are ineffective

Summary Written policy exists best with definitions Written policy exists best with definitions Operational practices follows policy Operational practices follows policy Behavior and philosophy need to be role modeled Behavior and philosophy need to be role modeled Training is an effective tool for employees and offenders Training is an effective tool for employees and offenders