PREA Standard: 115.252 Exhaustion of administrative remedies.
- Family Guidance Re-Entry Center is not exempt and does have administrative procedures to address resident grievances regarding sexual abuse. The procedure is that a resident can share their written and or verbal concerns with their BOP counselor or PREA Coordinator who will immediately contact within 24 hours the COS who then follow-up the resident administratively.
- Family Guidance Re-Entry Center will not impose a time limit on when a resident may submit a grievance regarding an allegation of sexual abuse.
- Family Guidance Re-Entry Center will not apply time limits on any portion of a grievance that does not allege an incident of sexual abuse.
- Family Guidance Re-Entry Center will not require a resident to use any informal grievance process or to otherwise attempt to resolve with staff, an alleged incident of sexual abuse.
- Nothing in this section will restrict Family Guidance Re-Entry Center’s ability to defend against a lawsuit filed by a resident on the ground that the applicable statute of limitations has expired.
- Family Guidance Re-Entry Center will ensure that
- Any resident who alleges sexual abuse may submit a grievance without submitting it to a staff member who is the subject of the compliant, and
- That such grievance is not referred to a staff member who is the subject of the complaint.
- Family Guidance Re-Entry Center, Inc. will issue a final agency decision on the merits of any portion of a grievance alleging sexual abuse within 90 days of the initial filing of the grievance to the Bureau of Prisons COS.
- Computation of the 90-day time period shall not include time consumed by residents in the preparing any administrative appeal.
- Family Guidance Re-Entry Center can claim an extension of time to respond of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. This agency will notify the resident in writing of any such extension and provide a date by which a decision will be made.
- At any level of the administrative process with BOP, including the final level, if the resident does not receive a response within the time allotted for reply, including any properly noticed extension, the resident may consider the absence to be a denial at that level.
- Third parties, including fellow residents, staff members, family members, attorneys, and outside advocates, shall be permitted to assist residents in filing requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file such requests on behalf of residents.
- If the third party files such a request of behalf of a resident, the Springfield facility can require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.
- If the resident declines to have this request processed on his or her behalf, Family Guidance Re-Entry Center will document the resident’s decision.
- Family Guidance Re-Entry Center will allow residents to file an emergency grievance alleging that a resident is subject to a substantial risk of imminent sexual abuse by contacting the PREA Coordinator or COS in a verbal or written format. If resident prefers it to be verbal, PREA Coordinator will document interaction and request.
- After receiving an emergency grievance alleging a resident is subject to a substantial risk of imminent sexual abuse, the Springfield facility can immediately forward the grievance (or any portion thereof that alleges the substantial risk of imminent sexual abuse) to a level of review at which immediate corrective action plan may be taken, will provide an initial response within 48 hours and shall issue a final Springfield facility decision within 5 calendar days. The initial response and final decision shall document this facility determination whether the resident is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.
- Family Guidance Re-Entry Center, can discipline a resident for filing a grievance related to an alleged sexual abuse only where the agency demonstrates that the resident filed the grievance in bad faith.