Project on Addressing Prison Rape

Kentucky Anti-Fraternization Laws

Policies and Procedures 3.22 Staff Sexual Offenses

II. POLICY and PROCEDURE

This policy shall apply to all full time, part-time, and interim employees, interns, students, volunteers, consultants, and contractors doing business with the Department of Corrections. The Department of Corrections has a zero tolerance policy toward sexual offenses. Corrections' employees shall avoid offensive or inappropriate conduct at work and sexual offenses. Complaints of sexual offenses shall be investigated in a prompt, effective and uniform manner.

A. PROHIBITED BEHAVIOR

A staff member shall be prohibited from:

1. Any acts defined as sexual abuse in this policy.

2. Any acts defined as sexual contact in this policy.

3. Any acts defined as sexual harassment in this policy.

4. Any acts defined as a sexual offense in this policy.

5. Any acts defined as unauthorized behavior in this policy.

6. Sexual advances in any form towards an offender.

7. Sexually offensive language, comments or gestures.

8. Influencing, promising or threatening an offender's safety, custody, privacy, housing, privileges, work or program status, in exchange for personal gain or favor of a sexual nature.

9. Creating or encouraging an atmosphere of intimidation, hostility, or offensiveness as perceived by any individual who observes the sexually offensive behavior or language.

10. The act or attempted act of observing or interfering with an offender's personal affairs without a reasonable need to do so for the immediate safety and security of the offender, staff member, or others within the institution or office environment, i.e., failing to properly announce his presence when entering a housing unit, reading personal mail or written materials of an offender when not required for the safety and security of the environment.

11. Any activity or contact with an offender or offender's family that is unrelated or unnecessary to the staff member’s assigned duties or official Department business.