Policy: 103.220 Personal Code of Conduct of Employees

G.        An employee must immediately inform the employee’s supervisor if, while employed at an outside employer, the employee:

1.         Engaged in sexual abuse in a prison, jail lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); or

2.         Was accused of, or participated in, sexual harassment.

H.        An employee must not directly supervise, hire, evaluate or discipline anyone with whom the employee is related by blood, marriage, adoption, or anyone with whom the employee has an intimate/romantic relationship.  An intimate/romantic relationship includes dating, sexual activity, or a continual relationship of an intimate, emotional nature.

Policy: 103.223 Personal Associations between Staff and Offenders

PURPOSE:    To establish parameters governing personal and professional interaction between all department employees, student workers, volunteers, interns, contractors, and current or former offenders or the families of current or former offenders.

APPLICABILITY:   Minnesota Department of Corrections (DOC); department-wide 

PROCEDURE:

A.        Prohibited Conduct

Employees, student workers, volunteers, interns, and contractors are prohibited from:

1.         Divulging any personal telephone numbers, addresses, or other private information to current or former offenders and/or their families regarding themselves or other employees, without the approval of the appointing authority.

2.         Giving or accepting gifts, articles, special favors to/from current, former offenders, and/or their families.  Any attempt on the part of any current or former offenders and/or their families to visit, write, or otherwise communicate or send gifts to an employee or the employee’s family must be immediately reported, in writing, to the appropriate appointing authority.

3.         Introducing or removing any written material, information, etc., to or from any offender in a facility.  Violations of this provision is dealt with in accordance with Minn. Stat. § 243.59.

4.         Introducing or removing clothing, food, tobacco or other articles or devices to or from an offender in a facility.  Violation of this provision is dealt with in accordance with Minn. Stat. § 243.11.

B.        Disclosure Required

Employees, student workers, volunteers, interns, and contractors who become aware they, or a member of their family, have a personal association with current or former offenders and/or their families must immediately complete the Offender Association Disclosure (OAD) form (attached).

1.         The completed OAD form must be submitted to the appropriate appointing authority.

(a)       Employees working at adult or juvenile facilities submit the OAD to the facility warden.

(b)       Employees working at central office, field services, or community services submit the OAD to the designated appointing authority of their division.

(c)       The appointing authority may also require an employee to complete a confidential incident report that discloses and provides additional information regarding the offender association.

2.         Staff may request the type of association they wish to establish, if any, the duration, the type, and frequency of contact, and names of the current or former offenders and/or family members.

C.        The appointing authority receiving the OAD form consults, if needed, with the facility warden where the designated offender is incarcerated, with the field/community services manager where the designated offender is on supervised release, parole or probation, or with the appointing authority review panel, to determine whether the personal association requested would create a safety or security risk; and decides whether to deny, approve, or approve with conditions, the personal association requested.  If the appointing authority(s) denies the association request, the appointing authority who received the request sends:

1.         A written response to the employee informing him or her of the reason for       the denial;

2.         The completed OAD form(s) and any written denials to HRM to be maintained in the employee’s personnel file; and

3.         The HRM sends a copy of the completed OAD form(s) and any written denials to the facility or central office special investigative unit.  The unit’s investigator-corrections intelligence staff will maintain a copy.

D.        The employee must immediately complete an updated OAD form and submit it to the appropriate appointing authority if there is any change or intent to change the association by either party.

E          An employee who fails to report a personal association may be disciplined up to and including discharge from employment.

F.         The department investigates allegations of unauthorized sexual assault involving an offender and an employee(s), student worker(s), volunteer(s) or a contractor(s) in compliance with Policy 202.057, “Sexual Abuse/Harassment Prevention, Reporting, and Response.”

Policy Number: 202.057  Sexual Abuse/Harassment Prevention, Reporting, and Response

PURPOSE:    To ensure system-wide prevention, detection, reporting, response, and retention of records relating to an incident of sexual abuse/harassment of any offender by an offender, contractor, volunteer, staff, or visitor within the Minnesota Department of Corrections (DOC).  This policy is not intended to govern incidents of sexual abuse/harassment by an offender against a staff, contractor, visitor, volunteer, or any other individual who has business with the DOC.

APPLICABILITY:  Department-wide 

PROCEDURES:

A.        The DOC maintains a zero-tolerance policy on sexual abuse and harassment to promote a safe and humane environment, free from sexual violence and misconduct for offenders.

1.         All staff, contractors, and volunteers must immediately report any knowledge, suspicion, or information regarding an incident of sexual abuse/harassment or staff sexual misconduct that occurred in a facility or community services area; this includes medical and mental health practitioners, unless otherwise precluded by law.

2.         If the DOC learns that an offender is subject to a substantial risk of imminent sexual abuse, it must take immediate action to protect the offender.

3.         The agency investigates all matters of sexual abuse/harassment/staff sexual misconduct vigorously through the office of special investigation (OSI), the facility discipline unit, facility supervisory staff, and outside law enforcement, as directed by the incident.

4.         Offenders, staff, contractors, visitors, volunteers, or any other individuals who have business with the DOC are subject to disciplinary action and/or criminal sanctions, including dismissal or termination of contracted services, if determined to have engaged in sexual abuse/harassment/staff sexual misconduct of an offender.  A violation of this policy may result in termination from the DOC.