Project on Addressing Prison Rape

South Dakota Anti-Fraternization Laws

1.1.C.1 Staff Code of Ethics

II Policy: The Department of Corrections (DOC) expects from its staff members unfailing honesty, respect for the dignity and individuality of human beings and commitment to professional service. The DOC requires all staff to familiarize themselves with and abide by, all rules and regulations pertaining to the staff member’s position, duties and conduct while on and off duty.

C. The DOC has zero tolerance for sexual abuse and sexual harassment. All allegations of sexual abuse or sexual harassment occurring in the workplace will be investigated. Appropriate services will be offered to all identified victims of the sexual abuse or sexual harassment. The DOC will respond to every identified perpetrator, including referral to law enforcement for possible criminal prosecution, if the investigation supports sexual abuse or sexual misconduct has occurred. Applicable state law protecting the victim shall apply.

1. Any sexual abuse or sexual harassment involving a DOC staff member and an offender is expressly forbidden and is a violation of DOC policy. Additionally, sexual abuse involving an offender may constitute a violation of state law (See Section F. of this policy).

2. DOC staff are required to immediately report to their supervisor or human resource manager, any knowledge, suspicion or information they have regarding the following: a. An incident of sexual abuse or sexual harassment that may have occurred involving a DOC staff member and offender. b. Any retaliation or adverse treatment that may have occurred against an offender or staff member who reported an incident of sexual misconduct or sexual harassment. c. Any staff member whose negligence or violation of duties, responsibilities or failure to abide by the code of ethics, may have contributed to the sexual misconduct or sexual harassment.

3. A staff member, who fails to report an incident of sexual misconduct or sexual harassment, may be subject to disciplinary action, including termination of employment. D. Certain standards of conduct apply to staff who supervise offenders. Staff shall conduct themselves and perform their duties in such a way as to set a good example for offenders and command their respect. The following activities are prohibited:

1. Soliciting, trading, bartering or accepting any gift or compensation from any offender, family member of any offender or agent/representative of any offender or his/her family.

2. Developing or engaging in inappropriate relationships or fraternizing with offenders or an offender’s family. A staff member will not become emotionally, romantically, financially or sexually involved with any offender or member of their family. Staff is expected to maintain appropriate, professional boundaries with offenders. a. This includes using social media to engage in unauthorized communications with an offender or known family member of an offender or to contact an offender or known member of the offender’s family for the purpose of initiating or engaging in unauthorized or prohibited activities or relations. b. Staff is required to disclose to their supervisor, any pre-existing relationship that may exist between the staff member and offender or member of an offender’s family.

Also see 1.1.C.2 Staff Supervision of Offenders