RULES OF CONDUCT GOVERNING EMPLOYEES RELATIONSHIPS WITH OFFENDERS No. 135.2

IV. PROCEDURE

A. Applicability

1. All persons who are paid by the Department of Corrections on an hourly, salaried, or contractual basis, or who are paid by another state agency for working in a position within a DOC Unit, and volunteers who provide services to offenders are expected to provide a positive role model for offenders and a safe, secure, and healing environment for employees and offenders by acting in accordance with this operating procedure.

2. The Unit Head shall ensure compliance and enforcement of this operating procedure at the unit level.

B. Professional Conduct - Employees of the DOC shall exercise professional conduct when dealing with offenders to ensure the security and integrity of the correctional process and to promote a Healing Environment within the Department. Employees are expected to model the Healing Environment in order to foster positive growth for staff and offenders and create a culture that supports re-entry and public safety.

1. Abuse of Employment Status - Employees shall not use their official status as employees of the DOC as a means to establish social interactions or business relationships not directly related to DOC business. (4-APPFS-3C-02)

2. Vigilance - Employees are expected to be alert to detect and prevent escapes from custody or supervision, or violations of departmental operating procedures. Observed incidents or suspicions of planned incidents shall be reported to the employee's supervisor or the appropriate officer in accordance with established procedures.

3. Professional Appearance - All employees should maintain a professional appearance and demeanor at all times.

4. Confidential Information - Information pertaining to the record, offense, personal history, medical or mental health information, or private affairs of offenders is for official use only. Employees shall seek to obtain such information only as needed for the performance of official DOC duties, shall not access or discuss such information except as required in the performance of official duties, and shall take necessary precautions to protect the security and confidentiality of offender records and information (see Department Operating Procedure 050.1, Offender Records Management, and 310.2, Information Technology Security)

5. Interactions: a. While performing their job duties, employees must model a professional, healing, and supportive relationship when interacting with persons under DOC supervision, which involves respecting the rights of offenders as individuals, acting in a trustworthy and responsible manner, helping and supporting offenders and other staff members to the extent possible and ensuring that the employee’s conduct does not harm others. b. Employees must work towards the goal of improved public safety and the successful transformation and reintegration of those entrusted to the Department’s care, while maintaining a suitably professional detachment to ensure that personal and professional identities are not blurred. c. Employees are encouraged to interact with offenders on an individual and professional level while maintaining and reinforcing appropriate professional boundaries to promote and accomplish DOC goals.

6. Interactions with co-workers who are ex-offenders: a. If the co-worker has been released from DOC custody or terminated from supervision, whichever occurs last, for more than 180 days, there are no restrictions on relationships with the individual that would not apply to all employees. Operating Procedure: 135.2 November 1, 2016 Page 3 of 6 b. If the co-worker is known to be under DOC supervision or within 180 days following discharge from DOC custody or termination from supervision, whichever occurs last, interactions shall be limited to appropriate professional boundaries and support as outlined below. Professional relationships within appropriate boundaries may exist within this timeframe such as: i. Requests for assistance (such as needing a reference) ii. The offender reporting re-entry progress to the employee iii. Casual, unplanned meetings with the offender or members of the offender’s family that occur in public and where appropriate boundaries are maintained iv. Engaging in peer support activities such as going to an event or meeting v. In all such situations, the employee must report such contact to their supervisor or unit head on the same or next business day. c. If an employee does not know and reasonably should not have known that a co-worker is under DOC supervision or within 180 days following discharge from DOC custody or termination from supervision, whichever occurs last, the employee is not guilty of fraternization for relationships with the individual that would be appropriate for all employees.

7. Courtesy and Respect - At all times, employees should be respectful, polite, and courteous in their communication and interaction with offenders, as well as with citizens and other employees. Such practices are primary factors in providing a Healing Environment for effectively engaging others, resolving issues, maintaining order, control, good discipline, and redirecting behavior to a more positive result.

8. Humane Treatment - Offenders shall be treated humanely. Abuse or any form of corporal punishment or hazing is prohibited. No profane, demeaning, indecent, or insulting language, or words with racial, religious, sexual orientation, or ethnic connotations, shall be used. (4-4281)

9. Sexual Misconduct a. The Department of Corrections has zero tolerance for all forms of sexual abuse and sexual harassment. See Operating Procedure 038.3, Prison Rape Elimination Act (PREA), for additional information on preventing, detecting, and responding to such conduct. (§115.11[a], §115.211[a]) b. Any behavior of a sexual nature between employees and offenders or an offender's immediate family is prohibited. (4-4056, 4-4281-6, 4-ACRS-6A-05; 4-APPFS-3C-02; 4-APPFS-3E-05; 2- CO-1C-11) Behavior of a sexual nature includes sexual abuse, sexual assault, sexual harassment, physical conduct of a sexual nature, sexual obscenity, and conversations or correspondence of an emotional, romantic, or intimate nature. i. Sexual misconduct will be treated as a Group III offense subject to disciplinary sanctions up to and including termination under Operating Procedure 135.1, Standards of Conduct. (§115.76[a], §115.276[a]) ii. Termination shall be the presumptive disciplinary sanction for employees who have engaged in sexual abuse. (§115.76[b], §115.276[b]) iii. Disciplinary sanctions for violations of DOC policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) shall be commensurate with the nature and circumstances of the acts committed, the staff member’s disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories. (§115.76[c], §115.276[c]) iv. All terminations for violations of DOC sexual abuse or sexual harassment policies, or resignations by staff that would have been terminated if not for their resignation, shall be reported to any relevant licensing bodies by the DOC PREA Coordinator, and to law enforcement agencies, unless the activity was clearly not criminal. (§115.76[d], §115.276[d]) v. Any contractor or volunteer who engages in sexual abuse of offenders shall be prohibited from contact with offenders and shall be reported to any relevant licensing bodies by the DOC PREA Coordinator, and to law enforcement agencies, unless the activity was clearly not criminal. (§115.77[a], §115.277[a]) The DOC shall take appropriate remedial measures, and shall Operating Procedure: 135.2 November 1, 2016 Page 4 of 6 consider whether to prohibit further contact with offenders, in the case of any other violation of DOC sexual abuse or sexual harassment policies by a contractor or volunteer. (§115.77[b], §115.277[b]) vi. A preponderance of the evidence will be adequate in determining whether allegations of sexual abuse or sexual harassment are substantiated. (§115.72, §115.272) c. Carnal knowledge without the use of force, threat, or intimidation of an offender by an employee, including a wage employee, contract employee, or volunteer in any relationship with an offender is a Class 6 felony. (COV §18.2-64.2) (4-4281-6) d. Sexual battery of an offender by an employee, contract employee, or volunteer in any relationship with an offender is a Class 1 misdemeanor. (COV §18.2-67.4) (4-4281-6)

C. Improprieties: Non-Professional Association

1. Fraternization

a. Except for preexisting relationships (see below), fraternization or non-professional relationships between employees and offenders are prohibited, including when the offender is within 180 days of the date following discharge from DOC custody or termination from supervision, whichever occurs last. i. This action should normally be treated as a Group III offense under Operating Procedure 135.1, Standards of Conduct, unless surrounding circumstances and mitigating factors are present that warrant a reduction in the disciplinary action. ii. Professional relationships with appropriate boundaries may exist within this timeframe such as: (a) Calls for assistance (such as needing a reference) (b)The offender reporting re-entry progress to the employee (c) Incidental encounters between employees and offenders or members of the offender’s families that occur in a public setting where professional boundaries are maintained (d)Engage in activities such as going to an event or meeting, directly related to the successful reentry of the offender (e) In all such situations, the employee must report such contact to their supervisor or unit head on the same or next business day.

b. Exception-Any family relationship or pre-existing non-professional relationship (established friendship, prior working relationship, neighbor, etc.) between employees and offenders, including when the offender is within 180 days following their discharge from DOC custody or termination from supervision, whichever occurs last, must be reported to the Unit Head. i. In consultation with the Regional Operations Chief, Chief of Corrections Operations, Deputy Director of Administration or Superintendent for Education, a decision will be made regarding future contact between the employee and the offender and/or the offender’s family. ii. The Regional Operations Chief, Chief of Corrections Operations, Deputy Director of Administration, or Superintendent for Education has final authority in these matters. iii. The relationship and guidance on future contacts shall be documented in VACORIS Case Notes.