NCJ Number
204491
Date Published
October 2000
Length
208 pages
Annotation
This training curriculum for investigators of correctional staff sexual misconduct with inmates is intended to enable the investigators to define staff sexual misconduct, recognize its negative effects, become aware of the increased media attention to this issue, determine how corrections has responded to the issue in the past several years, distinguish between proactive and reactive agency responses to the problem, and initiate the development of an action plan.
Abstract
In addition to outlining general training objectives, the introductory section of the curriculum discusses action planning and presents the training schedule. Section I focuses on the definition of staff sexual misconduct and presents an overview of the national scope of staff sexual misconduct. Staff sexual misconduct is broadly defined as "any behavior or act of a sexual nature directed toward an inmate by an employee, volunteer, visitor, or agency representative." Topics addressed in section I include a summary of national reports on the issue, headlines from media sources, relevant facts and figures, personal and professional risks associated with staff sexual misconduct, proactive and reactive responses to the problem, and action planning. Section II addresses legal considerations in staff sexual misconduct. The objectives of this section are to identify constitutional issues for both staff and inmates regarding staff sexual misconduct; to review cross-gender cases that involve both male and female inmates; to discuss qualified immunity; to review the legal concept of "bona fide occupational qualification;" to discuss qualified immunity; to provide an overview of civil lawsuits and outcomes pertinent to staff sexual misconduct; to critique State laws; and to review employment law as it relates to the investigation, sanctioning, and termination of employees. Section III of the curriculum features topics related to institutional culture and staff/inmate dynamics. The objectives of this section are to identify agency culture and how it impacts all aspects of staff sexual misconduct; to describe and identify a sexualized work environment; and to examine the human factors that influence staff sexual misconduct and determine how these factors influence staff and inmates, as well as inmate management issues. Section IV, which pertains to the development of a proactive investigative framework, discusses agency tools for investigations in addition to the investigative framework. Material on the latter topic considers the establishment of investigative partners and demystifying the investigative process. The concluding section (section V) addresses administrative considerations in the investigation of staff sexual misconduct and the investigative response to allegations. Activity booklet and action planning, appended supplementary material, and an 88-item bibliography