Sexual Abuse Grievances

(1) Time limits established in 103 CMR 491.14(1) shall not apply to grievances alleging sexual abuse. (2) Inmates shall not be required to exhaust informal processes with regard to allegations of sexual abuse. (3) Inmates shall submit grievances regarding sexual assault/abuse in accordance with 103 CMR 491.13(4). An inmate shall not be required to submit their grievance to a staff member who is the subject of the grievance. (4) All grievances containing allegations of sexual assault/abuse for inmate on inmate allegations will be investigated in accordance with 103 DOC 519: Sexually Abusive Behavior Prevention and Intervention. Staff on inmate allegations will be addressed in accordance with 103 DOC 522: Internal Affairs Unit, and/or 103 DOC 519. Additionally, whenever a grievance pertaining to sexual abuse has been referred for investigation, inmates will be notified of the action taken within the grievance decision. A separate response from the Commissioner's designee will be provided upon conclusion of the indicated investigation. (5) Allegations of sexual abuse reported by third parties, including, but not limited to, other inmates, staff members, family members, attorneys, and outside advocates, shall be addressed in accordance with 103 DOC 519: Sexually Abusive Behavior Prevention and Intervention and/or 103 DOC 522: Internal Affairs Unit. The Department of Correction shall document if an inmate declines to have the request processed on his or her behalf. (6) Whenever an inmate files an emergency grievance alleging that he or she is at a substantial risk of imminent sexual abuse, the grievance shall be responded to within 48 hours of receipt. Emergency grievance appeals shall be responded to within five calendar days of receipt. Responding staff should take into consideration weekends and holidays and shall respond on the business day prior to the weekend and/or holiday when necessary to ensure timely response. No timeframe extensions shall be authorized for grievance and grievance appeal responses for sexual abuse grievances. (7) During non-business hours, inmates shall report allegations of sexual abuse verbally to institution staff, who shall promptly report the allegations to the Shift Commander. Upon receipt of information that an inmate has been sexually abused, the Shift Commander shall ensure that proper protocol is followed in order to protect the potential victim and preserve any evidence. (8) The absence of a grievance response after six months shall be deemed a denial of the grievance.