U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 2015

Home Browse Search

ERCIOSA-15-0007 ATTACIINIENT 4: INCORPORATION OF DHS PREA STANDARDS UL (iii) Reviewing prior complaints and. reports of sexual abuse involving the suspected perpetrator; iv, (iv) Assessment of the credibility of an alleged victim, suspect, or witness, without regard to the individual's status as detainee, staff, or employee, and without requiring any detainee who alleges sexual abuse to submit to a polygraph; v. (v) An effort to determine whether actions or failures to act at the facility contributed to the abuse; and vi. (vi) Documentation of each investigation by written report, which shall include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings, and vii. (vii) Retention of such reports for as long as the alleged abuser is detained or employed by the agency or facility, plus five years. (b) Such pn000dures shall govern the coordination and sequencing of the two types of investigations, in accordance with paragraph (2) of this section, to ensure that the criminal investigation is not compromised by an internal administrative investigation. (4) The agency shall review and approve the facility policy and procedures for coordination and conduct of internal administrative investigations with the assigned criminal investigative entity to ensure nen-interference with criminal investigations. (5) The departure of the alleged abuser or victim from the employment or control of the facility or agency shall not provide a basis for terminating an investigation. (6) When outside agencies investigate sexual abuse, the facility shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation. DISCIPLINE 115.76 Disciplinary sanctions for staff (1) Staff shall be subject to disciplinary or adverse action up to and including removal from their position and the Federal service for substantiated allegations of sexual abuse or for violating s.gency or facility sexual abuse policies. (2) The agency shall review and approve facility policies and procedures regarding disciplinary or adverse actions for staff and shall ensure that the facility policy and procedures specify disciplinary or adverse actions for staff, up to and including removal from their position and from the Federal aoMoe for staff, when there is a substantiated allegation of sexual abuse, or when there has been a violation of agency sexual abuse rules, policies, or standards, Removal from their position and from the Federal service is the presumptive disciplinary sanction for staff who have engaged inor attempted or threatened to engage in sexual abuse, as defined under the definition of sexual abuse of a detainee by a staff member, contractor, or volunteer, paragraphs (a) - (d) and (g) - (h) of the definition of "saxual abuse of a detainee by a staff mecabor, contractor, or volunteer" in § 115.6. (3) Eacll facility shall report all removals or resignations in her. of removal for violations of agency or facility sexual abase policies to appropriate law enforcement agencies, unless the activity was clearly not criminal. (4) Each facility shall mance reasonable efforts to report removals or resignations in lieu of removal for violations of agency or facility sexual abuse policies to any relevant licensing bodies, to the extent laiown. 115 77 Corrective action for contractors and ,volunteers, (l) Any contractor or volunteer who has engaged in sexual abuse shall be prohibited from contact with detainees. Each facility shall make reasonable efforts to report to any relevant licensing 13