Staff Development Emergency Operations 1. Identify 5 purposes of the offender/student grievance...

Staff Development Emergency Staff Development Emergency OperationsOperations

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Identify Identify 55 purposes of the purposes of the offender/student grievance processoffender/student grievance processIdentify Identify 55 grievable issues grievable issuesIdentify Identify 1212 non-grievable issues non-grievable issuesIdentify Identify 10 10 guidelines for writing a guidelines for writing a grievancegrievance

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Performance ObjectivesPerformance Objectives

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A fair, prompt decision and action to anA fair, prompt decision and action to an individual offender/student complaintindividual offender/student complaint

An available channel for hearing andAn available channel for hearing and resolving concerns of offenders/studentsresolving concerns of offenders/students

A management toolA management toolA way to lessen conflict between offenders A way to lessen conflict between offenders

& staff, and offenders & other offenders& staff, and offenders & other offendersAdministrative remedy to complaints beforeAdministrative remedy to complaints before

the submission of the complaint to the the submission of the complaint to the court court

Attempts to resolve problems informally Attempts to resolve problems informally mustmust be made by the offender before a be made by the offender before a

formal written grievance can be filedformal written grievance can be filed

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Time Requirements: An offender shall attempt to contact staff within five (5) working days after the incident Staff receiving the complaint shall determine if he/she can address the complaint. If not, the staff person shall, within two (2) working days, contact staff who may be able to resolve the complaint If complaint cannot be resolved in ten (10) working days, the offender shall be permitted to submit a grievance form

Informal Resolution (Adults)

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Documentation… Due to this step in the process being informal, the Department prescribes no form for documentation. A facility is free to generate its forms as a means of documenting attempted informal resolution including dates and those involved in the matter. Any such documents should become part of the official record of the grievance process dealing with the complaint.

May be filed May be filed afterafter the informal process the informal process has failedhas failedStaff and offenders have specific rules Staff and offenders have specific rules and procedures for the processand procedures for the processJuveniles are encouraged to resolve Juveniles are encouraged to resolve issues informally , but may file a formal issues informally , but may file a formal written grievance immediatelywritten grievance immediately

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Formal Written Grievance…

An adult offender has 20 working days to submit a completed grievance form from the date of the incident (State Form 45471: “OFFENDER GRIEVANCE”)

The offender shall be provided State Form 45471 within one (1) working day from the date the form is requested

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Formal Written Grievance…

Staff shall forward the completed grievance form to the Executive Assistant within one (1) working day of receiving it If the offender does not receive a receipt or rejected form from the Executive Assistant within seven (7) working days of submitting it, the offender will immediately notify the Executive Assistant of that fact

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Grievance Standards… Each part of the grievance form must

be completed It must be written legibly, in plain simple English It must avoid the use of legal terminology It must raise the same issue the offender raised in attempting an informal resolution It must relate to one event or issue It must be submitted on his/her own behalf, though it can be written by another offender or staff due to physical/language problems

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Grievance Standards… It must explain how the

situation/incident affects the offender It must show how the offender attempted to informally resolve the complaint The offender must sign the grievance form unless unable to due to transfer or inability to write (staff must indicate the reason the offender did not sign) The grievance form must be dated The offender must suggest some relief or remedy

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Grievance Standards…

If the grievance form is returned to the offender for not attempting to resolve the complaint informally, the offender shall be given five (5) working days from the date the State Form 45475 “RETURN OF GRIEVANCE” is completed to seek an informal resolution, and his/her failure to do so will disqualify him/her from filing a grievance.

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Grievance Standards…

If the offender does seek an informal resolution within five (5) working days and there is no resolution within fifteen (15) working days of the date the grievance form was returned, the offender shall have five (5) working days after that to submit a revised grievance form reporting that fact.

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Grievable Grievable IssuesIssues

The substance, interpretation, and application of policies, procedures, and rules of the Department or facility (including, but not limited to correspondence, staff treatment, medical or mental health, some visitation and food service) The way that staff members are interpreting and applying policies, procedures, or rules of the Department or of the facility

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Grievable Issues…

Actions of individual staff, contractors, or volunteers Acts of reprisal for the good faith use of, or participation in, the Offender Grievance Process Any other concerns relating to conditions of care or supervision within the Department or its contractors

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Non-Grievable IssuesNon-Grievable Issues

1.1. Federal, State, and Local lawsFederal, State, and Local laws2.2. Court actions and decisions, includingCourt actions and decisions, including pre-sentence investigation reportspre-sentence investigation reports3. Parole Board actions or Indiana 3. Parole Board actions or Indiana

ClemencyClemency Commission decisions (Adult)Commission decisions (Adult)4.4. Parole Agent recommendations to the Parole Agent recommendations to the

ParoleParole Board (Adult)Board (Adult)5.5. Classification decisions or actionsClassification decisions or actions

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Non-Grievable Non-Grievable IssuesIssues

6. Disciplinary decisions or actions6. Disciplinary decisions or actions7. 7. Contents of grievance/appeal response from Department Offender Grievance Manager8. Complaints on behalf of other offenders9. The denial of a sex offender’s visit with

minors based on results of Department’s case

review10. Issues over which the Department has no control

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Non-Grievable Issues…11. Loss, damage or destruction of an offender’s personal property where

the offender is seeking reimbursement or a monetary award for such loss which

is covered by the administrative

procedures for Policy 00-01-103, “Tort Claims for Property Loss”12. A Facility Head’s decision to designate

an offender as an abuser of the

grievance program, restricting the offender’s

access to the Offender Grievance Process

The appropriate remedy is to be provided in a timely

manner if the grievance is decided in favor of the offender.

Note: No grievance will be rejected because an offender seeks an improper or unavailable remedy, except that a grievance will be rejected if the offender seeks:

A remedy available through classification staff A remedy for an error allegedly occurring during a

disciplinary proceeding A remedy to a situation/event that is outside the authority of the Department

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Remedies…The Department may, at its discretion,

provideone or more of the following remedies:

1. Provide or replace state-issued items that have been lost, stolen, or damaged through the negligence of staff

2. Report possible staff negligence to the Attorney General for consideration of providing a remedy through the Tort Claims fund in the event a notice is submitted under the Indiana Tort Claims Act

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Remedies…

3. Change Department or facility procedures

or practices

4. Correct Department records

5. Provide other remedies as deemed appropriate by the Facility Head

Offenders using the Offender Grievance Offenders using the Offender Grievance Process in good faith shall Process in good faith shall notnot be subject be subject to reprisal from staff or other offendersto reprisal from staff or other offenders

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All formal grievances submitted by All formal grievances submitted by offenders are forwarded to the offenders are forwarded to the

Executive Assistant who ensures Executive Assistant who ensures compliance with administrative compliance with administrative

proceduresproceduresDuties…Duties…

1515 working days to investigate/respond to working days to investigate/respond to grievance (grievance (adultsadults))1010 working days to investigate/respond to working days to investigate/respond to grievance (grievance (juvenilesjuveniles))

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Responsible for the Responsible for the overall management overall management

of the offender of the offender grievance processgrievance process

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Offender must submit formal grievance on Offender must submit formal grievance on State Form 45471 which must be provided to State Form 45471 which must be provided to them within one (1) working day of request them within one (1) working day of request AdultAdult offenders must submit grievance within offenders must submit grievance within 2020 working days from date of incident working days from date of incident

JuvenilesJuveniles must submit grievance within must submit grievance within 1010 working days from date of incidentworking days from date of incident

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Executive Assistant has Executive Assistant has 15 working days 15 working days toto investigate and respond to grievance (adult)investigate and respond to grievance (adult) Juvenile facility: Juvenile facility: Executive Assistant has Executive Assistant has 1010 working days working days to investigate and respondto investigate and respond

AdultAdult offenders may file appeal to Department offenders may file appeal to Department Offender Grievance Manager within Offender Grievance Manager within 10 working10 working daysdays

Juvenile/studentsJuvenile/students may appeal grievance may appeal grievance responseresponse

to Facility Head, who is final reviewing authorityto Facility Head, who is final reviewing authority26

Offender must be provided appeal forms Offender must be provided appeal forms within one within one (1)(1) working day working dayStaff receiving an appeal shall forward appealStaff receiving an appeal shall forward appeal

to Executive Assistant within one (1) workingto Executive Assistant within one (1) working day day

Executive Assistant shall provide offenderExecutive Assistant shall provide offender a receipt for appeal within one (1) workinga receipt for appeal within one (1) working day from date appeal is logged intoday from date appeal is logged into Offender Grievance SystemOffender Grievance System

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Executive Assistant must review, log, and Executive Assistant must review, log, and email the appeal to Department Offender email the appeal to Department Offender Grievance Manager within Grievance Manager within 55 working days of working days of receiptreceiptDepartment Offender Grievance Manager Department Offender Grievance Manager shall confirm appeal is received fromshall confirm appeal is received from

Executive Assistant via emailExecutive Assistant via emailDepartment Offender Grievance ManagerDepartment Offender Grievance Manager

shall complete investigation, submit responseshall complete investigation, submit response within 20 working days, return appeal within 20 working days, return appeal

response to Executive Assistant via emailresponse to Executive Assistant via email28

Executive Assistant will review/log appeal Executive Assistant will review/log appeal response, print copy of appeal response, response, print copy of appeal response, ensure offender receives appeal response ensure offender receives appeal response within two (2) working dayswithin two (2) working days

NOTENOTE: Juvenile (student): following final : Juvenile (student): following final resolution of grievance, whether in resolution of grievance, whether in student’s favor or not, Executive Assistant student’s favor or not, Executive Assistant or other designated staff shall meet with or other designated staff shall meet with student to ensure any approved action to student to ensure any approved action to resolve grievance has been completedresolve grievance has been completed

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Time Extensions…

Offender: An offender who does not follow thetime limits set out in administrative procedureshould expect to have his/her grievance orappeal denied for that reason unless he/she isable to show good cause.

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Time Extensions…

The Executive Assistant may extend his/her deadline once for 15 working days, 20 working days for the Department Offender Grievance Manager . This shall be done by notifying the offender of the extension within the original period for responding.

Name(s) of staff involvedName(s) of staff involvedDate and time of incidentDate and time of incidentLocation of incidentLocation of incident

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Elements of a Elements of a GrievanceGrievance

What happened or was saidWhat happened or was said Names of witnessesNames of witnesses Names of staff contacted by the offender Names of staff contacted by the offender

and the response provided to the and the response provided to the offender at the informal stepoffender at the informal step

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Elements of a Elements of a GrievanceGrievance

Offender must exhaust administrative Offender must exhaust administrative remedies through former facilityremedies through former facilityFormal grievance must be written within Formal grievance must be written within 2020 working days of transfer or releaseworking days of transfer or releaseA grace period should be allowed for offender A grace period should be allowed for offender or staff to communicate with another facilityor staff to communicate with another facility

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Offenders will not be allowed to abuse this programDetermination if an offender is abusing the program will not be based solely on the number of complaints filedTypes of grievances and subject matter will be considered in the determination

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Abuse of Grievance Process… Executive Assistant may interview an offender who appears to be abusing the process and refer the offender to the Facility Head. The Facility Head shall determine whether the offender is an abuser of the grievance process, and may restrict the offender up to ten (10) active grievances in the grievance system at one time, excluding life threatening or court-remanded grievances

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Abuse of Grievance Process… The offender shall be placed on such

restriction for a period of ninety (90) calendar days from the date of determination. An offender’s ability to seek resolution of grievances through the informal process shall not be restricted. A decision to restrict an offender’s access to the Offender Grievance Process shall be automatically forwarded to Central Office for review by the Department Offender Grievance Manager.

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You have completed the module on You have completed the module on Offender & Student Grievances…Offender & Student Grievances…

If you have any questions, review If you have any questions, review the module again.the module again.

Please proceed to the next module!Please proceed to the next module!

Staff Development Emergency Operations