Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-31 - The inmate grievance procedure

Current through all regulations passed and filed through July 1, 2024
(A) The department of rehabilitation and
			 correction (DRC) shall provide inmates with access to an inmate grievance
			 procedure. This procedure is designed to address inmate complaints related to
			 any aspect of institutional life that directly and personally affects the
			 grievant. This may include complaints regarding the application of policies,
			 procedures, conditions of confinement, or the actions of institutional
			 staff.
(B) The inmate grievance
			 procedure will not serve as an additional or substitute appeal process for
			 hearing officer decisions, rules infraction board decisions or those issues or
			 actions which already include a separate appeal mechanism beyond the
			 institution level or those issues or actions where a separate administrative
			 rule specifically indicates there is no appeal or where a final decision has
			 been rendered by operation support center staff or a managing officer. Other
			 matters that are not grievable include complaints related to legislative
			 actions, the Ohio Revised Code, Administrative Code, ODRC policies, and
			 decisions of the adult parole authority, judicial proceedings and sentencing or
			 complaints whose subject matter is exclusively within the jurisdiction of the
			 courts or other agencies. Complaints which present allegations which fall, in
			 part, within the scope of paragraph (A) of this rule and in part within this
			 paragraph will be considered to the extent they are not excluded under this
			 paragraph.
(C) A written
			 explanation of and instructions for the use of the inmate grievance procedure
			 shall be readily available to both staff and inmates. Newly hired staff, and
			 newly incarcerated inmates at reception shall receive a written and oral
			 description of the procedure. Inmates shall also receive information regarding
			 the inmate grievance procedures during orientation at their parent institution.
			 Appropriate provisions shall be made as necessary for inmates not fluent in
			 English, persons with disabilities and those with low literacy levels. All
			 materials used to provide information and training on the inmate grievance
			 procedure to staff and inmates shall be prepared or approved by the office of
			 the chief inspector.
(D) Inmates
			 may utilize the inmate grievance procedure regardless of any disciplinary
			 status, or other administrative or legislative decision to which the inmate may
			 be subject. Appropriate provisions shall be made to ensure access to the inmate
			 grievance procedure by inmates not fluent in English, persons with
			 disabilities, and those with low literacy levels. Each institution shall ensure
			 a secure method exists for inmates to 
								send kites, informal complaints, grievances, and
			 other institutional correspondence to staff.
(E) Limited restrictions may be imposed, only
			 with the approval of the chief inspector, based upon an inmate's abuse or
			 misuse of the inmate grievance procedure. Such a restriction shall be for a
			 stated period of time not to exceed ninety days and subject to extension by the
			 chief inspector if the inmate has not substantially complied with the
			 restriction requirements. Provisions shall be made to ensure that the inmate
			 can pursue issues that could present a substantial risk of physical injury,
			 such as medical concerns, through the inmate grievance procedure. Any inmate
			 subject to a restriction shall be notified in writing. Such notice shall
			 include a clear explanation of the nature of the restriction, and the length of
			 time of the restriction, (conditional upon their compliance). The notice shall
			 also include an explanation of how they may pursue issues that could present a
			 substantial risk of harm while on restriction.
(F) An inmate may be subject to disciplinary
			 action for intentionally providing false information, or disrespectful,
			 threatening or otherwise inappropriate comments made in an informal complaint,
			 grievance,
								
			 grievance appeal or grievance against the warden or
			 inspector of institutional services. Only the chief inspector or designee
			 and/or inspector of institutional services, with the approval of the chief
			 inspector or designee, may initiate disciplinary action based upon the contents
			 of an informal complaint, grievance,
								 grievance appeal or grievance against the warden or inspector of
			 institutional services. Failure of the inmate to substantiate his or her
			 grievance allegations shall not, by itself, be used as grounds to initiate
			 disciplinary action.
(G)
			 Retaliation or the threat of retaliation for the use of the inmate grievance
			 procedure is strictly prohibited. Any alleged or threatened retaliation may be
			 pursued through the inmate grievance procedure. Appropriate disciplinary action
			 shall be taken against any employee found to be in violation of this
			 rule.
(H) Grievance records are
			 considered confidential and shall be maintained in a secure manner. No
			 grievance records shall be placed in any inmate file which is available to the
			 adult parole authority, except when the record is the basis of disciplinary
			 action initiated by the inspector and authorized by the chief
			 inspector.
(I) Only the
			 
								procedure designated by the chief inspector may be
			 used to file informal complaints, grievances,
								 grievance appeals, or grievances against the warden or inspector of
			 institutional services. Such process shall be reasonably available to
			 inmates regardless of their disciplinary status or classification. Inmates
			 shall not be required to advise a staff member, other than the inspector of
			 institutional services, of the reason the 
								procedure is
			 being initiated.
(J) The inmate
			 grievance procedure shall be comprised of three consecutive steps fully
			 described in this paragraph. This procedure is designed to address inmate
			 complaints related to any aspect of institutional life that directly and
			 personally affects the grievant, including complaints regarding the application
			 of DRC policies, procedures, conditions of confinement or the actions of
			 institutional staff. Whenever feasible, inmate complaints should be resolved at
			 the lowest step possible. Informal complaints must contain specific
			 information; dates, times, places, the event giving rise to the complaint and,
			 if applicable, the name or names of personnel involved and the name or names of
			 any witnesses. Specificity of the complaint provides institutional staff the
			 opportunity to investigate the complaint and to take corrective action to
			 address a valid complaint. In the event an inmate does not know the identity of
			 the personnel involved, a "John/Jane Doe" complaint may be filed. However, the
			 complaint shall be specific as to dates, times, places, physical descriptions
			 of any unidentified personnel and the actions of said personnel giving rise to
			 the complaint.
(1) The filing of an informal complaint -
			 step one:
Within fourteen calendar days of the date of the event giving
				rise to the complaint, the inmate shall file an informal complaint to the
				direct supervisor of the staff member, or department most directly responsible
				for the particular subject matter of the complaint. Staff shall respond in
				writing within seven calendar days of receipt of the informal complaint. If the
				inmate has not received a written response from the staff member within seven
				calendar days, the inspector 
										may grant an additional four calendar days
				for response. The inspector of institutional
				services shall take prompt action to ensure that a written response is provided
				to the informal complaint within required timelines and if a response is not provided
				within required timelines, the informal complaint step
				is automatically waived and the inmate may proceed to step two. Informal
				complaint responses 
										shall reflect an understanding of the inmate's
				complaint, be responsive to the issue, cite any relevant departmental or
				institutional rules or policies and specify the action taken, if any. The
				inspector of institutional services shall monitor staff compliance with the
				informal complaint process. Any pattern of non-compliance by staff shall be
				reported to the warden for appropriate action. The filing of an informal
				complaint may be waived if it is determined by the inspector of institutional
				services that there is a substantial risk of physical injury to the grievant,
				the complaint is filed pursuant to rule
				5120-9-03 or
				5120-9-04 of the Administrative
				Code, paragraph (H) of this rule, or for other good cause. In instances where
				the inmate has failed to meet the requirements of paragraph (J) of this rule,
				notification will be provided by the inspector stating the reason(s) why use of
				the grievance procedure is not appropriate.
(2) The filing of the notification of
			 grievance - step two:
If the inmate is dissatisfied with the informal complaint
				response, or the informal complaint process has been waived, the inmate may
				file a notification of grievance with the inspector of institutional services.
				All inmate grievances must be filed by the inmate no later than fourteen
				calendar days from the date of the informal complaint response or waiver of the
				informal complaint step. The inspector of institutional services may also waive
				the timeframe for the filing of the notification of grievance, for good cause.
				The inspector of institutional services shall provide a written response to the
				grievance within fourteen calendar days of receipt. The written response shall
				summarize the inmate's complaint, describe what steps were taken to investigate
				the complaint and the inspector of institutional service's findings and
				decision. The inspector of institutional services may
				extend the time in which to respond by no more than  fourteen days
										 with notice to the inmate. If a disposition has
				not been rendered after a total of twenty-eight days from the receipt of the
				grievance, the complaint will be deemed unresolved and the inmate may proceed
				to step three of the process. Expedited responses shall be made to those
				grievances that, as determined by the inspector of institutional services,
				present a substantial risk of physical injury to the grievant or for other good
				cause.
(3) The filing of an
			 appeal of the disposition of grievance - step three:
If the inmate is dissatisfied with the disposition of
				grievance, the inmate may file an appeal with the office of the chief
				inspector. Only issues presented in an informal
				complaint or grievance may be raised in a grievance appeal. Grievance appeals
				shall contain a clear, concise statement explaining the basis for the
				appeal. The appeal must then be filed to the office of the chief
				inspector within fourteen calendar days of the date of the disposition of
				grievance. For good cause the chief inspector or designee(s) may waive such
				time limits. The chief inspector or designee(s) shall provide a written
				response within thirty calendar days of receipt of the appeal. The chief
				inspector or designee(s) may extend the time in which to respond for good
				cause, with notice to the inmate. The decision of the chief inspector or
				designee is final. Grievance appeals concerning medical diagnosis or a specific
				course of treatment shall be investigated and responded to by a health care
				professional.