Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-04 - Appropriate supervision, discrimination and racial issues

Current through all regulations passed and filed through July 1, 2024
(A) Discrimination
			 with regards to supervision and administrative actions against any inmate or
			 group of inmates, on the basis of race, color, religion, gender, sexual
			 orientation, disability, age or national origin, by any staff member, or by any
			 group or individual representing the department is strictly prohibited. Any
			 substantiated acts of discrimination on the part of staff
			 will be
			 addressed through the employee disciplinary process, which may include such
			 sanctions as suspension or removal.
(B) As used herein, the term "inappropriate
			 supervision" means any continuous method of annoying or needlessly harassing an
			 inmate or group of inmates, including, but not limited to, abusive language,
			 racial/sexual derogatory slurs, and the writing
			 of inmate conduct reports strictly as a means of harassment. A single incident
			 may, due to its severity or egregiousness, be considered inappropriate
			 supervision for purposes of this rule.
(C) To provide a monitoring mechanism to
			 ensure conduct reports are not being issued strictly for harassment purposes
			 the department of rehabilitation and correction shall keep a record of conduct
			 reports written by each staff member. The record shall include a copy of the
			 conduct report and its disposition.
(D) Inmates may always address issues of
			 alleged discrimination, including inappropriate supervision by utilizing the
			 inmate grievance procedures in accordance with rule
			 5120-9-31 of the Administrative
			 Code.
(E) Notwithstanding paragraph
			 (D) of this rule, when any staff member receives an inmate complaint that
			 appears to allege inappropriate supervision as defined by this rule, the staff
			 member shall immediately forward the complaint to the inspector of
			 institutional services for review.
(F) If after review the inspector of
			 institutional services determines the complaint to constitute a possible
			 violation of appropriate supervision the following procedure shall apply:
(1) The inspector of institutional services
			 shall promptly interview the inmate who wrote the complaint. The inmate shall
			 at this time be advised of the availability of the inmate grievance procedures
			 if the inmate wishes to pursue the complaint on his own behalf.
(2) Regardless of the inmate's decision
			 whether or not to utilize the inmate grievance procedures, if the inspector of
			 institutional services, based on his interview with the inmate, finds that the
			 inmate's complaint may have merit, the inspector of institutional services
			 will
			 conduct further investigation, including conducting interviews of the staff
			 member(s) involved, potential or identified witnesses, and anyone else the
			 inspector of institutional services feels may have relevant testimony to
			 give, and video footage to include body worn camera
			 footage. If relevant to the complaint, the inspector of institutional
			 services shall review the staff member's conduct report writing
			 record.
(3) After the inspector of
			 institutional services has completed the investigation,
									
									the inspector of institutional services shall then
			 make a conclusion as to whether or not the supervision of the staff member was
			 appropriate. If the inspector determines the
			 supervision was inappropriate, the inspector will write a report to the
			 managing officer that will include the incarcerated adult's original complaint,
			 the inspector of institutional services' finding of fact, and the evidence upon
			 which the finding is based. In cases where the inmate has filed a
			 grievance, the inspector of institutional
			 services will also provide the inmate with a disposition to the
			 grievance, which will include the inspector of institutional services'
			 findings, consistent with rule
			 5120-9-31 of the Administrative
			 Code. The inspector's report to the managing officer shall also serve as the
			 administrative investigation into conduct which may be in violation of
			 departmental policies procedures and/or rules. The inspector's report may be
			 used to support employee disciplinary actions.
(4) The managing officer may order additional
			 investigation, if the managing officer deems necessary. At the point the
			 managing officer decides the incident has been thoroughly investigated, the
			 managing officer will take any appropriate action necessary.
(5) A copy of all documents related to the
			 complaint and investigation, including the report to the managing officer and
			 the managing officer's response, if any, shall be maintained by the inspector
			 of institutional services in accordance with the established and applicable
			 record retention schedule.