West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-09 - Inmate Grievance Procedures › Section 90-9-7 - Special Procedures for Allegations of Sexual Abuse

Current through Register Vol. XLI, No. 28, July 12, 2024
In cases where an inmate alleges they have been sexually abused as defined in this Rule:
7.1. An inmate
						may file a grievance at any time concerning sexual abuse and the grievance shall
						not be rejected at the Unit Manager's level.
7.2. In any case where an inmate would be
						required to submit his or her grievance to a staff member they are alleging
						engaged in the sexual abuse, the inmate shall submit the grievance to the
						Warden/Administrator (or if the Warden/Administrator is the individual alleged to
						be the individual sexually abusing the inmate, to the Commissioner). The
						Warden/Administrator and/or the Commissioner, as the case may be shall then
						assign appropriate staff to respond to the grievance.
7.3. The time frames for processing the
						grievance and for appeals shall be the same as for ordinary greivances which
						requires completion of the process within 60 days.
7.4. Reports and correspondence not initially
						filed as a grievance.
7.4.1. Whenever a staff
						member is notified either verbally or in writing of an allegation that an inmate
						has been sexually abused, including notification from another inmate, the staff
						member shall transmit a copy of this information to the Warden/Administrator, who
						shall forthwith transmit the same to the Director of the Corrections'
						Investigation Division and to the Inmate's Unit Manager. In the event the
						Warden/Administrator is the one accused of committing the sexual abuse, the copy
						shall be directly sent to the Director of the Corrections' Investigation Division
						and Unit Manager by the staff member. The Unit Manager shall consider such
						notification as a grievance submitted on behalf of the inmate and shall assign
						the information a grievance number. The Unit Manager shall ensure that all verbal
						reports are reduced to writing. A grievance or an appeal thereof relating to
						sexual abuse shall not be rejected due to defects in the form of the grievance or
						for any other reason for rejection as noted above.
7.4.2. The Unit Manager or assigned staff
						member shall inform the inmate allegedly sexually abused that a grievance has
						been submitted on his or her behalf and shall process it under the above stated
						procedures. The Unit Manager shall also request the inmate to complete a
						grievance form, but the inmate is not required. If the inmate expressly requests
						that it not be processed, the Unit Manager shall document any such request and
						close the grievance. Provided however, that the Unit Manager shall remain
						responsible for ensuring the information was reported to the Corrections
						Investigation Division.
7.4.3. After
						the Unit Manager's initial actions, the inmate will be responsible for personally
						pursuing any subsequent steps in the grievance process through
						exhaustion.