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 90-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "Accept" shall mean the act of formally
						receiving the grievance for a review of the grievance on the merits.
2.2 "Commissioner" shall mean the Commissioner
						of Corrections. Any task to be completed by the Commissioner herein may be
						completed by his/her designee.
2.3
						"Days" shall mean working days exclusive of weekends or state holidays.
2.4 "Exhaustion" shall mean submitting an
						accepted grievance and properly appealing an accepted grievance fully and
						receiving a final response thereto by the Commissioner. Rejections do not
						constitute exhaustion. Remands are not final responses unless expressly stated in
						the decision.
2.5
"
Grievance" shall mean the formal process by which an inmate seeks
						redress over any matter concerning prison life, whether it involves general
						circumstances or particular episodes. The term "grievance" shall be considered
						the administrative remedy for prisoners unless this policy specifically sets
						forth another administrative procedure.
2.6 "Grievance Number" shall be a number
						affixed at the inmate's place of incarceration or point of receiving the
						grievance which shall be set by a two digit number for the year in which the
						grievance is filed (ex. 07) separated by a hyphen, the second part of the number
						shall be the facility designation which are the following:
ACC Anthony Correctional Center
BCC Beckley Correctional Center
CWRC Charleston Work Release Center
DCC Denmar Correctional Center
HCC Huttonsville Correctional Center
HWC Huttonsville Work Camp
HWRC Huntington Work Release Center
LCC Lakin Correctional Center
MCC Martinsburg Correctional Center
MDC McDowell / Stevens Correctional Center
MOCC Mount Olive Correctional Complex
NCC Northern Correctional Center
OCC Ohio County Correctional Center
PBCC Parkersburg Correctional Center
PCC Pruntytown Correctional Center
SCC Salem Correctional Center
SMCC St. Marys Correctional Center
SWC Slayton Work Camp
After the facility designation and a hyphen, the facility shall
							assign a distinct sequential number which shall be utilized for tracking the
							grievance and for reference. The number shall be set forth by the inmates unit
							designation and a sequential number separated by a hyphen. For tracking the Unit
							Manager of each unit shall maintain a log of grievances. The log shall conform to
							attachment 2 and sequential numbers shall be assigned from the beginning of each
							calendar year.
2.7. "Inmate"
						shall mean an inmate either presently at the facility or having previously been
						incarcerated at the facility.
2.8.
						"Investigate" refers to a process, whether formal or informal, by which
						information necessary to compile a response is provided. It can be as simple as a
						verbal inquiry or can involve a more detailed investigation.
2.9. "Ordinary administrative remedy" shall
						mean a formal administrative process by which an inmate submits a grievance
						seeking redress or presenting concerns regarding any general or particular aspect
						of prison life which does not involve violence, sexual assault or sexual abuse
						against an inmate. An ordinary administrative remedy includes, but is not limited
						to, complaints concerning food quality, health care, appeals of prison
						discipline, physical plant, classification, staff treatment or some other alleged
						wrong.
2.10. "Reject" shall mean a
						refusal to review a grievance on the merits due to a failure of the inmate to
						follow the procedural requirements for filing such grievance. Except in cases
						filed under Section 7 of this Rule, grounds for rejection shall include but not
						be limited to failure to file the grievance in a timely manner; filing a
						grievance on a matter that has been previously submitted in a prior grievance;
						attaching excessive pages; submitting writing on multiple sides of a page;
						submitting a grievance appeal out of conformity with this policy (for example;
						including more than one grievance in a mailing) or any other matter that would be
						out at variance with this policy.
2.11. "Remand" means to return a grievance to a
						lower level for further action. When a grievance is remanded, unless the decision
						specifies otherwise, it is expected that a new decision will be issued at the
						level to which the grievance is remanded and the process continues at that level
						in the same manner as if it were originally filed/appealed to that level. Unless
						other times are specified action on a remand shall occur within 10 days of its
						receipt.
2.12. Sexual
						Abuse
:
2.12.1. Inmate-on-inmate
						sexual abuse: Encompasses all incidents of inmate-on-inmate sexually abusive
						contact and inmate-on-inmate sexually abusive penetration.
2.12.1.a. Inmate-on-inmate sexually abusive
						contact: Non-penetrative touching (either directly or through the clothing) of
						the genitalia, anus, groin, breast, inner thigh, or buttocks without penetration
						by an inmate of another inmate without the latter's consent, or of an inmate who
						is coerced into sexual contact by threats of violence, or of an inmate who is
						unable to consent or refuse.
2.12.1.b. Inmate-on-inmate sexually abusive
						penetration: Penetration by an inmate of another inmate without the latter's
						consent, or of an inmate who is coerced into sexually abusive penetration by
						threats of violence, or of an inmate who is unable to consent or refuse. The
						sexual acts included are:
2.12.1.b.1. Contact
						between the penis and the vagina or the anus;
2.12.1.b.2. Contact between the mouth and the
						penis, vagina, or anus; or
2.12.1.b.3. Penetration of the anal or genital
						opening of another person by a hand, finger, or other object.