Or. Admin. Code § 291-109-0110

Current through Register Vol. 64, No. 1, January 1, 2025

Section 291-109-0110 - Definitions

(1) Active Complaint: A grievance, discrimination complaint, or appeal of either, that is awaiting a response or is within the available timelines for appeal or return for correction.

(2) Adult in Custody (AIC): For the purposes of these rules, a person incarcerated or detained in a correctional facility who is accused of, convicted of, or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program.

(3) Adult in Custody Complaint Review Committee (AICCRC): A multi-disciplinary team chaired by the Agency Grievance and Discrimination Complaint Coordinator designated by the Inspector General and made up of institution grievance coordinators, institution discrimination complaint coordinators, and department subject matter experts.

(4) Agency Grievance and Discrimination Complaint Coordinator: An employee designated by the Inspector General to chair the Adult in Custody Complaint Review Committee (AICCRC) and provide statewide program oversight, coordination, and direction to institution grievance and discrimination complaint coordinators and department employees, managers, and administrators relating to the adult in custody grievance and discrimination complaint programs.

(5) Communication: A process by which information is exchanged between individuals, usually through verbal or written message.

(6) Communication Form: An official Department of Corrections form commonly referred to as a "kyte" or "kite." The form is designed for use by adults in custody for communicating with department employees, volunteers, or contractors and allows employees, volunteers, or contractors to respond in writing to the adult in custody, when appropriate.

(7) Contractor: Any person under contractual arrangement to provide services to the department; any person employed by private or public-sector agencies who is serving under any department-sanctioned assignment to provide services or support to department programs.

(8) Court Name: For the purposes of these rules, the definition of "court name" is defined in OAR 291-100 Admission, Sentence Computation, and Release.

(9) Department of Corrections Employee (Employee): Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.

(10) Directive: A term generally used to describe a Department of Corrections administrative rule or policy signed by the Director or designee, or other procedural guidelines, orders, or official instruction.

(11) Discrimination Complaint: A written complaint submitted by an adult in custody in accordance with the department's rules on Discrimination Complaint Review System (OAR 291-006).

(12) Emergency Grievance: A grievance alleging actual or significant risk of immediate physical harm.

(13) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or coordination of program operations. In a correctional facility, the functional unit manager is the superintendent.

(14) Grievance: A written complaint submitted by an adult in custody in accordance with the department's rules on Grievance Review System (OAR 291-109).

(15) Inspector General's Hotline: A toll-free phone number where adults in custody may report misconduct by other adults in custody, and abuse of lawful authority or criminal activity of department employees in order to protect the life, health, and safety of both employees and adults in custody.

(16) Institution ADA Coordinator: The department employee or designee assigned by the functional unit manager to coordinate compliance with and carry out responsibilities under the Americans with Disabilities Act regarding access to department programs, services, and activities for adults in custody with disabilities, and to communicate about ADA matters within their respective functional unit.

(17) Institution Discrimination Complaint Coordinator: The department employee or designee assigned by the functional unit manager to coordinate discrimination complaint processes and communicate about discrimination complaint related matters within their respective functional unit.

(18) Institution Grievance Coordinator: The department employee or designee assigned by the functional unit manager to coordinate grievance processes and communicate about grievance related matters within their respective functional unit.

(19) Oregon Corrections Enterprises: A semi-independent state agency that is a non-Department of Corrections agency or division, which is under the authority of the Director of the Department of Corrections.

(20) Sexual Harassment: Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one adult in custody directed toward another: and repeated verbal comments or gestures of a sexual nature to an adult in custody by an employee, contractor or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

(21) Vendor: A person or company contracted to provide services directly for sale to adults in custody through the department (for example, companies providing telephone services).

(22) Volunteer: A person who, with prior approval from the department, donates time, knowledge, skills, or effort to the department, Oregon Corrections Enterprises, or other state agency to enhance the mission, activities, and programs of the department.

Or. Admin. Code § 291-109-0110

CD 3-1979, f. 1-18-79, ef. 1-25-79; CD 34-1981(Temp), f. & ef. 8-7-81; CD 5-1982, f. & ef. 1-29-82; CD 39-1983(Temp), f. & ef. 10-14-83; CD 6-1984, f. & ef. 4-9-84; CD 53-1985, f. & ef. 8-16-85; CD 56-1986, f. & ef. 12-5-86; CD 13-1992, f. 6-15-92, cert. ef. 6-26-92; DOC 29-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 17-2000, f. & cert. ef. 6-19-00; Renumbered from 291-109-0010, DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03; DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11; DOC 16-2019, amend filed 10/18/2019, effective 10/18/2019; DOC 29-2024, amend filed 12/30/2024, effective 1/1/2025

Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075