Or. Admin. Code § 291-171-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-171-0020 - Grievance Review System

(1) General Requirements:

(a) If an offender is unable to resolve an issue through informal communications, the department encourages the offender to seek resolution of the issue by submitting a written grievance using the Offender Grievance form (CD117 CC) in accordance with these rules. As with informal communications, offenders should use a civil and respectful tone and manner in their written grievances to attempt to resolve the issue or concern.

(b) An offender grievance must include a complete description of the incident, action, or application of the rule being grieved, including date and approximate time. Only supporting documentation that directly relates to the issue being grieved, such as official reports, action plans, etc., should be attached and submitted with the grievance.

(c) An offender grievance may request review of just one matter, action or incident per offender grievance form.

(d) An offender may submit only his/her signature on a grievance form.

(e) If an offender attempts to grieve an issue by use of any written communication other than the department's approved grievance form, the communication shall be returned to the offender with instructions to resubmit the grievance on the department's approved grievance form.

(2) An offender may file a single grievance concerning any of the following matters:

(a) The misapplication of any administrative directive or operational procedure;

(b) The lack of an administrative directive or operational procedure;

(c) Any unprofessional behavior or action which may be directed toward an offender by an employee, contractor, or volunteer of the Department of Corrections;

(d) Any oversight or error affecting an offender;

(e) The loss or destruction of property as designated in ORS 144.404 to 144.409.

(f) Sexual contact, solicitation or coercion between an employee, contractor, volunteer of the department and an offender.

(3) An offender cannot grieve the following:

(a) Grievances relating to actions or decisions not within the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision).

(b) Incidents or actions for which there exists a separate appeal or review process as identified by statute or by an OAR that an offender may take part in. A use of force review, as described in OAR 291-022-0210, is not a separate appeal or review process for purposes of this rule.

(c) Incident(s) or problem(s) to which an offender was not a party;

(d) Claims or issues for which the offender has filed a Notice of Tort Claim with the Oregon Department of Administrative Services, Risk Management Division;

(e) Claims or issues the offender has pursued or is pursuing in pending litigation in state or federal courts; or

(f) Group grievances representing other offenders, or acts where an offender is a spokesperson for other offenders.

(5) An offender may not file more than one grievance regarding a single incident or issue unless more than one employee, volunteer, or contractor is directly involved in the incident. A separate grievance must be filed for each individual.

(6) An offender may file a grievance regarding the same issue as a previously filed grievance provided there is another incident and new information is available about the issue.

Or. Admin. Code § 291-171-0020

DOC 21-2018, adopt filed 08/10/2018, effective 8/10/2018

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

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