Or. Admin. Code § 291-006-0060

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

Section 291-006-0060 - [Effective 1/27/2025] Discrimination Complaint and Discrimination Complaint Appeal Submission Requirements

(1) An adult in custody who believes they have been subjected to unlawful discrimination by the department or by an employee, contractor, or volunteer of the Department of Corrections or Oregon Corrections Enterprises on the basis of race, color, national origin, religion, gender, sex, sexual orientation, marital status, age, disability, or familial status, may seek resolution of their complaint through the department's internal discrimination complaint review system by submitting a written discrimination complaint to the institution discrimination complaint coordinator using a department-approved discrimination complaint form in accordance with these rules. As with informal communications, adults in custody shall use a civil and respectful tone and manner in their written discrimination complaints to attempt to resolve the dispute.

(a) Instructions for filing discrimination complaints and discrimination complaint appeals are found on the reverse side of the forms, or the adult in custody may contact the institution discrimination complaint coordinator or the law library for assistance.

(b) Functional unit managers or designees shall ensure approved AIC discrimination complaint and discrimination complaint appeal forms are readily available to adults in custody in Department of Corrections facilities.

(2) An adult in custody must use their court name when submitting a discrimination complaint or discrimination complaint appeal, which must be entered in the designated "Name" portion of a discrimination complaint or discrimination complaint appeal form. A secondary name an adult in custody is known by may also be listed underneath their court name on a discrimination complaint or discrimination complaint appeal form by adding "aka" (or "also known as") before the additional name.

(3) Discrimination complaints and discrimination complaint appeals must be legible and written within the appropriate space provided. A discrimination complaint or discrimination complaint appeal may be up to three pages (single-sided) in length. An adult in custody must use a discrimination complaint form or discrimination complaint appeal form for each page of a discrimination complaint or discrimination complaint appeal. Discrimination complaints and discrimination complaint appeals that are not legible or contain multiple sentences per line will be returned to the adult in custody for correction.

(4) A discrimination complaint must include a complete description of the incident, issue, action, or application of rule that directly impacted the submitting adult in custody and how the adult in custody believes it has subjected them to discrimination on the basis of race, color, national origin, religion, gender, sex, sexual orientation, marital status, age, disability, or familial status.

(5) An adult in custody may only submit supporting documentation if it directly relates to the discrimination complaint or discrimination complaint appeal. Any supporting documentation should be attached and submitted with the discrimination complaint and discrimination complaint appeal. An adult in custody may submit no more than five pages (single-sided) of supporting documentation per discrimination complaint or discrimination complaint appeal. Communication forms seeking a response should not be attached to a discrimination complaint or discrimination complaint appeal and should be submitted separately.

(6) If an adult in custody cannot complete a discrimination complaint or discrimination complaint appeal form due to physical or mental impairments or language barriers, the adult in custody may contact the law library, institution discrimination complaint coordinator, or institution ADA coordinator to request assistance.

(7) An adult in custody may not write a discrimination complaint or discrimination complaint appeal for another adult in custody unless authorized by the institution discrimination complaint coordinator or institution ADA coordinator. However, the adult in custody submitting a discrimination complaint or discrimination complaint appeal form must still sign the form.

(8) An adult in custody may submit only their signature on discrimination complaint or discrimination complaint appeal forms and all pages of the discrimination complaint or discrimination complaint appeal must be signed and dated.

(9) Discrimination complaints and discrimination complaint appeal forms with foreign substances or potential biological hazards on them will not be processed. They will be disposed of in accordance with the institution's procedure on biological hazards. If the adult in custody's name and state identification number (SID) is known, the institution discrimination complaint coordinator will notify the adult in custody of the actions taken.

(10) Discrimination complaint and discrimination complaint appeal forms containing sexually explicit, derogatory, or offensive artwork, drawings, or other sexually explicit material will be returned to the adult in custody for correction.

(11) Discrimination complaint and discrimination complaint appeal forms containing hostile, sexual, abusive, or threatening language or gestures towards or about another person will be returned to the adult in custody for correction.

(12) An adult in custody may not file more than one accepted discrimination complaint or grievance regarding a single incident or issue, regardless of incident date, unless substantial new information is available about the incident or issue.

(13) An adult in custody may file a discrimination complaint on the same incident or issue as raised in a previously filed complaint provided:

(a) There is another occurrence of the same incident or issue;

(b) New information is available about the incident or issue; and

(c) This new information would result in a different response than has already been provided.

(14) An adult in custody cannot file a discrimination complaint regarding the following:

(a) Any matter that is outside the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision);

(b) Any matter that may be reviewed through a separate review process under the department's rules. Examples include, but are not limited to, the review processes set out in the following department rules:

(A) Segregation (Administrative) - (OAR 291-046)

(B) Alternative Incarceration Programs - (OAR 291-062)

(C) Classification - (OAR 291-104)

(D) Cost of Care Reimbursement - (OAR 291-203)

(E) Grievance Review System - (OAR 291-109)

(F) Informed Consent to Treatment with Psychotropic Medication - (OAR 291-064)

(G) Mail - (OAR 291-131)

(H) Prison Term Modification - (OAR 291-097)

(I) Security Threat Management - (OAR 291-069)

(J) Trust Accounts - (OAR 291-158)

(K) Visiting - (OAR 291-127);

(c) Daily fails as defined in the DOC rule on Performance Recognition and Award System - (OAR 291-077-0033);

(d) Conduct orders, investigations leading to a conduct order, or any conduct order sanction, except where a pattern of bias can be articulated;

(e) Misconduct reports, investigations leading to or arising from misconduct reports, or disciplinary hearings, findings, and sanctions, except where a pattern of bias can be articulated;

(f) Any matter that does not directly and personally affect the adult in custody;

(g) Any matters in which the adult in custody lacks personal knowledge of the incident or issue;

(h) Claims the adult in custody has pursued or is pursuing in pending litigation in state or federal courts; and

(i) The processing of, response to, or late response to discrimination complaints, discrimination complaint appeals, grievances, grievance appeals, or other separate review processes.

Or. Admin. Code § 291-006-0060

DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 16-2024, temporary amend filed 07/18/2024, effective 8/1/2024 through 1/27/2025; DOC 28-2024, amend filed 12/30/2024, effective 1/1/2025

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075