ADDICTION RESEARCH AND TREATMENT SERVICES
POLICY AND PROCEDURES
|PREA— Policies to ensure referrals of allegations for investigation
|August 1, 2013
|January 2015; May 2015; August 2015
|The Haven and Peer I programs
|All previous policies
|PREA 115.222 Policies to ensure referrals of allegations for investigation
- The agency shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment.
- The agency shall have in place a policy to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The agency shall publish such a policy on its website or, if it does not have one, make the policy available through other means. The agency shall document all such referrals.
- If a separate entity is responsible for conducting criminal investigations, such publication shall describe the responsibilities of both the agency and the investigating entity.
- Any State entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in community confinement facilities shall have in place a policy governing the conduct of such investigations.
- Any Department of Justice component responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in community confinement facilities shall have in place a policy governing the conduct of such investigations.
- Peer I and the Haven assure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. All reports are taken regardless of their source (from resident, from staff, from a third party) or the method of communication used (in writing, electronic, verbal, or any other source).
- The Staff member who initially receives the report is responsible for following the First Responder Duties which include:
- Immediately separating the alleged victim and the alleged perpetrator. Typically the alleged victim is placed in the staff office with the support of a staff, and the alleged perpetrator is placed in another room. If there is only one staff on, staff will stay with the victim. If there are two or more staff available, one staff will stay with each the alleged perpetrator and the alleged victim. If a second staff office is available, the alleged perpetrator & staff support will stay in that room. If there is not a second staff office available, the first responder will designate an appropriate room for the alleged perpetrator, such as a TV room within the facility.
- Both the alleged victim and the alleged perpetrator are instructed not to eat, bathe, drink, change clothes, urinate, defecate, smoke or brush their teeth.
- The area in which the alleged offense is immediately closed off, with signage or tape clearly posted to protect the crime scene and deter staff, clients, and others from compromising the scene.
- Staff will immediately notify their supervisor about the incident.
- All contact times will be noted in a log.
- Staff will thoroughly complete the First Responder Form and email it to their supervisor.
- Notification of the Program Director
- The program director is immediately notified by the supervisor of any staff sexual misconduct or sexual assault allegation that involves either residents or staff.
- The supervisor notified the Program Director (or designee) within 24 hours of receipt of an allegation of sexual harassment. If notification is not immediate, Supervisor will take reasonable steps to assure the safety of the resident in the intervening period and document these measures in a report to the PREA Coordinator for inclusion in the PREA Incident Report
- Coordinated Responses
- In the event of Staff on Resident Sexual Assault Allegation or resident on Resident sexual assault allegation, the appropriate coordinated Response Flow Chart will be followed.
- In the event that the alleged incident does not require criminal investigation, the Administrative Investigation Procedures will be followed in accordance with the Administrative Investigation Flow Chart. If, at any time during the course of an administrative investigation, an investigator or other staff has cause to believe that a criminal act has occurred, the Administrative investigation will be immediately suspended and the process for Criminal investigation, including notification of the Denver Police Sex Crimes Unit, will occur.
- Peer I and The Haven do not have legal authority to conduct criminal investigations. Peer I and The Haven refer for investigation all allegations that involve potentially criminal behavior to the Denver Police Department Sex Crimes Unit. Peer I and The Haven follow all procedures outlined in the Denver Police Department Sex Crimes Unit PREA Procedures. Information regarding the programs’ zero tolerance and reporting procedures are described for both program sat the Addictions Research and Treatment Services website, artstreatment.org.
- The Haven and Peer I will not investigate allegations of potentially criminal behavior, except as first responder or to gather initial information reported to the program by a client or staff. The Denver Police Department will respond in accordance with its PREA Procedures, as outlined in Exhibit A. The Denver Police Department will keep all documentation of all reports and their outcomes. The Haven or Peer I PREA Coordinator will assure all internal documentation, police reports filed, conversations with detectives, and other pertinent information is retained for PREA reports. These reports will be kept in a PREA notebook in the PREA Coordinator’s office or other secure location as determined by the Program Director. It is the responsibility of the Program Director or his/her designee to notify all oversight and licensing agencies of the outcome of such incidents. The Denver Police work in conjunction with Denver Health Medical Center to provide medical examinations and forensic investigations related to sexual assault crimes. Any victim of assault will be transported to Denver Health Medical Center. The SANE nurses at Denver Health Medical Center, located at 777 Bannock Street, Denver, CO 80204, will conduct examinations and provide referrals for on-going treatment. The PREA Coordinator (or designee) will then coordinate with the SANE team to assure resources for emergent and continuing care are provided. The SANE staff at Denver Health Medical Center are aware of PREA protocols and legal requirements and will assure all reports are provided to the authorities, in conjunction with the Program Director.
- ARTS programs are part of the University of Colorado Denver, and as such may be considered a state entity. The University of Colorado’s “Sexual Harassment Policy and Procedures” APS Number 5014 defines sexual harassment and related terms and the procedures and processes for reporting and investigating allegations of policy violations. These policies require additional reporting, investigation and response to any criminal and/or administrative proceeding, however do not supersede PREA standards and are incorporated within these policies and procedures. All criminal matters are addressed by the Denver Police Department’s Sex Crimes Unit. Policies governing the conduct of these investigations are enumerated in policies described in 115.265 Coordinated Response and in the Denver Police Department’s Sex Crimes Unit PREA Procedure.
- The Denver Police Department’s Sex Crimes Unit is the component responsible for investigating all criminal sex abuse allegations. That Unit is PREA-regulated and has been audited and determined to be PREA-compliant.