Prison Rape Elimination Act. Our Children, Our Future. Florida Department of. January 28, 2019

Transcription

1 Florida Department of Our Children, Our Future Prison Rape Elimination Act January 28, 2019 [ Type text ] FDJJ PREA Volunteer Training 1/2019 Page 1

2 Important Note This course is for volunteers of the (FDJJ) or the department s contracted providers who do not have an account in the department s learning management system. The Acknowledgement Form at the end of the course must be signed and maintained by the program, facility, or unit where the volunteer serves. Introduction All youth who are in the custody of have the right to be free from sexual abuse and sexual harassment. Our volunteers and contractors are extremely important to our agency and have a role in preventing, detecting, and responding to sexual abuse. The following information is about our agency s zero tolerance policy for sexual abuse and sexual harassment, how to report incidents or suspicions of sexual violence in a custodial setting, and additional information on this topic. The Prison Rape Elimination Act (PREA) of 2003 is a federal law that was created to put an end to sexual abuse against inmates in federal and state prisons, jails, lockups, community corrections facilities, and juvenile detention centers. The FDJJ is committed to complying with all of the requirements of PREA in order to protect youth from sexual abuse and to ensure they get the help they need if they are victimized. PREA requires all volunteers and contractors to receive specialized training in their responsibilities to prevent, detect, and respond to sexual abuse. Every person who works or volunteers in this jail will receive this information. FDJJ PREA Volunteer Training 1/2019 Page 2

3 Policy 1919 And Zero Tolerance FDJJ 1919 was created in response to the Prison Rape Elimination Act of 2003 (PREA). It establishes guidelines for the relationships between juvenile justice staff and youth in our care and outlines FDJJ s approach to preventing, detecting, and responding to sexual abuse and sexual harassment. The policy is designed to comply with applicable state and federal laws and rules and establishes DJJ s zero tolerance for any acts of sexual abuse, assault, misconduct, or harassment. Acts such as: sexual activity between staff and juveniles, volunteers or contract personnel and juveniles, and juvenile and juvenile, regardless of consensual status, are prohibited and subject to administrative and criminal disciplinary sanctions. Zero tolerance means that sexual abuse, sexual harassment, and sexual misconduct will not be tolerated in FDJJ facilities. Sexual Abuse There is no consensual sex between youth and volunteers or contractors. Sexual abuse of a youth by a staff member, contractor, or volunteer includes all of the abusive sexual contact as defined below. Sexual misconduct also includes any display or flashing of the genitals, buttocks, or breasts of a staff member, contractor, or volunteer; and voyeurism, which is viewing a youth who is not fully clothed. By law, youth cannot consent to sexual contact with staff members, volunteers or contractors. All sexual contact between youth and staff or volunteers is considered sexual abuse. It is against the law for you to have sexual contact with youth, even if the youth agrees or seems willing. There is no such thing as consensual sexual activity between youth and staff, volunteers, or contractors. Definitions Sexual Abuse by a Youth Includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse: (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) Contact between the mouth and the penis, vulva, or anus; (3) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and (4) Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, that is unrelated to official duties FDJJ PREA Volunteer Training 1/2019 Page 3

4 or where the youth has the intent to abuse, arouse, or gratify sexual desire and excluding contact incidental to a physical altercation. Sexual Abuse by a Staff Member, Contractor, or Volunteer Includes any of the following acts, with or without consent of the youth: (1) Contact between the penis and the vulva or the penis and the anus, including penetration, however slight; (2) contact between the mouth and the penis, vulva, or anus; (3) Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (4) Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (5) Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (6) Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in paragraphs (1) (5) of this definition; (7) Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a youth, and (8) Voyeurism by a staff member, contractor, or volunteer. Sexual Harassment Sexual harassment is also prohibited in FDJJ facilities. Sexual harassment of a youth by another youth includes: repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature. Sexual harassment of a youth by a staff member, contractor, or volunteer is basically the same thing, regardless of whether these actions are wanted by a youth. Just like employees, potential consequences for volunteers or contractors who sexually abuse or sexually harass youth include dismissal from the facility, termination of the contract/volunteer duties, reporting to relevant licensing bodies, criminal prosecution, and civil liability. That means that if you sexually abuse or sexually harass a youth in this facility, your work with our agency will end, you may be charged with a crime, and/or you may be sued. FDJJ PREA Volunteer Training 1/2019 Page 4

5 Reporting Allegations of Sexual Misconduct Volunteers and contractors have a duty to report any knowledge, suspicion, or information about sexual abuse or sexual harassment against youth, retaliation by other youth or staff, and any staff neglect that may have contributed to this abuse. That means that you are obligated to disclose any information you may have about possible sexual violence against youth, even if you do not have proof of the abuse or you are unsure. Volunteers and contractors cannot and should not keep this information a secret. Failure to report any knowledge, suspicion or information about sexual abuse or sexual harassment in a custodial setting may be grounds for immediate dismissal from this facility. Reporting a sexual assault behind bars basically means telling anyone who works here. FDJJ s official position is that all reports will be taken seriously and will be investigated. There are several ways to report knowledge, suspicion, or information about sexual abuse or sexual harassment. Any staff, contractor, or volunteer that receives an allegation of sexual misconduct or possible sexual misconduct is required to immediately report the allegation to the following: Florida Central Abuse Hotline, the abuse registry operated by the Department of Children and Families at Local law enforcement The Central Communications Center at Detecting Sexual Abuse and Sexual Harassment It is important for volunteers and contractors to be aware of signs of sexual abuse or sexual harassment so that you can prevent this violence and report any abuse that may be occurring. As a volunteer or contractor, you have a very important role in detecting any possible sexual abuse or sexual harassment against youth. FDJJ PREA Volunteer Training 1/2019 Page 5

6 Some common signs of sexual abuse include changes in personality; withdrawal or avoidance of other youth or staff; weight loss or weight gain; changes in a youth s appearance or demeanor; unexplained bruises/scrapes/swelling; complaints about stomach aches, headaches, or other pains; fears about going to a certain location in the facility; requests for a cell/facility change; rumors or jokes about sexual abuse; acting out; as well as signs of trauma, which may include difficulty concentrating; flashbacks; sleep disturbances; panic attacks; being very alert/on-guard/jumpy; increased irritability; suicidal thoughts or attempts; and/or the development of Post-Traumatic Stress Disorder (PTSD) or other related conditions. If you suspect sexual abuse or sexual harassment may be occurring or if a youth discloses this abuse to you stay calm and inform the nearest staff member. Maintaining Professional Relationships with Youth As a reminder, there is no such thing as consensual sexual activity between youth and staff members, volunteers, or contractors. All volunteers and contractors are expected to maintain professional relationships with youth at all times. It is your responsibility to ensure that you adhere to all agency guidelines regarding professional conduct, and that you treat youth in a fair and consistent manner. Some of the most important ways you can maintain appropriate limits with youth are to avoid discussing personal information about yourself (also known as overfamiliarity ), respect youths limits and privacy, and demonstrate professionalism in all of your interactions. Some examples of behaviors that volunteers and contractors should refrain from include: Horseplay or touching a youth or making them touch you when not officially related to volunteer/contractor duties; Borrowing or lending anything to/from a youth, including contraband or other goods; Doing favors for a youth, outside the scope of your volunteer/contractor position; Keeping secrets for a youth, or their family or friends. As a volunteer or contractor, you are a visitor at this facility. Please let any staff member know if you have any questions or concerns about how to maintain professional relationships with youth. FDJJ PREA Volunteer Training 1/2019 Page 6

7 Summary In this course, you have learned about the federal Prison Rape Elimination Act of 2003 (PREA) and how this Act applies to the. You have learned about the roles and responsibilities of the contractors and volunteers. There are very specific standards and procedures outlined by PREA that contractors and volunteers must adhere to in order to protect youth from sexual misconduct and victimization while in facilities. PREA Acknowledgement Form To be compliant with the United States Department of Justice PREA standards, every contractor and volunteer must print and sign this form, obtain supervisor signature, and submit the original form the facility PREA Compliance Manager. During PREA audits, files may be reviewed to ensure that staff have completed and understand this training and FDJJ 1919 Policy and Procedures and have acknowledged their understanding by signing the PREA Acknowledgement Form. FDJJ PREA Volunteer Training 1/2019 Page 7

8 Florida Department of JUVENILE JUSTICE Acknowledgement Form FDJJ1919 and FDJJ1919P Prison Rape Elimination Act (PREA) Standards Compliance I, acknowledge that I have completed the Print Staff Member s Name FDJJ PREA course for volunteers and understand the FDJJ 1919 policy and the procedures. Contractor or Volunteer Signature Date Print Supervisor s Name Supervisor s signature Date This form must be signed by your supervisor and the original submitted to the facility PREA Compliance Manager. FDJJ PREA Volunteer Training 1/2019 Page 8