Inmate Communication And Grievance Review System

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_291/291_109.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF CORRECTIONS

 

DIVISION 109
INMATE COMMUNICATION AND GRIEVANCE REVIEW SYSTEM

291-109-0100
Authority, Purpose, and Policy
(1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.
(2) Purpose: The purpose of these rules is to establish department policy and procedures for inmate communication with staff and the administration of the department’s internal grievance review and appeal system for inmates confined in Department of Corrections facilities.
(3) Policy:
(a) It is the policy of the Department of Corrections to encourage inmates to address their concerns informally with appropriate staff and managers through either dialog or by utilizing inmate communication forms. Inmates having information or concerns regarding the conduct or behavior of staff that may directly threaten the life, health, and safety of staff or inmates are also encouraged to communicate their information and concerns to the department using such other systems as the department may develop, for example, the Inspector General’s hotline.
(b) Recognizing that due to the complex nature of the correctional setting some issues or disputes between staff and inmates may not be readily resolved at an informal level, it is the policy of the Department of Corrections to permit and encourage inmates to seek resolution of issues or disputes using the department’s internal inmate grievance review and appeal system established in these rules.
(c) Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections that all inmates be treated fairly and equitably, and that staff actions and decisions be consistent with the rules, policies and procedures of the department.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: 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
291-109-0110
Definitions
(1) Administrative Directive: A term used to describe in general a Department of Corrections rule or policy signed by the Director or Deputy Director.
(2) Communication: A process by which information is exchanged between individuals, usually through verbal or written message.
(3) 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 department sanctioned assignment to provide services or support to department programs.
(4) Department of Corrections (DOC) Employee: Any person employed full-time, part-time, or under temporary appointment by the Department of Corrections.
(5) Functional Unit Manager: Any person within the Department of Corrections who reports either to the Director, an Assistant Director, or an administrator and has responsibility for the delivery of program services or the coordination of program operations.
(6) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, probation, or post prison supervision status.
(7) Inmate Communication Form: An official Department of Corrections form (CD 214) commonly referred to as a "kyte or kite." The form is designed for inmate use in communicating with employees, volunteers, or contractors and allows employees, volunteers, or contractors to respond in writing, when appropriate, to the inmate.
(8) Inspector General’s Hotline: A phone number, maintained and paid for by the department, where inmates may report misconduct by other inmates and abuse of lawful authority or criminal activity of department staff in order to protect the life, health, and safety of both staff and inmates.
(9) 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. For purposes of this rule only, Oregon Corrections Enterprises shall not be considered an external organization.
(10) Oregon Corrections Enterprises (OCE) Employee: Any person employed full-time, part-time, or under temporary appointment by the Oregon Corrections Enterprises.
(11) Volunteer: An approved person who donates time, knowledge, skills and effort to enhance the mission, activities and programs of the department.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: 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
291-109-0120
Inmate-Staff Communications (General Principles)
(1) Proper and effective communication
between inmates and staff is essential to the safe, secure, and orderly operation
of Department of Corrections facilities and to the successful completion of the
inmate's corrections plans.
(a) Inmates and staff communicate
with each other not only with their choice of words (oral or written), but also
non-verbally through their manner, tone, and approach (commonly referred to as "body
language").
(b) Inmates and staff are
jointly responsible for ensuring their choice of words, manner, tone and approach
are appropriate to properly and effectively convey their intended information and
ideas to one another.
(2) Inmates shall communicate
with staff in a civil and respectful tone and manner.
(3) Staff shall communicate
with inmates in a professional manner that fosters respect and confidence. Staff
orders directed to inmates should be clear and concise.
(4) Staff should make every
effort to respond to an inmate communication form within seven days of receipt.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: 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 22-2014, f. & cert. ef. 11-19-14
291-109-0140
Grievance Review System
(1) General Requirements:
(a) If an inmate is unable
to resolve an issue through informal communications, the department encourages the
inmate to seek resolution of the issue by submitting a written grievance using the
department’s approved inmate grievance form (CD 117) in accordance with these
rules. As with informal communications, inmates should use a civil and respectful
tone and manner in their written grievances to attempt to resolve the issue or concern.
(b) An inmate grievance must
include a complete description of the incident, action, or application of the rule
being grieved, including date and approximate time.
(A) Only supporting documentation
that directly relates to the issue being grieved, such as program failures, inmate
communications, etc., should be attached and submitted with the grievance.
(B) Inmate grievances and
supporting attachments that directly relate to the issue being grieved meet the
standard for photocopying detailed in the rule on Legal Affairs, OAR 291-139-0040
(Supplies, Photocopying, Mailing, and Notary Services). However, library coordinators
may limit photocopying of irrelevant or excessive amounts of supporting attachments.
(c) An inmate who attempts
to grieve an issue by use of an inmate communication form or any written communication
other than the department's approved inmate grievance form shall have his/her communication
returned to him/her with instruction that the inmate resubmit the grievance on the
department's approved inmate grievance form.
(d) An inmate grievance may
request review of just one matter, action or incident per inmate grievance form.
(2) An inmate 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 inmate by an employee, contractor, or
volunteer of the Department of Corrections or the Oregon Corrections Enterprises;
(d) Any oversight or error
affecting an inmate;
(e) A program failure as
defined in the DOC rule on Performance Recognition and Award System (Inmate), OAR
291-077-0020, unless the program failure is a direct result of a misconduct report
where the inmate was found in violation;
(f) The loss or destruction
of property as designated in the DOC rule on Personal Property (Inmate), OAR 291-117-0130(3);
(g) Sexual contact, solicitation
or coercion between a DOC or OCE employee, contractor, volunteer of the department
or OCE and an inmate; or
(h) Sexual abuse of an inmate
by another inmate if the victim does not consent, is coerced into such act by overt
of implied threats of violence, or is unable to consent or refuse.
(3) An inmate 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 internal department appeal or review process as
identified by an OAR for which an inmate may take part in; for example, rejection
or confiscation of mail, visiting, discrimination complaints, removal from an alternative
incarceration program; classification issues, etc. (A use of force review, as described
in OAR 291-013-0140, is not a separate appeal or review process for purposes of
this rule.
(c) Daily fails as defined
in the DOC rule on Performance Recognition and Award System (Inmate), OAR 291-077-0033;
(d) Conduct orders, investigations
leading to a conduct order, or conduct order sanction(s);
(e) Misconduct reports, investigations
leading to or arising from misconduct reports, or disciplinary hearings, findings
and sanctions;
(f) Incident(s) or problem(s)
to which an inmate was not a party;
(g) Claims or issues for
which the inmate has filed a Notice of Tort with the Oregon Department of Administrative
Services, Risk Management Division;
(h) Claims or issues the
inmate has pursued or is pursuing in pending litigation in state or federal courts;
or
(i) Group grievances representing
other inmates, or acts where an inmate is a spokesperson for other inmates.
(4) An inmate may submit
only his/her signature on a single grievance form.
(5) An inmate may not file
more than one grievance regarding a single incident or issue unless more than one
DOC or OCE employee, volunteer, or contractor is directly involved in the incident.
A separate grievance must be filed for each individual.
(6) An inmate 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.
[ED. NOTE: Forms referenced are available
from the agency.]
Stat. Auth.: ORS 179.040,
423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: 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 22-2014, f. & cert. ef. 11-19-14
291-109-0150
How and When a Grievance is Filed
(1) Inmate grievances must be submitted
to the functional unit grievance coordinator on the department’s approved
inmate grievance form (CD117). Instructions for filing a grievance are found on
form CD117a (Inmate Grievance Instructions).
(2) To obtain a grievance
review, the functional unit grievance coordinator must receive an inmate’s
grievance within 30 calendar days of the date of the incident giving rise to the
grievance.
(a) An inmate may file a
grievance past the 30 days of the incident if the inmate can demonstrate why the
grievance could not be filed within the timelines established by rule; i.e., physical
incapacity, etc.
(b) Untimely grievances that
fail to make that showing shall be returned to the inmate with a statement of the
rule.
(3) The grievance coordinator
shall date stamp and log the grievance form upon receipt.
(4) If an inmate cannot complete
the grievance form due to language, physical, or competency and capacity barriers,
another person may complete the form. However, the inmate submitting the grievance
must sign the grievance form. Translation services or other assistance for submission
of a grievance form for non-English speaking inmates or inmates that have difficulty
with reading and writing will be made available upon request.
(5) Functional unit managers
or designees shall ensure the approved inmate grievance forms are readily available
to inmates in DOC correctional facilities.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 3-2003, f. 2-13-03,
cert. ef. 3-1-03; Renumbered from 291-109-0140(3), 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 22-2014, f. & cert.
ef. 11-19-14
291-109-0160
Processing of Inmate Grievances
(1) Upon receiving an inmate grievance
at the institution where the incident or issue occurred, the grievance coordinator
will assign the grievance a number, date stamp, and record its receipt in an inmate
grievance log.
(a) After the inmate grievance
has been logged, the grievance coordinator will send a grievance receipt to the
inmate.
(b) The grievance coordinator
will coordinate with the appropriate staff or, if deemed more suitable, the appropriate
manager by sending the grievance and a grievance response form (CD 117b) to the
staff or manager respondent for reply.
(c) The respondent will complete
the form and submit it to his/her manager for review and signature. The response
shall be returned to the grievance coordinator for processing within 21 calendar
days.
(2) After recording, the
grievance coordinator will send the inmate grievance and employee’s, contractor’s,
or volunteer’s response to the inmate and retain copies for the file.
(a) The grievance coordinator
will complete processing of the grievance within 45 days from the date the grievance
was received from the inmate, unless further investigation is necessary.
(b) If the grievance is not
processed within this timeframe, the grievance coordinator will make an effort to
notify the inmate of the status of the grievance. If the inmate does not receive
a response within the allotted time frame, he/she may contact the grievance coordinator.
(3) Grievance responses may
be consolidated.
(4) If at any time the grievance
coordinator determines the inmate has pursued his/her issue through state or federal
courts, or has filed a notice of tort claim, the grievance process will cease and
the grievance will be returned to the inmate. The grievance coordinator will retain
a copy of the inmate’s grievance and document the date and reason for return
of the grievance.
(5) A grievance that has
been returned to the inmate by the grievance coordinator for procedural reasons
cannot be appealed. If a grievance is returned to the inmate because it does not
comply with these rules, the inmate may elect to resubmit the grievance to the grievance
coordinator within 14 calendar days from the date the grievance was sent back to
the inmate if the procedural errors can be corrected.
(6) Once an inmate is released
from the custody of the Department of Corrections, any pending grievances or pending
appeal responses will be completed and held on file unless other arrangements have
been made with the grievance coordinator. No further appeals will be accepted for
processing once the inmate is released from the custody of the Department of Corrections.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 3-2003, f. 2-13-03,
cert. ef. 3-1-03; Renumbered from 291-109-0140(4), 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 22-2014, f. & cert.
ef. 11-19-14
291-109-0170
Grievance Appeals
(1) Appeals of the Initial Grievance
(First Appeal Process):
(a) An inmate may appeal
the initial grievance response using the grievance appeal form (CD 117c). The appeal
must be submitted to the grievance coordinator together with the original grievance,
attachments and staff response(s).
(A) The scope of the original
grievance cannot be expanded. No additional information may be submitted unless
the information was unavailable to the inmate at the time the original grievance
was filed and the information is directly related to the alleged issue being grieved.
(B) After the appeal has
been date stamped and logged, the inmate will be issued a return receipt, and the
grievance appeal will be forwarded to the functional unit manager having authority
to review and resolve the issue.
(b) Appeal Timelines: The
grievance coordinator must receive an appeal within 14 calendar days from the date
that the grievance response was sent to the inmate from the grievance coordinator.
(c) A grievance appeal that
has been returned to the inmate by the grievance coordinator for procedural reasons
cannot be appealed. If a grievance appeal is returned to the inmate because it does
not comply with these rules, the inmate may elect to resubmit the grievance appeal
to the grievance coordinator within 14 calendar days from the date the grievance
appeal was sent back to the inmate if the procedural error can be corrected, (d)
The functional unit manager shall respond to the inmate’s grievance appeal
within 30 calendar days from the date the appeal was received by the functional
unit manager. The functional unit manager will return the grievance appeal and the
response back to the grievance coordinator.
(2) Appeal of the Functional
Unit Manager Decision (FINAL Appeal Process):
(a) An inmate may appeal
the functional unit manager’s decision using the grievance appeal form (CD
117c). The appeal must be submitted to the grievance coordinator together with the
original grievance, attachments, staff responses and documentation related to the
first grievance appeal.
(A) The scope of the original
grievance cannot be expanded. No additional information may be submitted unless
the information was unavailable to the inmate at the time the original grievance
or first-level appeal was filed and the information is directly related to the alleged
issue being grieved.
(B) After the appeal has
been date stamped and logged, the inmate will be issued a return receipt. The grievance
appeal will be forwarded to the Assistant Director having authority to review and
resolve the issue.
(b) The Assistant Director
or designee shall review the final grievance appeal. If the Assistant Director determines
additional facts should have been gathered or additional witnesses interviewed,
the grievance appeal will be referred back to the functional unit grievance coordinator.
Upon completion of the investigation, the Assistant Director shall complete the
review.
(c) Final Appeal Timelines:
The grievance coordinator must receive the final appeal within 14 calendar days
from the date that the first grievance appeal response was sent to the inmate from
the grievance coordinator.
(A) An inmate may file a
grievance appeal past the 14 day timeline if the inmate can demonstrate why the
grievance appeal could not be filed within the timelines established by rule, i.e.,
physical incapacity, etc.
(B) Untimely grievances that
fail to make that showing shall be returned to the inmate with a statement of the
rule.
(d) A grievance appeal that
has been returned to the inmate by the grievance coordinator for procedural reasons
cannot be appealed. If a grievance appeal is returned to the inmate because it does
not comply with these rules, the inmate may elect to resubmit the grievance appeal
to the grievance coordinator within 14 calendar days from the date the grievance
appeal was sent back to the inmate if the procedural errors can be corrected.
(e)The Assistant Director
or designee shall respond to the inmate’s grievance appeal within 30 calendar
days from the date the appeal was received by the Assistant Director.
(f) The Assistant Director’s
or designee’s decision on an inmate’s grievance appeal is final, and
is not subject to further review.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 3-2003, f. 2-13-03,
cert. ef. 3-1-03; Renumbered from 291-109-0140(5), 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 22-2014, f. & cert.
ef. 11-19-14
291-109-0175
Grievance Regarding Allegations
of Sexual Abuse
(1) For purposes of this rule sexual
abuse is defined as sexual abuse of an inmate by another inmate and sexual abuse
of an inmate by a staff member.
(a) Sexual abuse of an inmate
by another inmate 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:
(A) Contact between the penis
and the vulva or the penis and the anus, including penetration, however slight;
(B) Contact between the mouth
and the penis, vulva, or anus;
(C) Penetration of the anal
or genital opening of another person, however slight, by a hand, finger, object
or other instrument; and
(D) Any other intentional
touching, either directly or through the clothing, of the genitalia, anus, groin,
breast, inner thigh, or the buttocks of another person, excluding contact incidental
to a physical altercation.
(b) Sexual abuse of an inmate
by a DOC or OCE employee, contractor, or volunteer of the department or OCE includes
any of the following acts, with or without consent of the inmate, detainee, or resident:
(A) Contact between the penis
and the vulva or the penis and the anus, including penetration, however slight;
(B) Contact between the mouth
and the penis, vulva, or anus;
(C) Contact between the mouth
and any body part where a DOC or OCE employee, contractor, or volunteer of the
department or OCE has the intent to abuse, arouse or gratify sexual desire;
(D) 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 a DOC or OCE employee, contractor,
or volunteer of the department or OCE has the intent to abuse, arouse, or gratify
sexual desire;
(E) 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 the official duties
or where a DOC or OCE employee, contractor, or volunteer of the department or OCE
has the intent to abuse, arouse or gratify sexual desire;
(F) Any attempt, threat,
or request by a DOC or OCE employee, contractor, or volunteer of the department
or OCE to engage in the activities descried by paragraphs (A) – (E) of this
section;
(G) Any display by a DOC
or OCE employee , contractor, or volunteer of the department or OCE of his or her
uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee,
or resident, and
(H) Voyeurism by a DOC or
OCE employee, contactor, or volunteer of the department or OCE. Voyeurism by a staff
member, contractor or volunteer means an invasion of privacy of an inmate by staff
for reasons unrelated to official duties, such as peering at an inmate who is using
a toilet in his or her cell to perform bodily functions; requiring an inmate to
expose his or her buttocks, genitals, or breasts; or taking images of all or part
of an inmate’s naked body or of an inmate performing bodily functions.
(3) Grievances alleging sexual
abuse must be submitted to the functional unit grievance coordinator on the departments
approved inmate grievance form (CD117). The grievance should have the words “sexual
abuse grievance” clearly written on the top of the grievance form.
(4) There is no time limit
on when an inmate may submit a grievance regarding an allegation of sexual abuse.
(5) Third parties, including
fellow inmates, staff members, family members, attorneys, and outside advocates,
shall be permitted to assist inmates in filing requests for administrative remedies
relating to allegations of sexual abuse, and shall also be permitted to file such
requests on behalf of inmates.
(a) If a third party files
such a request on behalf of an inmate, the facility may require as a condition of
processing the request that the alleged victim agree to have the request filed on
his or her behalf, and may also require the alleged victim to personally pursue
any subsequent steps in the administrative remedy process.
(b) If the inmate declines
to have the request processed on his or her behalf, the agency shall document the
inmate’s decision.
(6) The grievance coordinator
may not refer a grievance alleging sexual abuse to a staff member who is the subject
of the grievance. The grievance coordinator will coordinate with the appropriate
manager by sending the grievance and a grievance response form (CD 117b) to the
manager respondent for reply.
(7) An inmate may appeal
the initial grievance response using the grievance appeal form (CD 117c). The appeal
must be submitted to the grievance coordinator together with the original grievance,
attachments and manager’s response.
(8) The department shall
issue a final decision on the merits of any portion of a grievance alleging sexual
abuse within 90 days of the initial filing of the grievance.
(a) Computation of the 90-day
time period shall not include time consumed by inmates in preparing any administrative
appeal.
(b) The department may claim
an extension of time to respond, of up to 70 days, if the normal time period for
response is insufficient to make an appropriate decision. The department shall notify
the inmate in writing of any such extension and provide a date by which a decision
will be made.
(c) At any level of the administrative
process, including the final level, if the inmate does not receive a response within
the time allotted for reply, including any properly noticed extension, the inmate
may consider the absence of a response to be a denial of the allegations made by
the inmate at that level.
(9) An inmate who alleges
that he or she is subject to a substantial risk of imminent sexual abuse may provide
the grievance directly to the officer-in-charge (OIC) or the OIC’s designee.
(a) After receiving an emergency
grievance alleging an inmate is subject to a substantial risk of imminent sexual
abuse, the OIC or the OIC’s designee shall immediately review and take immediate
corrective action as necessary to mitigate the risk of sexual assault.
(b) The OIC or the OIC’s
designee shall provide the emergency grievance and the initial response to the inmate
and the grievance coordinator within 48 hours of the submission of the grievance.
(c) The grievance coordinator
will issue to the inmate a final response to the emergency grievance within five
days of the submission of the emergency grievance,
(d) The initial and final
responses shall document the department’s determination whether the inmate
is in substantial risk of imminent sexual abuse and any action, if necessary, taken
in response to the emergency grievance.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Impl.: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 16-2013(Temp),
f. & cert. ef. 12-13-13 thru 6-11-14; DOC 3-2014(Temp), f. & cert. ef. 1-17-14
thru 7-16-14; DOC 7-2014, f. & cert. ef. 3-3-14; Renumbered from 291-109-0200,
DOC 22-2014, f. & cert. ef. 11-19-14
291-109-0180
Abuse of Grievance Review System
(1) An inmate shall submit no more than
two initial inmate grievances in any one week or six in any calendar month. This
will not apply to grievances regarding allegations of sexual abuse. A week is defined
as Sunday through Saturday.
(a) Initial grievances submitted
in excess of two grievances in any one-week or six in any calendar month will be
denied and returned to the inmate, noting that he/she has abused the grievance review
system.
(b) Grieving multiple staff
involved in one incident counts as filing one grievance.
(2) If a life, health or
safety situation arises whereby there is valid reason to submit more than two grievances
in one week or six in a calendar month, the inmate must clearly state in writing
the reason for submission of the grievance above the number allowed. If the grievance
coordinator determines that these reasons are not clear, concise or valid for submission
of an additional grievance, the grievance will be returned to the inmate denied.
(3) Actions taken against
an inmate who has abused the grievance review system under these rules are not grievable.
Stat. Auth.: ORS 179.040, 423.020, 423.030
& 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 3-2003, f. 2-13-03,
cert. ef. 3-1-03; Renumbered from 291-109-0140(6), 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 16-2013(Temp), f. &
cert. ef. 12-13-13 thru 6-11-14; DOC 3-2014(Temp), f. & cert. ef. 1-17-14 thru
7-16-14; DOC 7-2014, f. & cert. ef. 3-3-14; DOC 22-2014, f. & cert. ef.
11-19-14
291-109-0190
Retention and Filing of Inmate Grievances
(1) The grievance coordinator will retain a file copy of grievances with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records.
(2) Inmate grievances will not be filed in the inmate’s working file.
Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075

Hist.: DOC 3-2003, f. 2-13-03, cert. ef. 3-1-03; Renumbered from 291-109-0140(7), DOC 13-2006, f. 10-18-06, cert. ef. 11-1-06; DOC 3-2011, f. 2-23-11, cert. ef. 3-1-11
291-109-0200 [Renumbered to 291-109-0175]

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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