Model Policy on Investigation of Sexual Abuse and Sexual Harassment

The (agency) ensures that all reports of sexual abuse and sexual harassment are investigated, regardless of the source, and notifies all victims and other reporters in writing of outcomes of the investigation and sanctions imposed. All parties notified of the allegations (e.g., counselors or parents) are also notified of outcomes.

Investigations are carried to completion, even if the victim or reporter recants the allegation or if the alleged abuser or victim left the control or employment of the facility.

It is the policy of the agency to refer investigations of sexual abuse to law enforcement (a specific law enforcement agency should be identified). During the investigation the facility:

• ensures that investigations are initiated and completed within established time frames
• cooperates with outside investigators
• ensures that all direct and circumstantial evidence, including physical evidence, interviews, and prior complaints regarding the alleged perpetrator is reviewed
• contacts prosecutors when evidence appears to support criminal prosecution
• investigations are documented in written reports that include a description of the physical and testimonial evidence, the reasons behind credibility assessments of reporters, and copies of documentary evidence where feasible
• refers substantiated allegations for prosecution

The agency retains all written reports as long as the alleged abuser is incarcerated or employed by the agency, plus five years, unless the abuse was committed by a juvenile resident and applicable law requires a shorter period of retention.

All allegations will be considered substantiated if supported by a preponderance of the evidence. If evidence is insufficient, the allegations will be considered unsubstantiated, but not unfounded.

Following an investigation into a resident’s allegation of sexual abuse in the facility, the agency informs the resident of the findings on whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded.

Following a resident’s allegation of sexual abuse by a staff member, the agency informs the resident (unless the allegation is unfounded) whenever:

1. The staff member is no longer assigned to the resident’s unit;
2. The staff member is no longer employed at the facility;
3. The agency learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or
4. The agency learns that the staff member has been convicted on a charge related to sexual abuse within the facility.

1. The agency learns that the alleged abuser has been indicted on a charge related to sexual abuse within the facility; or
2. The agency learns that the alleged abuser has been convicted on a charge related to sexual abuse within the facility.

All such notifications or attempted notifications shall be documented.

The agency’s obligation to report terminates if the resident is released from the agency’s custody.

Resources:

Model Policy on Coordinated Response to Sexual Abuse Incident
Model Policy on Responding to Reports of Sexual Abuse and Harassment, Protection of Victims, Reporting to Other Facilities

PREA Standard 115.371
PREA Standard 115.372
PREA Standard 115.373
Back to PREA Standards