Current through Register Vol. 63, No. 9, September 1, 2024
(1) An AIC may only
request review of one matter, action, or incident per grievance.
(a) If multiple staff or functional units are
involved in a single incident, each should be included in a single grievance
and one grievance response will be prepared from the most appropriate
individual at the discretion of the institution grievance
coordinator.
(b) For the purposes
of a specialty committee, only one grievance shall be submitted for the issue
or incident.
(2) An AIC
may not file more than one accepted grievance or discrimination complaint
regarding a single incident or issue, regardless of incident date, unless
substantial new information is available about the incident or issue.
(3) An AIC may file a single grievance
concerning any incident or issue regarding institutional life that directly and
personally affects that AIC, including but not limited to:
(a) Misapplication of departmental policies,
rules, or other directives;
(b)
Unprofessional actions of employees, volunteers, or contractors of the
Department of Corrections or Oregon Corrections Enterprises;
(c) Inadequate medical or mental health
treatment; and
(d) Excessive use of
force by department employees.
(4) An AIC cannot grieve the following:
(a) Any matter that does not directly and
personally affect the AIC;
(b) Any
matter in which the AIC lacks personal knowledge of the incident or
issue;
(c) Any matter that is
outside of the jurisdiction of the department (for example, actions by the
Board of Parole and Post-Prison Supervision);
(d) 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) Discrimination
Complaint Review System - (OAR 291-006)
(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)
(e) Daily fails as defined in the DOC rule on
Performance Recognition and Award System - (OAR
291-077-0033);
(f) Conduct orders, investigations leading to
a conduct order, or conduct order sanction(s);
(g) Misconduct reports, investigations
leading to or arising from misconduct reports, or disciplinary hearings,
findings, and sanctions;
(h) Claims
or issues the AIC has pursued or is pursuing in pending litigation in state or
federal courts;
(i) Group
grievances representing other AICs, or acts where an AIC is a spokesperson for
other AICs; and
(j) The processing
of or response to grievances, grievance appeals, discrimination complaints,
discrimination complaint appeals or other separate review processes.
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
