Current through Register Vol. 63, No. 9, September 1, 2024
(1)
General Requirements:
(a) If an offender is
unable to resolve an issue through informal communications, the department
encourages the offender to seek resolution of the issue by submitting a written
grievance using the Offender Grievance form (CD117 CC) in accordance with these
rules. As with informal communications, offenders should use a civil and
respectful tone and manner in their written grievances to attempt to resolve
the issue or concern.
(b) An
offender grievance must include a complete description of the incident, action,
or application of the rule being grieved, including date and approximate time.
Only supporting documentation that directly relates to the issue being grieved,
such as official reports, action plans, etc., should be attached and submitted
with the grievance.
(c) An offender
grievance may request review of just one matter, action or incident per
offender grievance form.
(d) An
offender may submit only his/her signature on a grievance form.
(e) If an offender attempts to grieve an
issue by use of any written communication other than the department's approved
grievance form, the communication shall be returned to the offender with
instructions to resubmit the grievance on the department's approved grievance
form.
(2) An offender 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 offender by
an employee, contractor, or volunteer of the Department of
Corrections;
(d) Any oversight or
error affecting an offender;
(e)
The loss or destruction of property as designated in ORS
144.404 to
144.409.
(f) Sexual contact, solicitation or coercion
between an employee, contractor, volunteer of the department and an
offender.
(3) An offender
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 appeal or review process as
identified by statute or by an OAR that an offender may take part in. A use of
force review, as described in OAR
291-022-0210, is not a separate
appeal or review process for purposes of this rule.
(c) Incident(s) or problem(s) to which an
offender was not a party;
(d)
Claims or issues for which the offender has filed a Notice of Tort Claim with
the Oregon Department of Administrative Services, Risk Management
Division;
(e) Claims or issues the
offender has pursued or is pursuing in pending litigation in state or federal
courts; or
(f) Group grievances
representing other offenders, or acts where an offender is a spokesperson for
other offenders.
(5) An
offender may not file more than one grievance regarding a single incident or
issue unless more than one employee, volunteer, or contractor is directly
involved in the incident. A separate grievance must be filed for each
individual.
(6) An offender 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.
Statutory/Other Authority: ORS
179.040,
423.020,
423.030 &
423.075
Statutes/Other Implemented: ORS
179.040,
423.020,
423.030 &
423.075
