Reporting Abuse

Facility staff shall accept reports made verbally, in writing, anonymously, and from third parties, and shall promptly document such information. When facility staff learns that a juvenile is subject to substantial risk of imminent sexual abuse, staff shall take immediate action to protect the juvenile.
All facility staff shall immediately report to the Shift Supervisor, Executive Director, Assistant Executive Director and Facility Director any knowledge, information, or suspicion of the sexual abuse that is brought to their attention. Detention staff shall not reveal any information relating to the sexual abuse complaint to any person without a need to know for treatment, investigative or facility security purposes. Those staff involved in and having knowledge of an incident shall provide complete cooperation and will not interfere with the investigative process of an alleged incident. This includes failure to report or attempt to cover up an incident, allegation or statement that a person or witness knew could not have been true. Failure to cooperate or failure to report shall result in disciplinary action. Purposeful, malicious false reporting will result in disciplinary and/or criminal charges. Allegations of sexual abuse or harassment against a staff member will result in that individual having no contact with the juvenile victim or any juveniles within the facility. No collective bargaining agreement can limit removing the alleged staff perpetrator from contact with any juveniles pending the outcome of the investigation.
Investigations will be done promptly, thoroughly and objectively, including third party and anonymous reports.
The Facility director will forward the report and all paperwork to the Executive Director for assignment to an investigator. The Lee County Sheriff’s Office Investigative Division shall investigate all claims of sexual abuse or harassment.
If information is received that a juvenile was allegedly sexually abused while confined at another facility, the Facility Director shall notify the head of the facility where the alleged abuse occurred within 72 hours of the allegation. That facility is required to investigate the allegation promptly. Investigations may be criminal and/or administrative, but must be completed for each allegation of sexual abuse or harassment. Investigators must have training regarding crimes within confinement settings, specialized training and techniques for interviewing sexual abuse victims, perpetrators and witnesses, training as to required Miranda and Garrity warnings, sexual abuse evidence collection including DNA, criteria and evidence required to substantiate a case for administrative action or prosecution referral. Investigators must review prior complaints.
Neither staff nor investigators can require a juvenile polygraph exam prior to proceeding with an investigation. Credibility of the alleged victim must be based on the individual and not on the juvenile status.
There shall be absolutely no retaliation against any juvenile for reporting perceived or actual sexual abuse or harassment. No retaliation can occur against any alleged victim, witness or anyone cooperating with the investigation at any time. Staff must document and review any possible retaliation for at least 90 days following a report of sexual abuse or harassment. This may be extended depending on the investigation. This includes periodic status checks, which must be documented.
Following an investigation into a juvenile’s allegation that they suffered sexual abuse or harassment in the facility, SIADSA shall inform the juvenile as to whether the allegation has determined to be: Substantiated, Unsubstantiated, or Unfounded.
Juveniles are permitted to use the Grievance Policy to report sexual abuse or harassment. Third parties can assist in filing the grievance. In the event of an emergency, a response is due within 48 hours of the receipt of the grievance.
Substantiation of sexual abuse or harassment shall be by a preponderance of the evidence and not the criminal standard of beyond a reasonable doubt.
All such notifications or attempted notifications shall be documented. If the juvenile is released from the Facility the obligation to report shall terminate.