Prea Allegation Case Log Directions

PREA ALLEGATION DATA LOG PREA ALLEGATION DATA LOG DIRECTIONS May 2012

This Log will be used to capture ALL PREA ALLEGATIONS regardless of how incredible they seem. This includes sexual assaults, sexual harassment, threats of violence or coercion, acts alleged to have occurred during operational procedures (pat/strip searches, health care procedures, etc)

I. Access to PREA Data Log The PREA Data Log is located in the following folder on the G drive:<\\docservcap\groups$\SEC\PREA data log>

Permission to access the folder and log is needed from a Warden, Security Director, or Superintendent in conjunction with the PREA Director. Contact the PREA Director for access.

In the PREA folder there is a folder for each facility.

There is a unique password for each facility Data Log. Please contract your Warden or designee for the password. Central office will have access to all facilities Data Logs.

There are two worksheets in the Log. The first one is the data log called the “PREA Data Log” and the second is the instructions. The data fields at the top of data log in green, blue, and red are linked to the second tab called the “instructions”. If you have any questions about what needs to be entered, you can click at the bottom of the file on the “instructions” tab or by clicking on the data fields at the top of the page.

If you have a problem accessing the log please contact your Warden, Security Director, or Superintendent. If you continue to have problems contact the PREA Director or DAI security Chief.

2 Instructions 1. An Incident Report must be written for each allegation.

2. Check BOTH the PREA and CONFIDENTIAL boxes on the Incident Report (IR) if IR is written in WICS.

3. Every field in the log must have text entered. If information is unknown-put unknown. If information does not apply-put N/A.

4. When the case is assigned to a PREA investigator, the investigator will contact central office to obtain a PREA case number.

5. A unique PREA case number should be assigned to EACH victim regardless the number of accused. This is a change from our current practice.

6. Each victim should be entered on their own row on the PREA Allegation Data Log.

7. By statute and DOC Administrative code 303, inmates can not give consent to other inmates or staff for sexual contact.

8. Security Director or designee is responsible for updating the Log as information becomes available.

9. When an allegation is made against a DOC state employee or contracted staff, enter “STAFF” for the accused name and “INMATE” for the victim’s name. Do not enter inmates DOC#, enter N/A.

3 II. Data Elements Entered By Incident PREA Location Back-Up Law Date of Date Incident PREA Primary (Last, First Report Case Facility of PREA Enforcement Initial, Incident Reported Investigator Middle Number Number Incident Investigator Agency Initial)

Victim's Victim's Incident Situation or Name Victim Accused DOC Accused Name Conduct DOC Accused Type Disposition Type Circumstance Last, Type Number Last, First, MI Report # (if applies) Number (if applies) (if issued) First, MI

III. Detailed Definition of each data element

Data Element Definition Staff Member entering data into the log. Only assigned staff members are allowed to Entered by enter data. Put the last name along with the first and middle initial of the staff person

First write an Incident Report (IR) in WICS about the PREA allegation. Check the PREA Incident Report Number box and make the IR confidential. Use the IR number generated from WICS for corresponding incident in the log

Contact central office by email or phone to obtain unique PREA case number to enter in PREA Case Number the log

This is the facility where incident occurred. Not the inmate’s current location. Supervising Facility Pick from drop downs list

Specific place where incident occurred if it is known where the incident occurred (cell, Location of Incident hallway, library). If an allegation occurred in many places, pick one. If location is unknown-put UNKNOWN.

4 Date of Incident Date when incident occurred if known or best guess. Use the mm/dd/yyyy format

Date incident was disclosed to staff member. Use the mm/dd/yyyy format Date Incident Reported

This is the investigators name assigned by PREA director, appointing authority, or PREA Primary Investigator designee. Last Name, First Name, Middle Initial.

This is the back up investigator’s name assigned by PREA director, appointing authority, Back-Up PREA Investigator or designee. Last Name, First Name, Middle Initial.

Law Enforcement Agency Law enforcement agency name.

Type of Incident that occurred. Incident Type Pick from Drop down list Inmate on Inmate Sexually Abusive Contact: IM/IM Sexually abusive contact Touching (either direct, indirect or through the clothing) without penetration Inmate on Inmate Sexually Non-Abusive Contact: IM/IM Sexually non-abusive Touching (either direct, indirect or through the clothing) without penetration that is not contact abusive: construed as “consensual”. Inmate on Inmate Abusive Penetration: IM/IM Sexually abusive Penetration of any kind , coerced and/or by threats or threats of violence: oral, vaginal penetration and/or anal penetration Inmate on Inmate Sexual Harassment: IM/IM Sexual harassment Sexual advances, requests for sexual favors, derogatory verbal comments, or gestures of a sexual nature (sexual bullying) Inmate on Staff Sexual Harassment: IM/S Sexual harassment Sexual advances, requests for sexual favors, derogatory verbal comments, or gestures of a sexual nature inmates make towards staff (sexual bullying) Staff on Inmate Assault: S/IM Sexual assault All occurrences of staff-on-inmate sexually abusive contact and penetration or solicitation Staff on Inmate Harassment: S/IM Sexual harassment Verbal comments references to gender, sexually suggestive or derogatory comments about body or clothing, or gestures of a sexual nature (sexual bullying) 5 Situation or circumstance where allegation occurred if applicable. Situation or Circumstance Pick from Drop down list Pat Search Allegation that happened during pat search Strip Search Allegation that happened during strip search Medical Allegation that happened during a health exam or procedure Use of Force Allegation that happened during a use of force situation Restraint Status Allegation that happened during when an inmate was in restraints Off-Site Allegation that happened at an off-site location (work release, during transport, etc) Other Put other if it is none of the above. Details need to be in the IR.

The Victim’s DOC number Victim's DOC Number

The name of victim. Use the format- Last, First, MI Victim's Name DO NOT PUT NAME WHEN: it is a DOC state employee or contracted staff and the allegation is STAFF on INMATE, put “INMATE” for the accused name

The type of Victim Victim Type Pick from Drop down list Inmate If the victim was in DAI custody at the time of the incident Offender If the victim was on DCC supervision at the time of the incident Youth Any juvenile for whom DJC has custody Any staff member (paid, contract, volunteer) who works with the Staff inmate/offender/youth

DOC number of accused. Put UNKNOWN if accused is unknown. Accused DOC Number Put N/A if accused in not an inmate, offender, or youth.

The name of accused. Use the format Last, First, MI Put UNKNOWN if the person accused is unknown. Do not leave the field blank. When Accused Name the accused is known, update the log. DO NOT PUT NAME WHEN: allegation is against a DOC state employee or contracted staff, if the allegation is STAFF on INMATE, enter “STAFF” for the accused name.

6 The type of person accused. Accused Type Pick from Drop down list Civilian Anyone with whom DOC does not have a professional relationship Contractor Contracted staff DOC Staff DOC staff-Full Time, Part Time, and LTE’s DHS Staff Staff who work at WRC or other DHS location Jail Staff Staff who work at a Jail Inmate If the accused was in DAI custody at the time of the incident Offender If the accused was on DCC supervision at the time of the incident Any working relationship DOC has with an off-site provider- Work release, support Off-Site group, hospital staff, etc. Youth Any juvenile for whom DJC has custody. Volunteer Volunteers who work for DAI, DJC, or DCC

If a Conduct Report is issued, write the corresponding Conduct Report number in this Conduct Report # field. If a Conduct Report was not issues put N/A. Do not leave this field blank.

Select ONGOING if investigation is not completed Disposition Pick from Drop down list Allegation investigated and insufficient evidence to make a determination as to whether Unsubstantiated or not event occurred. Allegation investigated and the investigation indicated that the alleged event did occur Substantiated Investigation is ongoing Ongoing Allegation investigated and investigation indicated alleged event did not occur Unfounded Allegation investigated and investigation indicated PREA alleged did no occur Non-PREA

7 IV. Scenarios:

1. On June 1st 2009, Inmate John K Brown accused Inmate Tom P Smith of grabbing Brown’s crotch and saying ‘give me some” while they were on the recreation field. Brown sent a note to SGT Adams on 6/1/09 and asked SGT Adams to call him down to PSU to talk about the assault.

On 6/3/09 SGT Adams received browns note. SGT Adams notifies SecD same day. SecD calls PREA Director. PREA Director and ScD staff the allegation and decide to assign Sgt Adams and Lt. Smithson to investigate. SecD contacts local LEO and local LEO ask DOC to conduct initial investigative interviews and call back. SGT Adams and LT Smithson have Brown brought to PSU for interview. SGT Adams asked Brown if he was injured or needed medical assessment. Brown said no. SGT Adams asked Brown what happened. Brown said that after lunch while returning to his housing unit Smith walked by grabbed Brown’s groin and penis and said “Give me some.” SGT Adams asked Brown if he felt pain, Brown said yes he did. SGT Adams asked if there were witnesses. Brown said yes but he didn’t know the witnesses names. Brown said there were two witnesses. SGT Adams asked Brown what if anything else happened. Brown said nothing he just returned to his housing Unit.

On 6/3/09 SGT Adams and Lt Smithson viewed the video of the recreation yard for 6/1/09 starting at 11:00 am and viewed the video until 12:15 pm. They saw Brown walk alone from the dining hall across the recreation yard to Brown’s housing unit having no contact with anyone. SGT Adams and Lt Smithson never saw Smith on the video footage. Brown was logged into a reading class from 12:00 until 1:00. Smith was working in the kitchen from 10:30 am to 2:00.

Case unfounded. Lt. Smithson calls LEO and briefs. Sgt Adams contacts central office for a PREA case number, given case #604. SGT Adams issued a conduct report to Brown on 6/4/09. CR # 0923567.

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2. On 4/11/12 Inmate Mary Miller was in HSU for follow up med appointment and told Nurse Lender that she had been sexually assaulted by Inmate Nora Simms on 2/12/12. She said the assault in the shower on second floor of housing unit and that Inmate Simms pushed her from behind into shower wall then pushed her hand between her (Miller’s) legs and touched her (Miller’s) pussy. Nurse Lender asked Miller if she sustained any injuries, Miller said she had a sore left knee from hitting the shower wall. No visible injury but soreness to touch. Nurse Lender asked Miller if anything else happened, Miller said that Simms told Miller she would kick Miller’s ass if Miller told. Miller advised Nurse Linder that she was telling her because Miller’s cellie, Inmate Amanda Palmer said that Simms had done the same thing to her 6 months ago in the shower. Nurse Lender completed her medical exam to include a gyn exam of Miller. Nurse Lender examined Millers left knee and Miller said she still felt pain in the knee and had stiffness. Nurse Lender asked Miller if she disclosed the assault to anyone else and Miller said no.

Nurse Miller notified the SecD, the SecD called the PREA Director. They staffed the allegation and assigned 2 institution PREA Investigators, Cpt Ryan and Lt. Dunn. Capt Ryan contacted Local Law Enforcement and contacts central office for a PREA case number, given case #104 for Mary Miller and case #105 for Amanda Palmer. Law Enforcement, Fond du Lac Sheriff Department advised they would send a detective tomorrow 4/12/12. SecD and investigators make arrangements to move Simms to TLU until she can be interviewed by Law Enforcement and one of them. ------8 3. On 4/11/12 Inmate Collins called the PREA hotline and accused CO Turner of touched his penis during a pat search that occurred at the institution on 3/23/12. The 777 line call was written up by the Secretary’s support staff and forwarded electronically to the Institution Warden, Security Director and PREA Director. The search occurred in a in the intake area. The security director advised that she was going to assign Admin Captain Hanson to conduct the investigation and interview CO Turner and CO Gonzales the two officers that processed Collins at intake. Captain Hanson contacts central office for a PREA case number, given case #901

Captain Hanson interviewed Collins, CO Martin and CO Gonzales. Both Cos advised the pat search was conducted per protocol. The Captain reviewed the video and observed that the search was conducted per protocol. The Captain contacted the inmate and explained the pat search protocol and technique. Inmate Collins agreed that the search was conducted per protocol and advised that he had been thru orientation and reviewed the ‘Red Book’ and thought that anytime a CO touched the inmates groin that it was a sexual assault.

Case unfounded. No sanction to inmate.

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4. On 4/10/12 youth Jensen told YC Young volunteer Danson told her that she looked really pretty and he liked the way she did her hair. Youth Jansen advised YC young that she felt uncomfortable with the situation and that volunteer Danson also patted her on the shoulder after he made the comments about her hair. The incident occurred in a day room. Youth Jensen told YC Young that this occurred after a bible study group on 4/7/12. YC Young told the SecD who advised the Deputy Superintendent. The Deputy Sup contacted the PREA director they staffed the allegation. The Deputy Sup asked for a PREA investigator. PREA investigator Clark was assigned and the SecD Nelson was the back up investigator. SecD Nelson contacts central office for a PREA case number, given case #81 They interviewed the youth for additional info.

PREA inv. Clark and SecD Nelson interviewed volunteer Danson who admitted complimenting youth Young on her hair and said he patted her on the shoulder as a form of encouragement. PREA Invest. Clark and SecD counseled volunteer Danson on frat, boundaries and PREA. Volunteer Danson said that he has been a volunteer at the school for many years and never had a problem with any of the youth before. When asked he said that he had been thru volunteer orientation 10 years ago.

Case Unfounded for PREA but volunteer advised of Frat. Policy.

9 EXAMPLE 1 Entered By Incident PREA Location Back-Up Law Date of Date Incident PREA Primary (Last, First Report Case Facility of PREA Enforcement Initial, Incident Reported Investigator Middle Number Number Incident Investigator Agency Initial)

EXAMPLE 2: Entered By Incident PREA Location Back-Up Law Date of Date Incident PREA Primary (Last, First Report Case Facility of PREA Enforcement Initial, Incident Reported Investigator Middle Number Number Incident Investigator Agency Initial)

Entered By Incident PREA Location Back-Up Law Date of Date Incident PREA Primary (Last, First Report Case Facility of PREA Enforcement Initial, Incident Reported Investigator Middle Number Number Incident Investigator Agency Initial)

10 Victim's Victim's Incident Situation or Name Victim Accused DOC Accused Name Conduct Disposition DOC Accused Type Type Circumstance Last, Type Number Last, First, MI Report # (if applies) Number (if applies) (if issued) First, MI