Md. Code Regs. 10.01.18.08

Current through Register Vol. 51, No. 20, October 4, 2024

Section 10.01.18.08 - Internal Complaint Process

A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter:

(1) Vocational and day service programs;

(2) Psychiatric rehabilitation programs for adults and minors;

(3) Residential rehabilitation programs; and

(4) Supported employment programs;

B. A covered program shall:

(1) Adopt and maintain an internal complaint process as defined in Regulation .02 of this chapter;

(2) Provide a copy of the covered program's written internal complaint process to each individual receiving services from the covered program:

(a) During the individual's orientation; and

(b) At any time upon an individual's request;

(3) Prominently display, in accessible, centralized locations, the covered program's internal complaint process;

(4) Develop and maintain a form to use to make a complaint of inappropriate sexual behavior; and

(5) Have available a staff member who is not involved in the alleged inappropriate sexual behavior to assist the individual in completing the complaint form.

B. State facilities shall comply with the procedures set forth in COMAR 10.21.14.

C. The internal complaint process shall:

(1) Provide procedures for making a complaint of inappropriate sexual behavior;

(2) Permit an individual alleging that the individual was subjected to inappropriate sexual behavior to use the covered program's grievance process to address the alleged incident;

(3) Include procedures for investigating a complaint of inappropriate sexual behavior;

(4) Require that the covered program's investigation of a complaint of inappropriate sexual behavior be completed within 7 calendar days after the investigation is initiated;

(5) Allow participation by:

(a) Representatives of, and as designated by, the individual who allegedly was subjected to the inappropriate sexual behavior; and

(b) Any individual who is alleged to have committed the inappropriate sexual behavior;

(6) Allow information to be presented to support the position of:

(a) The individual who allegedly was subjected to the inappropriate sexual behavior; and

(b) Any individual who is alleged to have committed the inappropriate sexual behavior;

(7) Ensure the participation of the covered program staff members who have the authority to implement corrective action;

(8) Require that the substance of the complaint and any actions taken in response to the complaint be documented; and

(9) Require written notification of the covered program's determination to:

(a) The individual who allegedly was subjected to the inappropriate sexual behavior:

(b) Any individual who is alleged to have committed the inappropriate sexual behavior; and

(c) Appropriate covered program staff members or other individuals as necessary to take disciplinary or corrective action, or both.

D. Any staff member determined to have engaged in inappropriate sexual behavior shall be permitted to make use of the covered program's internal grievance process in any disciplinary action based upon the determination.

Md. Code Regs. 10.01.18.08

Regulation .08 adopted effective 42:23 Md. R. 1433, eff.11/23/2015; amended and recodified from .06 effective 48:26 Md. R.1110, eff. 12/27/2021