Or. Admin. Code § 291-109-0210

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-109-0210 - [Effective 1/27/2025] Permissible Grievance Issues

(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;

(d) Sexual abuse or sexual harassment; and

(e) 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) Administrative Housing - (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 Complaints - (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.

Or. Admin. Code § 291-109-0210

DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 15-2024, temporary amend filed 07/18/2024, effective 8/1/2024 through 1/27/2025

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030, 423.075 & 423.020

Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030, 423.075 & 423.020