Or. Admin. Code § 291-006-0075

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

Section 291-006-0075 - [Effective until 1/27/2025] Improper Use of Discrimination Complaint Review System

(1) An AIC improperly uses the discrimination complaint system when they:

(a) Include language that is identified as posing a criminal threat;

(b) Repeatedly submit grievances, discrimination complaints, or appeals of either, that do not comply with the requirements set forth in this rule, including, but not limited to, multiple resubmissions of the same discrimination complaint or appeal, multiple untimely discrimination complaints, and multiple resubmissions of uncorrected discrimination complaints;

(c) Submit grievances, discrimination complaints, or appeals of either, in excess of the allowed limitations set forth in OAR 291-006-0055.

(2) Administrative action for improper use of the discrimination complaint system:

(a) If an AIC demonstrates a pattern of improper use of the discrimination complaint system, the functional unit manager or designee will notify the AIC in writing that their actions are not in compliance with the discrimination complaint and grievance rules. From the date of the notice, the AIC will have 35 calendar days to bring their complaint submissions into compliance with the rules or the AIC will be subject to restriction of their access to the discrimination complaint and grievance complaint systems as specified in this rule.

(b) AICs who continue to improperly use the discrimination complaint system will be notified by the Inspector General or designee, in writing, that such actions are creating an administrative burden at the expense of legitimate complaints. From the date of this notification, due to their continued improper use of the discrimination complaint system, the AIC will be limited to submitting no more than two active discrimination complaints or grievances at a time, excluding emergency grievances. Any discrimination complaints or grievances submitted that are not in compliance with this restriction will not be processed.

(c) Once the AIC has demonstrated compliance for 35 calendar days, the AIC may request removal of the administrative restriction by writing to the institution discrimination/grievance coordinator who will forward the request to the Adult in Custody Complaint Review Committee (AICCRC) for review.

(d) An AIC's request for removal of the administrative restriction will be responded to by the Inspector General or designee upon review of the AIC's request and the recommendation of the AICCRC within 70 calendar days from the date the request was received. The administrative restriction will remain in effect until such time it is reviewed and removed by the Inspector General or designee.

(e) Administrative restrictions are not subject to review through the discrimination complaint or grievance processes.

(f) Records of active and inactive notifications will be maintained by the institution discrimination complaint coordinator or institution grievance coordinator and will be enforced throughout the department, regardless of the AIC's facility.

Or. Admin. Code § 291-006-0075

DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 16-2024, 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

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