An administrative investigation, criminal investigation or bothshall be completed for all allegations of sexual abuse and sexual harassment(28 CFR 115.22). Administrative investigations shall include an effort todetermine whether the staff’s actions or inaction contributed to the abuse. Alladministrative and/or criminal investigations shall be documented in writtenreports that include a description of the physical and testimonial evidence,the reasoning behind credibility assessments, and investigative facts and findings. Onlyinvestigators who have completed department-approved training on sexual abuseand sexual harassment investigation shall be assigned to investigate thesecases (28 CFR 115.71).

When practicable, an investigator of the same sex as the victimshould be assigned to the case. Sexual abuse and sexual harassmentinvestigations should be conducted promptly and continuously until completed.Investigators should evaluate reports or threats of sexual abuse and sexualharassment without regard to an inmate’s sexual orientation, sex or genderidentity. Investigators should not assume that any sexual activity amonginmates is consensual.

The departure of the alleged abuser or victim from the employmentor control of the detention center or Department shallnot provide a basis for terminating an investigation (28 CFR 115.71).

If the investigation is referred to another agency forinvestigation, the Department shall request that the investigating agency follow therequirements as provided in 28 CFR 115.21 (a) through (e). The referral shallbe documented. The Department shall cooperate with the outside agency investigation and shallrequest to be informed about the progress of the investigation (28 CFR115.71). If criminal acts are identified as a result of the investigation,the case shall be presented to the appropriate prosecutor’s office for filingof new charges (28 CFR 115.71).

Evidence collection shall be based on a uniform evidence protocolthat is developmentally appropriate for youth, if applicable, and adapted fromor otherwise based on the most recent edition of the DOJ’s Office on ViolenceAgainst Women publication, ‘‘A National Protocol for Sexual Assault MedicalForensic Examinations, Adults/Adolescents,’’ or similarly comprehensive andauthoritative protocols developed after 2011 (28 CFR 115.21).

Inmates alleging sexual abuse shall not be required to submit to apolygraph examination or other truth-telling device as a condition forproceeding with an investigation (28 CFR 115.71).

If a victim is under 18 or considered a vulnerable adult understate law, the assigned investigator shall report the allegation to thedesignated social services agency as required (28 CFR 115.61).

‍