28 C.F.R. § 115.11
Zero tolerance of sexual abuse and sexual harassment; PREA coordinator
(a) An agency shall have a written policy mandating zero tolerance toward all forms of sexual abuse and sexual harassment and outlining the agency's approach to preventing, detecting, and responding to such conduct.
(b) An agency shall employ or designate an upper-level, agency-wide PREA coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards in all of its facilities.
(c) Where an agency operates more than one facility, each facility shall designate a PREA compliance manager with sufficient time and authority to coordinate the facility's efforts to comply with the PREA standards.
Notes of Decisions
Cited in 8
cases (6 in the last 5 years), 2014–2023 · leading case: L. C. v. United States, 83 F.4th 534 (6th Cir. 2023).
L. C. v. United States, 83 F.4th 534 (6th Cir. 2023). “§ 30307 (a)(1), and PREA’s implementing regulations, 28 C.F.R. § 115.11 (a). Program Statement 5324.”
Richardson v. Dist. of Columbia, 322 F. Supp. 3d 175 (D.C. Cir. 2018). “See 28 C.F.R. §§ 115.11 - 115.93. At the time of Richardson's incarceration, the Department's policy provided as follows: When individuals arrived in D.”
L. C. v. USA (E.D. Ky. 2022). “28 C.F.R. § 115.11 & 115.13. Although both sections impose a mandatory duty through use of the word “shall,” the duties imposed are general in nature.”
Johnson v. Robinette (D. Maryland 2022). “The PREA Standards mandate “zero tolerance toward all forms of sexual abuse and sexual harassment,” 28 C.F.R. § 115.11 , and 5 Defendants also allege that Plaintiff fails to state a claim for damages, and that Defendants are entitled to qualified immunity.”
Stone 1 v. Annucci (S.D.N.Y. 2021). “Defendant Effman was at all relevant times an associate commissioner for DOCCS and the official designated as DOCCS’ Prison Rape Elimination Act (“PREA”) coordinator pursuant to 28 C.F.R. § 115.11 (b), which requires the agency to employ an upper-level official “with sufficient…”
Stone 1 v. Kubik (W.D.N.Y. 2021). “Defendant Effman was at all relevant times an associate commissioner for DOCCS and the official designated as DOCCS’ Prison Rape Elimination Act (“PREA”) coordinator pursuant to 28 C.F.R. § 115.11 (b), which requires the agency to employ an upper-level official “with sufficient…”
Cardenas v. United States of Am. (N.D. Tex. 2023). “See 28 C.F.R. § 115.11 (a). And Cardenas doesn’t allege violations of the policies enumerated in Section 115.”
Maryland Attorney Gen. Opinion 99OAG003 (Md. Att'y Gen. 2014). “Those measures include such things as designating a “PREA coordinator” to oversee compliance efforts, 28 C.F.R. § 115.11 (b); screening inmates for risk of being sexually abused and using that screening information to inform housing, bed, work, education, and program…”
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