28 C.F.R. § 115.161

Staff and agency reporting duties

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(a) The agency shall require all staff to report immediately and according to agency policy any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in an agency lockup; retaliation against detainees or staff who reported such an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.

(b) Apart from reporting to designated supervisors or officials, staff shall not reveal any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment and investigation decisions.

(c) If the alleged victim is under the age of 18 or considered a vulnerable adult under a State or local vulnerable persons statute, the agency shall report the allegation to the designated State or local services agency under applicable mandatory reporting laws.

(d) The agency shall report all allegations of sexual abuse, including third-party and anonymous reports, to the agency's designated investigators.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Roe v. Fowlkes Tucker (E.D. Va. 2023).

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Roe v. Fowlkes Tucker (E.D. Va. 2023). “The Court disagrees with Defendant’s seeming assertion that Young did not have an obligation to investigate Plaintiff’s complaint, as 28 CFR § 115.161 (a) (part of the regulations implementing PREA) requires immediate reporting of knowledge, suspicion, or information concerning…”

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