28 C.F.R. § 115.22

Policies to ensure referrals of allegations for investigations

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(a) The agency shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment.

(b) The agency shall have in place a policy to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The agency shall publish such policy on its Web site or, if it does not have one, make the policy available through other means. The agency shall document all such referrals.

(c) If a separate entity is responsible for conducting criminal investigations, such publication shall describe the responsibilities of both the agency and the investigating entity.

(d) Any State entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in prisons or jails shall have in place a policy governing the conduct of such investigations.

(e) Any Department of Justice component responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in prisons or jails shall have in place a policy governing the conduct of such investigations.

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2022–2024 · leading case: People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).

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People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). · cites it 2× “PREA INVESTIGATION STANDARDS The PREA regulations contain standards to provide “policies to ensure referrals of allegations for investigation,” 28 CFR 115.22, with the goal of ensuring that an administrative or criminal investigation is completed for all allegations of sexual…”

Michele Vuolo v. MHM Health Professionals, LLC (11th Cir. 2023). “Moreover, the two other PREA provisions Vuolo relies upon to form the basis of her FWA claim, 28 C.F.R. §§ 115.22 (a) and 115.62, only place obligations on an “agency” within the PREA.”

Cameron v. Menard (D. Vt. 2024). “” 28 C.F.R. § 115.22 (a). 10 conducted, there should have been a written document generated from that.”

— 28 C.F.R. § 115.22(a) — 1 case

People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “PREA INVESTIGATION STANDARDS The PREA regulations contain standards to provide “policies to ensure referrals of allegations for investigation,” 28 CFR 115.22, with the goal of ensuring that an administrative or criminal investigation is completed for all allegations of sexual…”

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