28 C.F.R. § 115.31

Employee training

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(a) The agency shall train all employees who may have contact with inmates on:

(1) Its zero-tolerance policy for sexual abuse and sexual harassment;

(2) How to fulfill their responsibilities under agency sexual abuse and sexual harassment prevention, detection, reporting, and response policies and procedures;

(3) Inmates' right to be free from sexual abuse and sexual harassment;

(4) The right of inmates and employees to be free from retaliation for reporting sexual abuse and sexual harassment;

(5) The dynamics of sexual abuse and sexual harassment in confinement;

(6) The common reactions of sexual abuse and sexual harassment victims;

(7) How to detect and respond to signs of threatened and actual sexual abuse;

(8) How to avoid inappropriate relationships with inmates;

(9) How to communicate effectively and professionally with inmates, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming inmates; and

(10) How to comply with relevant laws related to mandatory reporting of sexual abuse to outside authorities.

(b) Such training shall be tailored to the gender of the inmates at the employee's facility. The employee shall receive additional training if the employee is reassigned from a facility that houses only male inmates to a facility that houses only female inmates, or vice versa.

(c) All current employees who have not received such training shall be trained within one year of the effective date of the PREA standards, and the agency shall provide each employee with refresher training every two years to ensure that all employees know the agency's current sexual abuse and sexual harassment policies and procedures. In years in which an employee does not receive refresher training, the agency shall provide refresher information on current sexual abuse and sexual harassment policies.

(d) The agency shall document, through employee signature or electronic verification, that employees understand the training they have received.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2016–2022 · leading case: Zollicoffer v. Livingston, 169 F. Supp. 3d 687 (S.D. Tex. 2016).
Zollicoffer v. Livingston, 169 F. Supp. 3d 687 (S.D. Tex. 2016). · cites it 2× “28 C.F.R. § 115.31 (requiring training on a “zero-tolerance policy” for sexual abuse).”
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “28 CFR 115.31(a)(1)–(10). The PREA regulations contain standards on inmate reporting, including the ability to anonymously report a sexual assault.”
— 28 C.F.R. § 115.31(a)(1) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “28 CFR 115.31(a)(1)–(10). The PREA regulations contain standards on inmate reporting, including the ability to anonymously report a sexual assault.”
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