28 C.F.R. § 115.51

Inmate reporting

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(a) The agency shall provide multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents.

(b) The agency shall also provide at least one way for inmates to report abuse or harassment to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward inmate reports of sexual abuse and sexual harassment to agency officials, allowing the inmate to remain anonymous upon request. Inmates detained solely for civil immigration purposes shall be provided information on how to contact relevant consular officials and relevant officials at the Department of Homeland Security.

(c) Staff shall accept reports made verbally, in writing, anonymously, and from third parties and shall promptly document any verbal reports.

(d) The agency shall provide a method for staff to privately report sexual abuse and sexual harassment of inmates.

Notes of Decisions
Cited in 11 cases (9 in the last 5 years), 2020–2025 · leading case: People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022). “28 CFR 115.51 states: (a) The agency shall provide multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of…”
Bivens v. McGaugh (D. Colo. 2022). “29, 2021) (quoting 28 C.F.R. § 115.51 (a)). “[N]umerous district courts have concluded that the [PREA] .”
United States v. State of New Jersey (D.N.J. 2021). “allows prisoners to report privately, and at least one method that allows prisoners to report anonymously, for Edna Mahan prisoners to report sexual abuse and sexual harassment, retaliation by other prisoners or staff for reporting sexual abuse and sexual harassment, and staff…”
Smith v. State of New Mexico (D.N.M. 2020). “” 28 C.F.R. § 115.51 (a). his position at SCC to sexually harass and assault inmates.”
Martinez v. Padilla (D.N.M. 2021). “” 28 C.F.R. § 115.51 (a). not ask Defendant Biddle [to] explain the law or admit that his actions were not in compliance with the law.”
Houston v. Coveny (W.D.N.Y. 2020). “(1) an inmate who alleges being the victim of sexual abuse or sexual harassment reported the incident to facility staff; in writing to Central Office Staff; to any outside agency that the Department has identified as having agreed to receive and immediately forward inmate…”
Wilson v. Lundy (E.D. Pa. 2024). “Within five days, BII must assign a case number and determine whether the full investigation will be handled by the BII, PSP, or the Security Office, 10 See also 28 C.F.R. § 115.51 (a), (c) (requiring the agency to “provide multiple internal ways for inmates to privately report…”
Taylor v. Purdom (E.D. Mich. 2025). “that is not part of the [facility], and that is able to receive and immediately forward inmate reports of sexual abuse and sexual harassment to [facility] officials,” 28 C.F.R. § 115.51 , and requires facilities to promptly and thoroughly investigate all reports.”
Bushner v. Kerner (S.D. Ohio 2025). “; see also 28 C.F.R. § 115.51 , to report his fears of impending sexual assault.”
Nieto v. Allison (N.D. Cal. 2025). “In the grievance, 3 Plaintiff stated that he had previously filed a grievance regarding the sexual assault, as well as a 4 related “retaliation grievance,” “to no avail”: 5 This is a STAFF COMPLAINT pursuant to PREA 28 C.F.R. § 115.51 . . . Further, this is the second time that…”
Bushner v. Kerner (S.D. Ohio 2025). “; see also 28 C.F.R. § 115.51 . (Doc. 6, #108). Second, he requested a cell-block reassignment from Defendant Tabor.”
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