(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 a facility, whether or not it is part of the agency; retaliation against inmates 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, investigation, and other security and management decisions.
(c) Unless otherwise precluded by Federal, State, or local law, medical and mental health practitioners shall be required to report sexual abuse pursuant to paragraph (a) of this section and to inform inmates of the practitioner's duty to report, and the limitations of confidentiality, at the initiation of services.
(d) 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.
(e) The facility shall report all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports, to the facility's designated investigators.
Notes of Decisions
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
· cites it 3× “” 28 CFR 115.61(a). Importantly, “[a]part 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, investigation,…”
Michele Vuolo v. MHM Health Professionals, LLC (11th Cir. 2023).
“Four of the PREA regulations do not cover the conduct she described, and several of the regulations apply only to “practitioners” and Vuolo did not allege any facts in her second amended complaint indicating that MHM was a “practitioner” with a duty under 28 C.F.R. § 115.61 (c).…”
Bivens v. McGaugh (D. Colo. 2022).
“28 C.F.R. § 115.61 (a), (e). Staff who violate the BOP’s abuse or harassment policies “shall be subject to disciplinary sanctions,” and the presumptive disciplinary sanction for a staff member who has committed sexual abuse is termination from employment.”
Martinez v. Padilla (D.N.M. 2021).
“61, prison staff are generally prohibited from disclosing PREA reports but are required to disclose those same allegations to individuals identified in a correctional facility’s internal policy.”
Herrera v. United States of Am. (S.D.N.Y. 2022).
“) The Moving Defendants respond that “non-discretionary investigative steps do not render BOP’s regime for supervision, discipline, and retention non-discretionary because nothing in the regulations or policies mandate a particular outcome for any investigation.”
WATTS v. United States (W.D. Pa. 2024).
“” 28 C.F.R. § 115.61 (a). Section 115.71 describes procedures for criminal and administrative agency investigations into allegations of sexual abuse and sexual harassment.”
Cardenas v. United States of Am. (N.D. Tex. 2023).
“But the Court DENIES the Government’s Motion for Cardenas’s claims based upon (1) violations of 28 C.F.R. §§ 115.61 , 115.76 and (2) violations of BOP Program Statements 3420 and 5324.”
Concepcion v. United States (E.D.N.Y 2025).
“any knowledge, suspicion, or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of the agency; re- taliation against inmates or staff who reported such an incident; and any staff neglect or violation of…”
— 28 C.F.R. § 115.61(a) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
“” 28 CFR 115.61(a). Importantly, “[a]part 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, investigation,…”
— 28 C.F.R. § 115.61(b) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
“” 28 CFR 115.61(a). Importantly, “[a]part 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, investigation,…”
— 28 C.F.R. § 115.61(e) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
“” 28 CFR 115.61(a). Importantly, “[a]part 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, investigation,…”
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