C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 115—PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS › Subpart A—Standards for Adult Prisons and Jails

28 C.F.R. § 115.76

Disciplinary sanctions for staff

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(a) Staff shall be subject to disciplinary sanctions up to and including termination for violating agency sexual abuse or sexual harassment policies.

(b) Termination shall be the presumptive disciplinary sanction for staff who have engaged in sexual abuse.

(c) Disciplinary sanctions for violations of agency policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) shall be commensurate with the nature and circumstances of the acts committed, the staff member's disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories.

(d) All terminations for violations of agency sexual abuse or sexual harassment policies, or resignations by staff who would have been terminated if not for their resignation, shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to any relevant licensing bodies.

Notes of Decisions
Cited in 9 cases (6 in the last 5 years), 2020–2024 · leading case: Dewayne Bearchild v. Kristy Cobban, 947 F.3d 1130 (9th Cir. 2020).
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Dewayne Bearchild v. Kristy Cobban, 947 F.3d 1130 (9th Cir. 2020). “28 C.F.R. §§ 115.76 , 115.78. 12 BEARCHILD V.”
Ashley Franklin v. Franklin Cnty., Ky., 115 F.4th 461 (6th Cir. 2024). “23, 2020) (quoting 28 C.F.R. § 115.76 )). They likewise do not provide specific mandatory courses of action on how to protect inmates.”
Bivens v. McGaugh (D. Colo. 2022). · cites it 2× “at 11 (quoting 28 C.F.R. § 115.76 (b)) (alteration in original)].”
Dewayne Bearchild v. Kristy Cobban (9th Cir. 2020). “28 C.F.R. §§ 115.76 , 115.78. 12 BEARCHILD V.”
Doe v. Frakes (D. Neb. 2022). “28 C.F.R. §§ 115.76 , 115.78. Bearchild v.”
Shorter v. United States of Am. (D.N.J. 2020). “35-2 at 19, quoting 28 C.F.R. § 115.76 (a)). Violations of “agency sexual abuse or sexual harassment policies” include violations of investigation standards found at 28 C.”
Fontes v. Lopez (D.R.I. 2021). “See 28 C.F.R. § 115.76 (detailing disciplinary sanctions for staff who violate agency sexual abuse or sexual harassment policies).”
Ashley Franklin v. Franklin Cnty., Ky. (6th Cir. 2024). “23, 2020) (quoting 28 C.F.R. § 115.76 )). They likewise do not provide specific mandatory courses of action on how to protect inmates.”
Cardenas v. United States of Am. (N.D. Tex. 2023). “See 28 C.F.R. § 115.76 (a)–(b) (requiring disciplinary action for violations 7The Government correctly notes that Cardenas “provides no specific information about any ignored sexual assault reports at the facility.”
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