(a) Inmates shall be subject to disciplinary sanctions pursuant to a formal disciplinary process following an administrative finding that the inmate engaged in inmate-on-inmate sexual abuse or following a criminal finding of guilt for inmate-on-inmate sexual abuse.
(b) Sanctions shall be commensurate with the nature and circumstances of the abuse committed, the inmate's disciplinary history, and the sanctions imposed for comparable offenses by other inmates with similar histories.
(c) The disciplinary process shall consider whether an inmate's mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed.
(d) If the facility offers therapy, counseling, or other interventions designed to address and correct underlying reasons or motivations for the abuse, the facility shall consider whether to require the offending inmate to participate in such interventions as a condition of access to programming or other benefits.
(e) The agency may discipline an inmate for sexual contact with staff only upon a finding that the staff member did not consent to such contact.
(f) For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation.
(g) An agency may, in its discretion, prohibit all sexual activity between inmates and may discipline inmates for such activity. An agency may not, however, deem such activity to constitute sexual abuse if it determines that the activity is not coerced.
Notes of Decisions
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
· cites it 4× “Relevant to defendant’s situation, the PREA regulations address “”[d]isciplinary sanctions for inmates,” 28 CFR 115.78, providing in part that, “[f]or the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged…”
Com. v. Poole, D. (Pa. Super. Ct. 2018).
· cites it 2× “” 28 C.F.R. § 115.78 (f).2 The Act organizes allegations into three categories—substantiated, unsubstantiated, and unfounded.”
Burton v. WETZEL (M.D. Penn. 2021).
· cites it 2× “According to Burton, Radziewicz was indifferent to the risk “by citing the unconstitutional practice custom and policy” and by failing to act once he was made aware of 28 C.F.R. § 115.78 (f).6 Burton alleges that Radziewicz failed to properly train others and that the underlying…”
People of Michigan v. Deric William Thomas (Mich. Ct. App. 2024).
“78(f) states as follows: “For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish…”
Bobby Williamson v. Brian Bolton (3rd Cir. 2025).
“Once a plaintiff adequately pleads a retaliation claim, the burden then shifts to the defendant to show that “they would have made the same decision absent the protected 3 The Appellees argue that Williamson’s claim fails on the first element because filing a false PREA…”
— 28 C.F.R. § 115.78(a) — 1 case
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
“Relevant to defendant’s situation, the PREA regulations address “”[d]isciplinary sanctions for inmates,” 28 CFR 115.78, providing in part that, “[f]or the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged…”
— 28 C.F.R. § 115.78(f) — 2 cases
People of Michigan v. Christopher Milan Kroll (Mich. Ct. App. 2022).
“Relevant to defendant’s situation, the PREA regulations address “”[d]isciplinary sanctions for inmates,” 28 CFR 115.78, providing in part that, “[f]or the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged…”
People of Michigan v. Deric William Thomas (Mich. Ct. App. 2024).
“78(f) states as follows: “For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish…”
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