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WOMEN PRISONERS OF THE DIST. OF COLUMBIA DEP'T OF

June 16, 1997

WOMEN PRISONERS OF THE DISTRICT OF COLUMBIA DEPARTMENT OF CORRECTIONS, et al., Plaintiffs,
v.
DISTRICT OF COLUMBIA, et al., Defendants.


JUNE L. GREEN, United States District Court Judge


The opinion of the court was delivered by: GREEN

 ORDERED that the parties' Joint Stipulated Motion of January 27, 1997 be GRANTED as follows:

 1) the Court STAYS any order an award of attorneys fees and costs as set out in the Plaintiffs' March 3, 1997, request, and orders the parties to engage in negotiations over any amount of attorney fees and costs to be awarded; such negotiations shall take place over the next 60 (sixty) days, and the parties shall report back to the Court no later than August 15, 1997 regarding the resolution of this matter.

 ORDER FOR DECLARATORY AND INJUNCTIVE RELIEF

 2) By agreement of the parties, other issues that remain before this Court following the mandate of the United States Court of Appeals for the District of Columbia Circuit are addressed as follows:

 1. The Defendants' actions and inactions violated and continue to violate the Plaintiff class members' rights under the Fifth and Eighth Amendments to the United States Constitution, 42 U.S.C. § 1983, and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (1988).

 2. The Defendants are ordered to take all action necessary to remedy and prevent the violations of the Plaintiffs' above-mentioned rights. The Defendants have been ordered, in the prior Orders identified above, to take specific measures in the areas of sexual harassment, education and vocation programs, and environmental and fire safety, as set forth below beginning with paragraph 4.

 3. All measures ordered by the Court set forth below should have been completed and effective within six months of entry of the Order, dated December 13, 1994, unless otherwise specified, except that P 19 should have been completed and effective within six months of entry of the Order dated March 15, 1995, and PP 11, 15, 16, 18, 23, 26, 27, 29, 33, 50, 58, and 59 should have been completed and effective within six months of entry of the Supplemental Order, dated August 14, 1995.

 I. SEXUAL HARASSMENT

 4. Within 60 days, the Defendants shall write and follow a Department Order prohibiting sexual harassment involving District of Columbia Department of Corrections (DCDC) employees and women prisoners. The Defendants shall post and circulate the Department Order in accordance with departmental policy.

 5. Under this policy the DCDC has the obligation to take appropriate steps to prevent and remedy sexual harassment committed by its own employees.

 6. Prohibited conduct under the policy shall be defined as:

 
a. Sexual harassment which includes:
 
(1) all unwelcome sexual activity directed by any DCDC employee at a prisoner including acts of sexual intercourse, oral sex, or sexual touching and any attempt to commit these acts; and
 
(2) all unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature directed by any DCDC employee at a prisoner; and
 
b. Invasions of women prisoners' privacy by male employees without a valid penological reason, including the failure of any male employee to announce his presence when entering a female housing unit.
 
c. Retaliation for reporting complaints of, assisting any individual in making a report of, or cooperating in an investigation of sexual harassment, regardless of the merits or the disposition of the underlying complaint. Retaliatory conduct includes the following actions taken against a prisoner in response to that prisoner's complaint of sexual harassment or cooperation in the reporting or investigation of sexual harassment: disciplining, changing work or program assignments of, transferring to another facility of, or placing under involuntary protective custody any prisoner.
 
d. Any breach of confidentiality by any employee concerning any report of sexual harassment.
 
e. Any interference with investigations of sexual harassment.

 7. Penalties for prohibited conduct under the policy shall be determined by the Director of the DCDC within 30 days.

 8. Women prisoners shall be able to report instances of sexual harassment through the existing Inmate Grievance Procedure (IGP) as specified in Department Order 4030.1D. The Defendants shall strictly adhere to the Inmate Grievance Procedure and shall establish an Inmate Grievance Advisory Committee (IGAC) as required by Section VII(C) of Department Order 4030.1D.

 9. Women prisoners shall also be able to submit IGP's or complaints concerning sexual harassment in any form, orally or in writing, to any DCDC employee, who must submit the information, in writing, to the Warden of the facility within 24 hours of receiving the information. Women prisoners may also submit IGP's or complaints to prisoner representative to the IGAC.

 10. The Defendants shall establish a confidential hot line, under the supervision of the Director of the DCDC, through which women prisoners can report allegations of sexual harassment.

 11. Failure of an employee to report any allegation of sexual misconduct or any facts and circumstances which would lead a reasonable employee to believe that sexual misconduct is occurring or has occurred shall subject the employee to discipline.

 12. Upon receipt of any allegation of an act of unwelcome sexual intercourse or any allegation of unwelcome sexual touching, the Defendants must notify the proper law enforcement agency. The Defendants shall communicate with the law enforcement agency concerning the status of any investigation. The Defendants must periodically document the status of police investigations. The occurrence of a police investigation does not relieve the Defendants of the duty to investigate.

 13. The identity of the target of the alleged sexual harassment shall be revealed only to those who have an immediate need to know, including the alleged harasser(s) or retaliator(s) and any witnesses. All parties contacted in the course of an investigation will be advised that any retaliation, reprisal, or breach of confidentiality is a separate actionable offense as provided in the schedule of penalties.

 14. Any prisoner who is dissatisfied with any investigation or resolution of an allegation of sexual harassment may appeal to the Director of the DCDC within 15 days of receiving written notice of the outcome of the investigation. The Director must respond within 15 days.

 15. The Department shall conduct mandatory training using certified trainers on sexual misconduct for all DCDC employees. A consultant from the National Institute of Corrections (NIC), mutually agreed upon by the parties, shall develop the training plan and material. A "certified trainer" is defined as any person who has completed the "Train-the-Trainer" course developed by the NIC consultant.

 
a. The training shall include education concerning the Defendants' policies regarding reporting, investigating, and preventing sexual harassment, and the consequences for violating any policy concerning sexual harassment; and
 
b. All staff who work with female prisoners shall be trained by certified trainers within six months commencing no later than August 30, 1995. After the initial training of staff, the training will be included in the pre-service training of all staff. Annual retraining shall be conducted to refresh staff on the Department Order regarding sexual misconduct.

 16. Commencing no later than August 30, 1995, the Department shall conduct mandatory training on sexual harassment using certified trainers for all women prisoners currently in the DCDC. A consultant from the National Institute of Corrections (NIC), mutually agreed upon by the parties, shall develop the training plan and materials which will instruct women prisoners on the Department Order on sexual misconduct and how to recognize and report sexual harassment. Training sessions for women prisoners on sexual harassment shall be provided within a reasonable time upon a woman's entry in the D.C. Department of Corrections.

 17. The Defendants shall make necessary alterations at both the Correctional Treatment Facility (CTF) and the Minimum Security Annex (Annex) within 60 days to ensure that women have privacy in their living, sleeping and shower areas.

 II. OBSTETRICAL AND GYNECOLOGICAL CARE

 18. The Defendants shall develop and implement a protocol concerning restraints used on pregnant and postpartum women which provides that a pregnant prisoner shall be transported in the least restrictive way possible consistent with legitimate security reasons. Specifically, the protocol shall provide:

 
a. The Defendants shall use no restraints on any woman in labor, during delivery, or in recovery immediately after delivery; and
 
b. During the last trimester of pregnancy up until labor, the Defendants shall use no restraints when transporting a pregnant woman prisoner unless the woman has demonstrated a history of assaultive behavior or has escaped from a correctional facility, in which case, only handcuffs shall be used.

 III. PROGRAM EVALUATION

 19. The Defendants shall provide diagnostic evaluations for women prisoners similar to those currently provided for men in the Reception and Diagnostic Unit at CTF to determine women prisoners' needs, interests, and requirements for increased programs and opportunities in education and vocation. The procedure for the needs assessment shall be done by an approved scientific method. These evaluations shall be completed in a manner and time frame equivalent to the males in the diagnostic unit, but shall not exceed 120 days from the date of the female prisoner's transfer to CTF or the Annex. The evaluations shall include educational and vocational testing. The Defendants shall provide women with the appropriate available programming called for by this evaluation within 30 days of completion of the diagnostic evaluation.

 20. The Defendants shall coordinate the scheduling of academic educational classes, higher education classes, and vocational training for women in such a manner as to maximize women prisoners' participation in as many areas as possible.

 21. The Defendants shall provide sufficient program space so that women prisoners can participate in equal and adequate education and vocation programs and services as compared to men prisoners. The Defendants shall provide at least two additional trailers at the Annex (with functional sanitary facilities) to allow for additional programming activities. Within 30 days, the Defendants may submit for the Court's consideration an alternative to the 2 ordered trailers.

 22. The Defendants shall develop and implement quality assurance programs for monitoring program delivery to ensure the continued provision of equal and adequate education and vocation programs to women prisoners.

 23. The Defendants shall ensure that women prisoners are escorted to and arrive at educational and vocational programs in a timely manner as scheduled in a manner that does not prevent the ...


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