Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Investigating Allegations of Staff Sexual Misconduct with Offenders National Institute

Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1

Investigating Investigating Allegations of Staff Allegations of Staff Sexual Misconduct Sexual Misconduct

with Offenderswith Offenders

National Institute of National Institute of Corrections Corrections

and and

Washington College of LawWashington College of Law

July 9-14, 2006July 9-14, 2006


ObjectivesObjectives

Identify foundations for successful Identify foundations for successful investigationsinvestigations

Understand why investigations failUnderstand why investigations fail Define considerations made in Define considerations made in

effective investigationseffective investigations Identifying useful investigative Identifying useful investigative

techniques (including interviewing techniques (including interviewing staff and victims, evidence collection, staff and victims, evidence collection, etc.)etc.)


Foundations of Foundations of Successful InvestigationsSuccessful Investigations

Strong and clear zero tolerance policy Strong and clear zero tolerance policy for staff sexual misconduct for staff sexual misconduct

Strong investigative policy Strong investigative policy Training staff and offenders about Training staff and offenders about

investigative process investigative process Knowing the channels of reporting Knowing the channels of reporting

(including your mandatory reporting (including your mandatory reporting guidelines)guidelines)

Keeping victim-offender involved in Keeping victim-offender involved in processprocess


Foundations of Foundations of Successful InvestigationsSuccessful Investigations

Including where appropriate outside agencies Including where appropriate outside agencies to aid in the investigation to aid in the investigation

Understanding what prosecutors needUnderstanding what prosecutors need Understanding evidence timelinesUnderstanding evidence timelines The investigative process is viewed as credibleThe investigative process is viewed as credible Investigative process complies with applicable Investigative process complies with applicable

criminal laws and administrative procedurescriminal laws and administrative procedures Completion of successful investigations is Completion of successful investigations is

defined as a security issuedefined as a security issue Reasonable assurances to staff and offenders Reasonable assurances to staff and offenders

of protection from retaliation of protection from retaliation Ensure safety and securityEnsure safety and security


Why Investigations FailWhy Investigations Fail

Attitude toward victimAttitude toward victim Reaction of 1Reaction of 1stst Responders Responders Lack of communication with investigative Lack of communication with investigative

partners both internal and external partners both internal and external Law enforcementLaw enforcement Mental HealthMental Health MedicalMedical ProsecutorsProsecutors

Lack of support for the victim’s safetyLack of support for the victim’s safety Administrative ReasonsAdministrative Reasons

Weak policyWeak policy Lack of support from administrationLack of support from administration Poor teamworkPoor teamwork Poor RecordkeepingPoor Recordkeeping


Why Investigations Fail Why Investigations Fail Cont’dCont’d

Timing and Pace of the investigationTiming and Pace of the investigation Distrust of investigatorsDistrust of investigators Poorly trained investigatorsPoorly trained investigators Lack of commitment to taskLack of commitment to task Poor coordination of agency partnersPoor coordination of agency partners ProcessProcess

LeaksLeaks Uncooperative victimsUncooperative victims Vulnerable VictimsVulnerable Victims Uncooperative staff – code of silenceUncooperative staff – code of silence


Why Investigations Fail Why Investigations Fail Cont’dCont’d

Evidence that isEvidence that is LimitedLimited WeakWeak Poorly collectedPoorly collected Poorly preservedPoorly preserved

Not properly utilizing all of the Not properly utilizing all of the available investigative tools available investigative tools


Considerations for Effective Considerations for Effective InvestigationsInvestigations

WHO WHO Department of Internal AffairsDepartment of Internal Affairs Local Law EnforcementLocal Law Enforcement EAPEAP UnionUnion Division of Youth ServicesDivision of Youth Services Advocacy and Protection AgenciesAdvocacy and Protection Agencies ProsecutorsProsecutors Victim ServicesVictim Services


Considerations Cont’dConsiderations Cont’d

PLACEPLACE Probation or Parole DepartmentProbation or Parole Department CommunityCommunity Local JailLocal Jail State or Federal PrisonState or Federal Prison House ArrestHouse Arrest Half-way HouseHalf-way House Work ReleaseWork Release



INVESTIGATIVE TEAMINVESTIGATIVE TEAM GenderGender EthnicityEthnicity ExpertiseExpertise QualificationsQualifications Language abilityLanguage ability



WHATWHAT Crime scene managementCrime scene management Size of agencySize of agency Financial and legal restrictionsFinancial and legal restrictions PolicyPolicy Guardianship (juvenile)Guardianship (juvenile)



NEEDSNEEDS MedicalMedical SafetySafety

HOWHOW Evidence CollectionEvidence Collection WiretapsWiretaps InterviewsInterviews NotificationsNotifications


Involving Other AgenciesInvolving Other Agencies

WhenWhen Embrace and develop mutual opportunities prior to Embrace and develop mutual opportunities prior to

needneed Immediately and in accordance with criminal lawImmediately and in accordance with criminal law Immediately and in accordance with carefully Immediately and in accordance with carefully

developed protocols and MOU’sdeveloped protocols and MOU’s Embrace and assess throughout investigative processEmbrace and assess throughout investigative process

WhyWhy Maximize resourcesMaximize resources Building relationships for the futureBuilding relationships for the future Enhance effective public policyEnhance effective public policy Enhancement of institutional and public safetyEnhancement of institutional and public safety


Investigative TechniquesInvestigative Techniques Property and room search of victimProperty and room search of victim Check account activity of victimCheck account activity of victim Telephone activityTelephone activity MailMail Records- Logbooks, roll call, medical recordsRecords- Logbooks, roll call, medical records Body WireBody Wire Electronic MonitoringElectronic Monitoring Controlled CallsControlled Calls PolygraphPolygraph


Finding DNA EvidenceFinding DNA Evidence

ChairsChairs FloorsFloors CupsCups ClothesClothes


Sample Interview Questions Sample Interview Questions for Successful for Successful InvestigationsInvestigations

Do you know the staff Do you know the staff member’s financial member’s financial status?status?

To whom does the staff To whom does the staff member owe money?member owe money?

Describe the staff Describe the staff member’s physical member’s physical characteristics?characteristics? Hair pattern on bodyHair pattern on body Type of underwearType of underwear BellybuttonBellybutton Scars/ MolesScars/ Moles Tattoos / piercingTattoos / piercing Circumcised / Circumcised /

uncircumcised uncircumcised HygieneHygiene Skin pigmentationSkin pigmentation

What do you know about What do you know about the staff member?the staff member?

What type of vehicle What type of vehicle does s/he drive?does s/he drive?

What are the staff What are the staff member’s hobbies? member’s hobbies? Days off?Days off?

Where did the staff Where did the staff member go on vacation? member go on vacation?

What type of home does What type of home does the staff member have?the staff member have?

Has the staff member Has the staff member ever given you cards, ever given you cards, tokens, notes, photos?tokens, notes, photos?


Sample Interview Questions Sample Interview Questions Cont’dCont’d

When did your When did your relationship begin?relationship begin?

What occurred? What occurred? When / Frequency?When / Frequency? Where did act take place?Where did act take place? Did ejaculation occur?Did ejaculation occur? Who was the last person Who was the last person

you saw before the act you saw before the act took place?took place?

Who was the first person Who was the first person you saw after the act took you saw after the act took place?place?

Does the staff member Does the staff member own his/her home or rent?own his/her home or rent?

What type of music does What type of music does the staff member like?the staff member like?

What are the names of What are the names of the officer’s family the officer’s family members, wife, kids, members, wife, kids, friends, pets?friends, pets?

Where does the officer Where does the officer live?live?

What is the staff What is the staff member’s telephone #?member’s telephone #?

Have you told anyone Have you told anyone about this? Whom? about this? Whom? When?When?

Description of area where Description of area where act took place?act took place? DetailDetail Locks Locks KeysKeys AnnouncementsAnnouncements Radio transmissionRadio transmission


Know Your Law, Policy and Know Your Law, Policy and Procedure for:Procedure for:

Evidence collection and analysisEvidence collection and analysis When to include other agenciesWhen to include other agencies Calling in victim servicesCalling in victim services Aggressive Investigative TechniquesAggressive Investigative Techniques

Using offenderUsing offender WiretapsWiretaps polygraphspolygraphs

Interviews of both victim and staffInterviews of both victim and staff


Victims and Victims and InvestigationsInvestigations

Consider the victim’s perspective: fear, terror, the Consider the victim’s perspective: fear, terror, the inmate codeinmate code

Complex motives of the victimsComplex motives of the victims Sentence reductionSentence reduction Change in housingChange in housing JealousyJealousy RevengeRevenge

Ability to relate to the victimAbility to relate to the victim Pace of the investigative processPace of the investigative process Victim safety pending investigationVictim safety pending investigation Use victim services to advocate for the victimUse victim services to advocate for the victim


Staff Members and Staff Members and InvestigationsInvestigations

Written ReportsWritten Reports ConfidentialityConfidentiality Interview with Detailed NotesInterview with Detailed Notes What to do with Accused Staff MemberWhat to do with Accused Staff Member

ReassignReassign Administrative Leave w/o payAdministrative Leave w/o pay Allow to resignAllow to resign E.A.P. referralE.A.P. referral Go to licensing agenciesGo to licensing agencies Determine Garrity or MirandaDetermine Garrity or Miranda


Remember!Remember! Be tenacious.Be tenacious. Be creative.Be creative. Be intelligent.Be intelligent. Keep good records.Keep good records. Know your agency’s policy and procedure Know your agency’s policy and procedure

and the state and federal criminal law.and the state and federal criminal law. Bring in other skill sets – lawyers, Bring in other skill sets – lawyers,

physicians, forensics, treatment partners, physicians, forensics, treatment partners, and available community resourcesand available community resources

Documents

Developed by Aaron Aldrich under NIC Cooperative Agreement #06S20GJJ1 Investigating Allegations of Staff Sexual Misconduct with Offenders National Institute