Q&A
Criteria for founded sexual abuse cases and staff suspension procedures
1:13:52
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116 sec
DOC officials explain the criteria for founded sexual abuse cases and the procedures for staff suspension during investigations.
- Determinations are based on federal standards and the preponderance of evidence
- Evidence includes business records, electronic monitoring services, and NYPD complaints
- The department can suspend or modify a staff member's duty immediately upon receiving an allegation with initial evidence
- The PREA unit can recommend suspension or modification while an investigation is pending
- Evidence for founded cases includes business records, electronic devices, and results from sexual assault kits
Sandy Nurse
1:13:52
No.
1:13:53
My question was just on more detail on what is considered founded.
1:13:56
My preamble was a little bit about that, but just wanted to understand what is considered found in sexual abuse in a case.
1:14:03
I I thank you for answering that question.
1:14:07
So when it comes to making that determination, can you suspend or modify a correction officer or somebody who works their status until you've decided if it's founded or not.
1:14:22
So investigation can make the determination.
Ingris Martinez
1:14:26
The investigation does not do it for the department.
Lynelle Maginley-Liddie
1:14:31
Let me just clarify that.
1:14:33
So if there's an allegation and there's some initial evidence presented, the the department can suspend right away at that point in time and can modify that staff member pending the investigation.
Sandy Nurse
1:14:46
And who may those that decision in that in that meantime.
1:14:51
It can
Lynelle Maginley-Liddie
1:14:51
it can be because the pre unit, they do the initial.
1:14:55
Based on the initial, they can move forward with suspension, modification while the investigation is pending.
Ingris Martinez
1:15:03
Okay.
1:15:03
And so what kind of evidence specifically thank you for answering that?
1:15:07
What kind of evidence specifically are you looking for to make it a founded determine if it's a founded sexual abuse?
1:15:14
So for founded investigations, We use the preponderance of the evidence is mostly based on business records, monitoring electronic devices, and we also are now able to file our own NYPD complaints on behalf of the victims.
1:15:32
We do the collections.
1:15:33
We are part of the chain of custody for the collection of the sexual soft kids.
1:15:38
And based on the determination that the OCME gives us will help us sway whether or not the incident is found it.
