AGENCY TESTIMONY
Process for reporting and assessing sexual abuse complaints
3:11:41
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166 sec
Commissioner Strauber details the process for reporting and assessing sexual abuse complaints within the DOC system.
- Both persons in custody and staff can report alleged sexual abuse through DOI's 24-hour hotline or DOC's internal PREA hotline
- DOI conducts an initial assessment within 24 hours of receiving a complaint
- DOI determines whether to open an investigation itself or clear DOC to conduct a preliminary investigation based on various factors
Jocelyn Strauber
3:11:41
In that procedure, DOE is clearly defined as the New York City Agency possible for investigating staff on persons in custody sexual abuse or sexual harassment.
3:11:52
Both persons in custody and staff are encouraged to report alleged sexual abuse or harassment of persons in custody.
3:12:00
Through DOE's 24 hour hotline or DOC's internal Pria hotline.
3:12:05
Complaints received by DOC must be reported to DOE.
3:12:12
Section 6 b of directive 5011 states that DOI shall conduct investigations for sexual misconduct that involve staff on persons in custody allegations or allegations that involve alleged rape cases.
3:12:27
After a preliminary review of the facts, DOI may elect to have the investigation conducted by a SIU, DOC's internal special investigations unit.
3:12:38
Within 24 hours of receiving a complaint of sexual abuse of a person in custody by a DOC staff member, DOE will conduct an initial assessment.
3:12:48
On the basis of that initial assessment, DOE will determine whether it will open an investigation or whether it will clear DOC to conduct a preliminary investigation.
3:12:59
DOC is instructed not to take any investigatory steps until DOI has made such an assessment, and the level of review that DOI undertakes as part of that initial assessment depends on a number of factors, including the level of detail and information provided in the complaint.
3:13:17
When determining whether to convince to to commence an investigation itself or whether to clear DOC to conduct a preliminary investigation.
3:13:28
DOI's considerations include whether the complaint provides sufficient factual information such as the names of the persons involved in the time and place of the incident, whether the alleged abuser has been the subject of similar allegations in the past, whether physical conduct, if any, is described or detailed in the complaint.
3:13:48
Of course, as with all investigations, DOI considers its available resources in determining which investigations to commence.
3:13:56
Moreover, because of the proximity to of SIU to DOC Facilities and its dedicated team of Priya investigators, SIU is often better equipped to immediately respond when a Priya allegation is reported.
3:14:10
If DUI clears the complaint for SIU to investigate, DUI explicitly instructs SIU to immediately notify DUI.
3:14:19
If SIU's investigation uncovers evidence of potentially criminal behavior.
3:14:24
If so, DOE will take over that investigation.
