PERFORMANCE OBJECTIVES Explain the concept of zero tolerance.

3. PERFORMANCE OBJECTIVES • Explain the concept of zero tolerance. • Discuss Texas state laws and TYC policy regarding sexual misconduct in correctional facilities. • State the steps for reporting alleged sexual misconduct in TYC. • Identify what services are afforded to alleged youth victims of sexual assault.

4. PERFORMANCE OBJECTIVES • Define the term “sexualized work environment”. • State five indicators of a sexualized work environment. • Discuss strategies that prevent a sexualized work environment. • State the role of staff in preventing a sexualized work environment.

5. PERFORMANCE OBJECTIVES • Identify at least 4 red flags of sexual misconduct within a facility. • Illustrate conditions and areas within your facility that may pose risk for potential sexual misconduct. • Review characteristics of adolescent development, including healthy sexual development. • Given a scenario, explore how victimization can occur in the in the correctional culture.

6. PERFORMANCE OBJECTIVES • State 5 signs of ongoing sexual abuse. • Review characteristics that place a youth at risk of being victimized. • State the common characteristics of perpetrators of sexual assault. • Identify ways to prevent staff sexual misconduct.

7. Bureau of Justice Statistics Survey 2005-2006 • Incidents of sexual violence higher in juvenile facilities • Most victims of staff violence were age 16and older • Half of staff perpetrators were male • Most incidents occurred in a common area

8. Bureau of Justice Statistics Survey 2005-2006 • Texas had the most incidents of sexual violence in juvenile corrections.

9. SEXUAL MISCONDUCT • “Any behavior or act of a sexual nature directed toward an inmate by an employee, volunteer, official visitor or agency representative.”

10. TEXAS LAW • Texas Penal Code, Section 39.04 Violations of the Civil Rights of a Person in Custody; Improper Sexual Activity with a Person in Custody. • It is a criminal offense for employees of correctional facilities, including contract employees, to have sexual intercourse or sexual contact with persons in custody.

11. TEXAS LAW • Texas Penal Code, Section 22.011 • Defines sexual contact as “any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.”

12. TEXAS LAW Any TYC employee who engages in sexual intercourse or sexual contact with a youth in our custody is breaking the law! The perpetrator may also have to register as a sex offender.

13. ZERO TOLERANCE • All suspected incidents of sexual misconduct will be investigated. Appropriate actions will be taken regarding protection of victims and discipline of perpetrators. Any staff found to have engaged in sexual intercourse or sexual contact with a youth will be prosecuted to the full extent of the law. • You are required to report all suspected sexual misconduct. It is the law!

14. Texas Penal Code Chapters 21 & 22 • It is illegal to expose oneself or have sexual contact with any child under the age of 17. • It doesn’t matter how old the youth is when they are incarcerated. There is no “age of consent” in TYC.

15. TEXAS LAW • Texas Family Code 261.102states: “A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter.”

16. TYC POLICY • GAP 93.37 – Alleged Sexual Abuse, Neglect & Exploitation • Enforces ZERO TOLERANCE of sexual abuse of TYC youth. • Establishes prohibited conduct, broader than established by law. • Sets standards for reporting and investigating. • Sets screening and housing procedures for youth, either potential victims or perpetrators.

17. TYC POLICY • GAP 93.37 – Alleged Sexual Abuse • You must report all suspected incidents of sexual abuse. • You receive NO CONSEQUENCES for reporting alleged sexual misconduct. • TYC cannot retaliate against a staff person for reporting alleged sexual abuse, neglect, and exploitation of a youth. • It is the law and your responsibility.

18. TYC POLICY • PRS.01.03 - Work and Personal Conduct • PRS.01.09 - Staff/Youth Relationship • GAP 93.1 - Basic Youth Rights • GAP 07.03-Incident Reporting • GAP 93.33 - Alleged Abuse, Neglect & Exploitation

19. TYC POLICY TYC Reporting of Alleged Sexual Misconduct Youth may report by: Calling the abuse hotline 866-477-8354 Filing a grievance Reporting to staff, volunteers, or contractors Reporting to law enforcement Family complaint

20. TYC POLICY • Staff, Volunteers, & Contractors may report by: • Immediately notify the OIG - IRC via the abuse hotline (866-477-8354) and obtain a tracking number. • Submit a written report with tracking number to the CLA. You must provide the following information: • Identity of persons involved • Location and time of relevant events • Identity of others who may provide further information • Submit report as soon as you notify the IRC, but no later than the end of your current shift.

21. TYC POLICY • In addition to reporting within TYC, you may also report to: • Any law enforcement agency • Department of Family and Protective Services • Office of the Ombudsman

22. The facility administrator must take immediate steps to protect the alleged victim, and separate him/her from the alleged perpetrator. • Other steps that may be taken include, but are not limited to: • Transfer to another dorm or placement on the campus • Administrative transfer to another facility or program

23. TYC POLICY • Victims of any type of sexual assault will: • Receive a mental health assessment • Receive a medical assessment - may include a forensic medical exam as determined by trained medical personnel • Be provided protective housing, as needed • Be provided emergency counseling, as needed

24. CORRECTIONAL CULTURE & SEXUALIZED WORK ENVIRONMENT • Youth cannot focus on making positive changes when they feel unsafe. • No youth in our custody deserves to be victimized—sexually or otherwise- regardless of their offense or daily behaviors.

25. CORRECTIONAL CULTURE & SEXUALIZED WORK ENVIRONMENT • At times, staff may feel pressured to stay silent. • Youth may also fail to report the sexual assault of themselves or someone else.

26. CORRECTIONAL CULTURE • Balance of Power • The notion of power in the correctional setting exists among both the youth and the staff. • When staff engage in sexual misconduct, they are using their power to victimize the youth. • Engaging in sexual acts with a TYC youth is an abuse of power which will lead to prosecution.

27. CORRECTIONAL CULTURE • Balance of Power • Power structure also exists among the youth. • Some youth considered a “higher” status. • Sexual assault or other forms of victimization among the youth can and do occur without proper staff supervision.

28. SEXUALIZED WORK ENVIRONMENT One in which the behaviors, dress and speech of either staff and/or youth create a sexually charged workplace

29. Why is it important to know about sexualized work environments? Professional Boundaries Eroded Opportunity For Abuse Of Relationship Suspension of Ethics No Subject Off-limits Boundaries Blurred

30. INDICATORS Over-familiarity between staff/youth • Staff/Staff relationships unprofessional • Staff off-duty conduct impacts on-duty work. • Everything comes back to “sex”. • Inappropriate dress

31. STRATEGIES FOR PREVENTION • Adhere to zero tolerance • Eliminate appearance of permissive behavior • Remember no interactions overlooked by youth • Maintain professional relationships • Strict enforcement of rules • Remove any inappropriate materials

32. STAFF’S RESPONSIBILITY: • Maintain professionalism in all of our interactions with other staff, youth, their families and the public.

33. RED FLAGS Favoritism Confronting other staff Sexual/personal banter Drastic change in behavior/appearance Youth/Staff rumors

34. RED FLAGS Staff bringing large amounts of snacks Overheard conversations Staff becoming over-involved with youth personal life/legal issues Accessing files/logbooks

35. RED FLAGS Staff with a “special” relationship with a particular youth. Unexplainable time with youth Taking youth out of dorms at unusual times Youth pregnancy/STD

36. SIGNS OF POSSIBLE SEXUAL ABUSE • Withdrawing/isolating • Depression/hopelessness • Lashing out • Developing anxiety/fear/paranoia • Nightmares • Suicidal thoughts/feelings

37. SIGNS OF POSSIBLE SEXUAL ABUSE • Self-Abuse • Uncharacteristic acting out • Refusal to shower, eat, be in unsupervised areas • Increase in medical complaints • Substantial weight gain/loss • Poor posture or wearing baggy clothing

38. ADOLESCENT DEVELOPMENT • Identity development (Who am I?) • Independence from caregivers • Concerned with peer acceptance • Hormones and sexual development • Changes in physical appearance • Sexual exploration • Brain development in the areas of judgment, insight, and emotional control

39. ADOLESCENT DEVELOPMENT Healthy Sexual Development Masturbation in private Talking about sex Holding hands/romantic feelings Hugging, kissing, fondling First intercourse experience for about 33%

40. In juvenile corrections, we face the delicate task of balancing the safety of youth in our custody with what might be considered age-appropriate sexual behavior.

41. There is no way for us to truly know if a youth is being forced into a “relationship” through threats and intimidation. • There is no sexual contact in TYC – period.

42. JUST DETENTION INTERNATIONAL • Boysare more likely to be abused by other boys • Girls more likely to be abused by staff • Girls with a history of prostitution are especially vulnerable to victimization by staff • LGBT youth (and those perceived to be) are overall more vulnerable to sexual violence and other victimization

43. VULNERABLE YOUTH CHARACTERISTICS • Offense • Size • Race • Peers • Age • Sight or hearing impaired

44. VULNERABLE YOUTH CHARACTERISTICS • Physical disabilities • Limited English Proficiency • Sexual orientation or gender identity • Mental/emotional stability • Intelligence • Maturity

45. VULNERABLE YOUTH CHARACTERISTICS • Prior Victimization • Number of months/years in lock-up • Shy, timid, or low self-esteem • Extortion • Disliked by staff

46. VICTIMIZATION AND TRAUMA “Pedro” scenario

47. BRAINSTORM ACTIVITY • Think of as many characteristics of youth perpetrators as you can.

48. CHARACTERISTICS OF YOUTH PERPETRATORS • Older • Prior Incarceration • Street Smart • Prior History sexual assault • Difficulty controlling temper • Poor coping skills

49. CHARACTERISTICS OF YOUTH PERPETRATORS • Voyeuristic/exhibitionist behavior • Try to control dorm with intimidation/fear • Taunt new youth • Subtle intimidation in showers, school, during meals • May try to trap potential victim

50. WAYS TO PREVENT SEXUAL ASSAULT OF YOUTH • Know and enforce the rules • BE PROFESSIONAL • Maintain professional boundaries • Avoid being alone with youth in 1:1 situations • Respect the youth’s privacy • Assume all reports of misconduct are credible • Use information in daily supervision