Department of Corrections and Rehabilitation - Operations Manual

Chapter 3 – Personnel, Training, and Employee Relations

Article 26 – Staff Misconduct Allegations Involving an Inmate or Parolee

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33070.3 Definitions

  • Allegations Against Staff Tracking System (AASTS) – An electronic data system used to log and track allegations of staff misconduct involving department staff.

  • Allegation Decision Index (ADI) – The list of criteria used by CST to determine whether an allegation of staff misconduct should be referred to the AIU for investigation, or to the Hiring Authority for an allegation inquiry.

  • Allegation Inquiry – The gathering of relevant facts and evidence by a Locally Designated Investigator (LDI) for a complaint that contains an allegation of staff misconduct.

  • Allegation Inquiry Report – The confidential report prepared by an LDI following an allegation inquiry.

  • Allegation Investigation Unit (AIU) – The unit within the OIAOffice of Internal Affairs that conducts investigations into complaints alleging misconduct toward inmates and parolees as set forth in Title 15,  section 3486.2, and reviews Allegation Inquiry Reports completed by LDIs.

  • AIU Investigator – An investigator within AIU assigned to conduct a confidential investigation.
    Appointing Power – The Secretary of the department.

  • Appointing Power – The Secretary of the department.

  • Case Tracking System (CTSClassification Tracking System) – An electronic system that allows real time documentation of investigative case activity and allows various participants within the employee disciplinary process to access documents, monitor cases, and record key decisions and due dates.

  • Central Repository – A secure collection location for submission of staff misconduct allegations documented or received by department staff. A Central Repository may be a physical location at a work site, or via an email address provided for the purpose of submitting allegations of staff misconduct.

  • Centralized Screening Team (CST) – The entity within OIAOffice of Internal Affairs that reviews complaints to determine if the documentation contains a routine issue, alleges staff misconduct toward an inmate or parolee, or alleges staff misconduct not toward an inmate or parolee.

  • Clarification Interview – An interview conducted by CST staff when clarification is required to make a screening decision.

  • Complaint – Any documentation or verbal statement received by the department, from any source, that contains a routine issue or alleges staff misconduct.

  • Complainant – A person making a complaint against departmental staff.

  • Deputy Director, Office of Internal Affairs (OIAOffice of Internal Affairs) – An individual responsible for the operation and functions of the OIAOffice of Internal Affairs.

  • Department Staff – California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) employees, contractors, and volunteers.

  • Designated Case – A case assigned to an EAPT VA.

  • Employment Advocacy and Prosecution Team (EAPT) – The entity in the OLAOffice of Legal Affairs responsible for providing legal counsel and representation to the department during the employee investigation, discipline, and appeal processes.

  • Hiring Authority – Has the same meaning in this Article as in Title 15, section 3392(a)(11).

  • Investigation – The gathering of facts and evidence by an OIAOffice of Internal Affairs Investigator.

  • Investigation Assignment Index (IAI) – The index used by an AIU manager to make a decision regarding the level of AIU investigator to be assigned to conduct an investigation.

  • Investigation Assignment Decision – The decision made by the AIU manager of the level of AIU investigator to be assigned to conduct an investigation.

  • Investigation Report – The confidential report prepared by an OIAOffice of Internal Affairs investigator following an investigation.

  • Locally Designated Investigator – Department staff trained by OIAOffice of Internal Affairs to collect evidence, conduct allegation inquiries, and draft Allegation Inquiry Reports.

  • Monitored Cases – A case monitored by the Office of the Inspector General (OIGOffice of the Inspector General).

  • Office of Grievances (OOG) – The entity within CDCRCalifornia Department of Corrections and Rehabilitation with the authority to log and track grievances filed by an inmate or parolee. The OOG shall ensure that all routine claims returned from the CST to the OOG are reviewed and answered.

  • Office of Internal Affairs (OIAOffice of Internal Affairs) – The entity within CDCRCalifornia Department of Corrections and Rehabilitation with the authority to investigate allegations of staff misconduct.

  • (aa) Routine Issue – Any complaint received by CST that is not identified as containing an allegation of staff misconduct.

  • (bb) Screening Decision – The decision made by CST of whether a complaint contains routine issue(s), allegation(s) of staff misconduct toward an inmate or parolee, or allegation(s) of staff misconduct not related to an inmate or parolee.

  • (cc) Staff Misconduct – Behavior engaged in by department staff that results in a violation of law, regulation, policy, or procedure, or actions contrary to an ethical or professional standard.

  • (dd) Vertical Advocate (VA) – An EAPT attorney who provides legal advice to the department during investigations and the employee discipline process for designated cases, and represents the department at administrative hearings and during any subsequent writ or appellate proceedings.