Commissioner's directive 574: Sexual coercion and violence

Applies to all staff and contractors (excluding Health Services staff*) working in institutions, including Community Correctional Centres (CCC)

*Due to privacy laws, Health Services staff may be precluded from sharing, without consent, information disclosed to them. Health Services staff should refer to Guidelines GL 800-11 - Health Care Response to Sexual Assaults of Offenders for guidance.

Responsibilities

1. The Senior Deputy Commissioner will determine the responsible office for convening an investigation on reported incidents of sexual assault and/or allegations of sexual assault, when applicable.
2. The Assistant Commissioner, Correctional Operations and Programs, and the Deputy Commissioner for Women, when applicable, will:
   1. ensure the management of incidents of sexual assault, and/or allegations of sexual assault supports a safe and effective correctional environment
   2. ensure procedures for reporting sexual assault incidents are in place
   3. review and update security policies related to preventing, identifying, and responding to incidents of sexual assault
   4. address issues raised by the regions, institutions (including CCCs), and Boards of Investigation or partner agencies, such as the Office of the Correctional Investigator.
3. The Assistant Commissioner, Human Resource Management, will:
   1. establish training standards related to sexual assault for all staff
   2. provide guidance and support to managers on corrective measures regarding incidents involving staff.
4. The Regional Deputy Commissioner will ensure:
   1. policies and procedures related to sexual assault are communicated to staff
   2. issues and deficiencies raised by operational units are reported to the Director General, Security, in a timely manner
   3. a mechanism is in place to monitor sexual assaults, and/or allegations of sexual assault towards offenders that are committed by staff.
5. The Director General, Security, will:
   1. provide direction and support to regions regarding the implementation of this directive
   2. inform the Assistant Commissioner, Correctional Operations and Programs, and the Deputy Commissioner for Women, where applicable, of any issues regarding the implementation of this directive
   3. conduct reviews of policies and procedures related to this directive when issues or deficiencies are raised.
6. The Institutional Head/District Director will:
   1. ensure staff receive training relating to sexual assault
   2. report issues and deficiencies arising from the implementation of this directive to the Regional Deputy Commissioner
   3. ensure the operational unit is returned to a safe and secure environment as soon as possible following an incident of sexual assault, and/or an allegation of sexual assault
   4. report incidents of sexual assault, and/or allegations of sexual assault to Regional and National Headquarters pursuant to CD 568-1 - Recording and Reporting of Security Incidents
   5. ensure that the police service of primary jurisdiction is notified when there is a sexual assault and/or an allegation of sexual assault committed by staff or offenders
   6. immediately notify the Assistant Deputy Commissioner, Correctional Operations, and the Director General, Labour Relations, of any sexual assault and/or allegation of sexual assault committed by staff
   7. ensure, when the alleged perpetrator is a staff member, that consideration is given to reassigning work responsibilities or removing them from the institution/CCC pending an investigation
   8. ensure offenders have access to the offender complaint and grievance process free of any negative consequences, pursuant to CD 081 - Offender Complaints and Grievances.
7. The Assistant Warden, Operations/Manager, Operations/Area Director will:
   1. provide oversight on the application of procedures outlined in this directive
   2. provide support and guidance to the Correctional Manager/CCC Manager in relation to their role in managing incidents of sexual assault and/or allegations of sexual assault, and address any deficiencies.
8. The Correctional Manager/CCCManager will:
   1. support and direct staff under their authority in the performance of their duties and the application of procedures outlined in this directive
   2. ensure incidents of sexual assault and/or allegations of sexual assault are responded to immediately and effectively, in accordance with policies and procedures
   3. ensure all staff complete and submit a Statement/Observation Report in accordance with CD 568-1- Recording and Reporting of Security Incidents
   4. immediately notify the Institutional Head/District Director when there is a sexual assault and/or an allegation of sexual assault
   5. advise the Institutional Head/District Director and the Security Intelligence Officer when the police service of primary jurisdiction has been notified following incidents of sexual assault and/or allegations of sexual assault, and:
      1. if in an institution, immediately notify the Chief, Health Services, and the Chief, Mental Health Services
      2. if in a CCC, immediately refer the offender to community health services and mental health services
   6. complete a Statement/Observation Report, including a record of all notifications that were made, following any sexual assault and/or allegation of sexual assault.
9. The Security Intelligence Officer will:
   1. immediately notify the Correctional Manager, Operational Desk/CCC Manager and the Institutional Head/District Director when information is received about a sexual assault and/or an allegation of sexual assault
   2. ensure that any evidence related to a sexual assault is preserved in accordance with CD 568-4 – Preservation of Crime Scenes and Evidence and CD 568-5 - Management of Seized Items
   3. complete an incident report in the Offender Management System (OMS) within one working day.
   4. document their involvement, observations, investigations, and source information pursuant to CD 568-2 - Recording and Sharing of Security Information and Intelligence
   5. review available information to determine if the activation of an alert in OMS is required for the alleged perpetrator and victim
   6. ensure information is shared with other Security Intelligence Officers accordingly, in situations where the victim and the alleged perpetrator are no longer at the same site.
10. All staff (excluding Health Services staff):
    1. have a duty to respond to any sexual assault and/or allegation of sexual assault in conformity with procedures and training
    2. have a duty to immediately report any sexual assault and/or allegation of sexual assault, committed by either offenders or staff, to the Correctional Manager, Operational Desk/CCC Manager and their manager/supervisor
    3. will complete a Statement/Observation Report following a sexual assault and/or an allegation of sexual assault.
11. Health Services staff shall respond to any sexual assault and/or allegation of sexual assault in conformity with GL 800-11 - Health Care Response to Sexual Assaults of Offenders.

Procedures

Prevention and Identification

12. As outlined in CD 566 - Framework for Safe and Effective Correctional Environments, a safe and effective correctional environment is achieved through the use of dynamic security, combined with static operational procedures, and is a function of all staff who directly interact with offenders.
13. Dynamic security practices will be applied to prevent and identify incidents of sexual assault. All staff who directly interact with offenders will apply dynamic security practices while carrying out responsibilities.
14. Upon placement at a new institution, offenders will be interviewed for immediate needs identification in accordance with CD 705-3 - Immediate Needs Identification and Admission Interviews. All security concerns, as well as alerts, flags and needs will be assessed and reviewed to determine an appropriate cell/room assignment pursuant to CD 550 - Inmate Accommodation.
15. Offenders with an alert in OMS as a result of having committed a sexual assault in a CSC facility or Community-Based Residential Facility will not generally be assigned a double-bunk or shared accommodation cell/room.
16. The Correctional Manager/CCC Manager will take into consideration any alerts an offender has in OMS as a result of having committed a sexual assault in an institution, before assigning them a cell/room that has access to vulnerable offenders.
17. Offenders with a documented history of having been a victim of sexual assault in an institutional setting will be assessed by the Correctional Manager/CCC Manager to determine if a double-bunk or shared accommodation cell/room is appropriate.

Disclosure

18. Offenders will be encouraged to disclose incidents of sexual assaults to any staff member.
19. Offenders will have reasonable access to administrative telephones to contact the police in a secure and confidential manner, as outlined in CD 084 - Inmates’ Access to Legal Assistance and the Police.

Response

20. Staff will respond to all allegations of sexual assault as per this policy, regardless of their opinion as to the credibility of the allegation.
21. The response to any sexual assault and/or allegation of sexual assault must be immediate, decisive, respectful to all parties, and consist of a comprehensive interdisciplinary approach toward the victim and alleged perpetrator.
22. All staff are mandated to protect offenders who report sexual assaults, and must take immediate action to ensure their safety.
23. All staff will exercise discretion when responding to a sexual assault and/or an allegation of sexual assault, and will only disclose information and identities of the victim and alleged perpetrator to those who have a demonstrated need to know.
24. A sexual assault and/or an alleged sexual assault will require a security and medical response pursuant to Annex B or Annex C, as applicable.
25. Following a sexual assault and/or an allegation of sexual assault:
    1. ensure, along with the Sector Coordinator, that staff immediately respond to all incidents of sexual assault pursuant to CD 567 - Management of Incidents and CD 567-2- Use of and Responding to Alarms, and
    2. immediately notify Health Services and Mental Health Services in accordance with GL 800 11 – Health Care Response to Sexual Assaults of Offenders and GL 800-4 - Response to Medical Emergencies and provide the identities of all offenders involved
       1. in a CCC, the CCC Manager will:
          1. immediately contact the police service of primary jurisdiction, and
          2. refer the offender to community health services and mental health services.
       2. if an incident occurs at a CCC outside of normal business hours, any staff member will:
          1. immediately contact the police service of primary jurisdiction,
          2. immediately contact the National Monitoring Centre, and
          3. refer the offender to community health services and mental health services.
26. If an offender is transferred to an outside hospital for treatment or for a forensic examination following a sexual assault, staff will follow security escort procedures pursuant to CD 566-6 – Security Escorts and GL 800-11 – Health Care Response to Sexual Assaults of Offenders. Escort procedures will be carried out in the least intrusive and least restrictive manner possible to ensure dignity is respected and to avoid potential re-victimization.
27. Escorting staff will ensure a change of clothing accompanies the victim to the hospital. If the offender is from a CCC, staff will suggest the offender bring a change of clothing with them if they attend a community hospital.
28. Upon return to the institution from the hospital, the victim will be provided with access to a shower as soon as practicable.
29. After immediate medical concerns are addressed, the victim and alleged perpetrator (under CSC custody) will be provided with access to mental health services at the institution, or community mental health/support services if at a CCC, as soon as practicable.
30. In the absence of Health Services staff, the Immediate Needs Checklist – Suicide Risk (CSC/SCC 1433e) will be completed for the victim and alleged perpetrator by a Correctional Officer/Primary Worker, and entered in OMS.
31. Following a sexual assault and/or an allegation of sexual assault, the Correctional Manager/CCC Manager, in consultation with the Security Intelligence Officer and/or Case Management Team, will determine the appropriate cell/room placement for the victim and alleged perpetrator. This placement must take into account safety factors and the need to protect the integrity of investigations.
32. Incidents reported of a historical nature will not normally require an emergency medical response, but are subject to all other responses, notifications and reporting requirements outlined in this policy.
33. Victims and alleged perpetrators of a sexual assault will be provided with reasonable access to religious, spiritual, and culturally appropriate supports and resources.
34. Where an offender is dissatisfied with an action or a decision made by a staff member in relation to the application of this policy, the offender may submit a written complaint in accordance with CD 081 - Offender Complaints and Grievances and GL 081-1 - Offender Complaint and Grievance Process.

Protecting the Crime Scene and Evidence

35. A crime scene related to a reported sexual assault must be treated with the utmost care so as to not contaminate or destroy evidence.
36. The protection of a crime scene and collection of evidence will be pursuant to CD 568-4 - Preservation of Crime Scenes and Evidence and CD 568-5 - Management of Seized Items.
37. If a victim is wearing the same clothing as when the alleged incident occurred, they will be advised not to change their clothing prior to being examined at the hospital. If the victim has changed their clothing, their original clothing will be collected as evidence as per CD 568-4- Preservation of Crime Scene Evidence and CD 568-5 - Management of Seized Items.

Investigating Violations of the Criminal Code of Canada

38. Investigations into Criminal Code violations related to sexual assaults committed within CSC institutions will normally be carried out by the police service of primary jurisdiction.
39. To ensure due process, any questioning of alleged suspects by staff members shall be in accordance with CD 581 - Violations of the Law by Inmates.

Notification and Reporting

Police Notification

40. In accordance with CD 568-4- Preservation of Crime Scenes and Evidence, the Correctional Manager, Operational Desk/CCC Manager must immediately notify the police service of primary jurisdiction when there is a sexual assault or an allegation of sexual assault committed by either an offender or staff member (excluding those reported only to Health Services staff when the victim did not provide consent to disclose).
41. Sexual activity between a staff member and an offender will not be tolerated and must be reported to the police in the manner prescribed above.
42. The Institutional Head/District Director and the Security Intelligence Officer will be informed, as soon as possible, that the police service of primary jurisdiction has been notified.
43. The victim will be informed as soon as practicable that the police service of primary jurisdiction has been notified.

Incident Notification and Reporting

44. The Institutional Head/District Director must immediately notify the Assistant Deputy Commissioner, Correctional Operations, and the Director General, Labour Relations, at National Headquarters when there is an allegation of sexual activity between a staff member and an offender.
45. Incident notifications and reporting will be in accordance with CD 568-1 - Recording and Reporting of Security Incidents.

Incident Investigations

46. In accordance with CD 041 - Incident Investigations, following an incident of sexual assault, and/or alleged sexual assault, the Institutional Head/District Director will submit a Warden’s Situation Report (CSC/SCC 1281-01) or a District Director’s Situation Report (CSC/SCC 1281) to the relevant Regional Deputy Commissioner and National Headquarters within five working days.

Monitoring

47. All sexual assaults, and/or allegations of sexual assault will be recorded in OMS as an incident (excluding those reported only to Health Services staff when the offender did not provide consent to disclose).
48. Incident reports and OMS alerts will be used to monitor incidents of sexual assaults, and/or allegations of sexual assault committed by offenders within federal institutions.
49. The Institutional Head/District Director will provide information related to sexual assaults and/or allegations of sexual assault committed by staff to the Assistant Deputy Commissioner, Correctional Operations, at Regional Headquarters, and the Director General, Labour Relations, at National Headquarters.

Enquiries

50. Strategic Policy Division National Headquarters

Gen-NHQPolicy-Politiques@CSC-SCC.gc.ca

Commissioner,

Original signed by:
Anne Kelly

Annex A - Cross-References and Definitions

Cross-References

• CD 001 – Mission, Values and Ethics Framework of the Correctional Service of Canada
• CD 041 – Incident Investigations
• CD 060 – Code of Discipline
• CD 081 – Offender Complaints and Grievances
• GL 081-1 – Offender Complaint and Grievance Process
• CD 084 – Inmates’ Access to Legal Assistance and the Police
• CD 085 – Correspondence and Telephone Communication
• CD 228 – Information Management
• CD 550 – Inmate Accommodation
• CD 566 – Framework for Safe and Effective Correctional Environments
• CD 566-6 – Security Escorts
• CD 567 – Management of Incidents
• CD 567-2 – Use of and Responding to Alarms
• CD 568-1 – Recording and Reporting of Security Incidents
• CD 568-2 – Recording and Sharing of Security Information and Intelligence
• CD 568-4 – Preservation of Crime Scenes and Evidence
• CD 568-5 – Management of Seized Items
• CD 581 – Violations of the Law by Inmates
• CD 701 – Information Sharing
• CD 705-3 – Immediate Needs Identification and Admission Interviews
• GL 800-4 – Response to Medical Emergencies
• GL 800-11 – Health Care Response to Sexual Assaults of Offenders

Dynamic security: regular and consistent interactions with offenders and timely analysis of information and sharing through observations and communication as well as proactive practices that mitigate security incidents. Dynamic security is the action that contributes to the development of professional, positive relationships between staff and offenders, and is a key tool to assess an offender’s adjustment and stability.

Interdisciplinary approach: a group of staff from diverse fields who work in a coordinated fashion toward a common goal.

Need to know: information that is pertinent and necessary to an individual performing their duties.

Sexual assault: an assault committed in circumstances of a sexual nature where the sexual integrity of the victim is violated. It can range from unwanted sexual touching, kissing, or fondling to forced penetration. It can be categorized into sexual coercion or sexual violence. Subsumed under sexual assault is the Criminal Code definition (section 265) of assault:

• 265 (1) A person commits an assault when
  1. without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
  2. he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
  3.  while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
• Application
  1. (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Sexual coercion: a sexual assault carried out using coercive tactics, such as psychological pressure, tricks, threats, intimidation, or abuse of authority.

Sexual violence: a sexual assault carried out using physical force or against a person who is incapacitated.

Staff: for the purposes of this policy, “staff” includes all CSC employees, as well as others such as contractors, who directly interact with offenders.

Vulnerable offender: includes LGBTQ2S and gender diverse individuals, women, and younger offenders. Moreover, sexual orientation, gender identity or expression, and sex characteristics intersect with other characteristics and vulnerability factors, such as age, disability, race, ethnic origin or religious background, in increasing the risk of becoming a victim of sexual violence.

Zero tolerance: for the purpose of this policy, any act of sexual assault will not be tolerated, under any circumstances.

Annex B - Staff Response Guide (Excluding Community Correctional Centres)

Annex C - Staff Response Guide for Community Correctional Centres