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The auditor reviewed the Pre-Audit Questionnaire (PAQ), facility grievance policies,
PREA-related administrative remedy procedures, and the facility website, and
conducted interviews with the PREA Coordinator and residents, where applicable, to
assess compliance with Standard 115.352. Newport News Juvenile Detention Center
(NNJDC) has established an administrative process for addressing resident
grievances related to sexual abuse and sexual harassment that meets PREA
requirements for exhaustion of administrative remedies.
Policy 115.352 and the facility grievance procedure outline a formal process that
ensures residents can file grievances related to sexual abuse at any time without
being required to use informal resolution processes or submit grievances to staff
who are the subject of the complaint. Grievances involving sexual abuse are treated
as emergency grievances and are prioritized for immediate response.
The policy requires that grievances be reviewed by an objective staff member not
involved in the allegation and that residents receive timely, documented responses
that include the basis for the decision. The grievance system includes at least one
level of appeal and provides administrative review at multiple levels. Staff
confirmed that residents are protected from retaliation or threats for filing
grievances and are not required to attempt informal resolution before filing a sexual
abuse grievance.
The facility’s procedures require that final agency decisions on grievances alleging
sexual abuse be issued within 90 days of filing, with possible extensions of up to 70
additional days when necessary. Residents must be notified in writing of any
extension. If no response is received within the required timeframes, the grievance
is deemed denied at that level, allowing the resident to proceed to the next step in
the process.
The auditor confirmed that residents may file grievances individually or through
third parties, including family members, attorneys, staff, or advocates. If a third
party files on behalf of a resident (excluding a parent or legal guardian), the
resident must consent to the filing before the grievance proceeds. Parents or legal
guardians may file grievances and appeals without requiring the juvenile’s consent.
This process is clearly outlined in policy and is also publicly available on the facility’s
website.
The PREA Coordinator confirmed that there were two grievances alleging sexual
abuse during the 12-month audit period. The auditor was able to review the case
files for both grievances. There was a well documented investigation for both
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