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The PREA Coordinator as investigative staff indicated that credibility determinations
are not based on an individual’s status as a resident or staff member. Allegations
are evaluated based on available evidence, including documentation, witness
statements, and video surveillance when applicable. The facility does not require
polygraph examinations or other truth-testing devices as a condition for
investigation.
Policy requires investigators to assess whether staff actions or failures to act
contributed to alleged incidents, with findings documented in the incident review
process. Investigations continue regardless of whether an allegation is recanted or
whether the alleged victim or abuser remains in facility custody or employment.
NNJDC policy also requires that substantiated allegations of potentially criminal
conduct be referred for prosecution. The Pre-Audit Questionnaire indicated that
there was one substantiated allegations of conduct that appeared to be criminal and
was referred for prosecution during the audit period. The auditor was able to review
this investigative file in its entirety; it was a incident of resident on resident sexual
abuse which was reported through the grievance procedures, investigated promptly,
thoroughly, and objectively; it was referred for criminal investigation to NNPD. The
allegation was substantiated and a petition was filed; the resident was notifications
were timely and documented.
Investigative records are retained in accordance with policy for the duration of
employment or confinement of the alleged abuser, plus five years, and relevant files
were made available for auditor review.
The PREA Coordinator confirmed that NNJDC maintains ongoing coordination with
NNPD throughout investigations and receives written investigative outcomes when
available.
Compliance Determination:
Based on the evidence reviewed and interviews conducted, the auditor has
determined that NNJDC meets the requirements of this standard. No corrective
action is required.
115.372 Evidentiary standard for administrative investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
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