Sec. 10.01.18.06. Internal Complaint Process

A. A covered program shall:

(1) Adopt and maintain an internal complaint process as defined in this chapter;

(2) Provide a copy of the covered program’s written internal complaint process to each individual receiving services from the covered program:

(a) During the individual’s orientation; and

(b) At any time upon an individual’s request; and

(3) Prominently display, in accessible, centralized locations, the covered program’s internal complaint process.

B. A covered program shall:

(1) Develop and maintain a form to use to report inappropriate sexual behavior; and

(2) Have available a staff member who is not involved in the alleged inappropriate sexual behavior to assist in completing the reporting form.

C. The internal complaint process shall:

(1) Provide procedures for making a complaint of inappropriate sexual behavior;

(2) Permit an individual alleging that the individual was subjected to inappropriate sexual behavior to use the covered program’s grievance process to address the alleged incident;

(3) Include procedures for investigating a complaint of inappropriate sexual behavior;

(4) Require that the review and investigation of a complaint of inappropriate sexual behavior be initiated immediately by the covered program after the program manager’s receipt of the complaint, unless a State or local law enforcement unit or a child protection services unit has been notified of and is investigating the incident, in which case the program may not initiate an internal investigation until the external investigating unit has completed its investigation or has determined that its investigation would no longer be adversely affected by the internal investigation;

(5) Require that the investigation of a complaint of inappropriate sexual behavior be completed within 7 calendar days after the investigation is initiated;

(6) Allow participation by:

(a) Representatives of, and as designated by, the individual who allegedly was subjected to the inappropriate sexual behavior; and

(b) Any individual who is alleged to have committed the inappropriate sexual behavior;

(7) Allow information to be presented to support the position of:

(a) The individual who allegedly was subjected to the inappropriate sexual behavior; and

(b) Any individual who is alleged to have committed the inappropriate sexual behavior;

(8) Ensure the participation of the covered program staff members who have the authority to implement corrective action;

(9) Require that the substance of the complaint and any actions taken in response to the complaint be documented; and

(10) Require written notification of the covered program’s determination to:

(a) The individual who allegedly was subjected to the inappropriate sexual behavior:

(b) Any individual who is alleged to have committed the inappropriate sexual behavior; and

(c) Appropriate covered program staff members or other individuals as necessary to take disciplinary or corrective action, or both.

D. Any staff member determined to have engaged in inappropriate sexual behavior shall be permitted to make use of the covered program’s internal grievance process in any disciplinary action based upon the determination.