Sexual abuse and sexual harassment investigations are complex investigations made even more challenging in confinement settings. It is common for allegations of sexual abuse and sexual harassment to be found "false" when in fact a thorough and comprehensive investigation can lead to a finding that discerns the difference between unfounded with mitigating circumstances and "Bad Faith" (False) allegations of sexual abuse and sexual harassment. An experienced investigator with strong knowledge and experience about how and why sexual abuse manifests in confinement can help get at the core of why sexual abuse allegations are made and how to mitigate and address reporting of unfounded allegations that may incorrectly be determined to be "false". Careful gathering of evidence in these investigations can also support identification of safety issues in need of attention.
Learning Objectives:
Explain the difference between unfounded sexual abuse and sexual harassment allegations with mitigating circumstances and unfounded allegations made in "bad faith".
PREA Standards: 115.5; 115.71; 115.72
Demonstrate how thorough and comprehensive sexual abuse and sexual harassment investigations with appropriate findings can help to reduce the number of "bad faith" reports of sexual abuse and sexual harassment. PREA Standards: 115.34
Apply appropriate dispositions for unfounded allegations of sexual abuse and sexual harassment with mitigating circumstances versus allegations of sexual abuse and sexual harassment made in "bad faith". PREA Standards: 115.78(c)(f)
