DOC 310.08DOC 310.08 PREA complaint procedure. An inmate may file a complaint alleging sexual abuse using the procedures under this chapter. The following provisions apply to complaints alleging sexual abuse or sexual harassment:

DOC 310.08(1)(1) Notwithstanding s. DOC 310.07 (2), an inmate may file a complaint regarding sexual abuse or sexual harassment at any time. If a portion of the complaint alleges an issue that does not relate to sexual abuse or sexual harassment, the time limits under s. DOC 310.07 apply.

DOC 310.08(2)(2) Notwithstanding s. DOC 310.07 (1) or (8), an inmate is not required to attempt to resolve the issue with the staff member who is the subject of the complaint or to file a complaint regarding sexual abuse or sexual harassment with the staff member who is the subject of the complaint. The inmate may use an alternative method of filing, including submission of the complaint directly to the warden.

DOC 310.08(3)(3) Complaints filed under this section will be referred for a PREA investigation. Department policy shall address the requirements that investigations regarding allegations of sexual abuse or sexual harassment be completed within established time frames.

DOC 310.08(4)(4) Third parties, including fellow inmates, staff members, family members, attorneys, and outside advocates, shall be permitted to assist an inmate in filing a request for administrative remedies relating to allegations of sexual abuse or sexual harassment and shall also be permitted to file such requests on behalf of inmates. Requests for administrative remedies filed under this section will be referred for a PREA investigation.

DOC 310.08(5)(5) Emergency grievance procedures for complaints alleging a substantial risk of imminent sexual abuse or sexual harassment will be handled in the following manner:

DOC 310.08(5)(a)(a) The inmate may contact any staff member who is not the subject of the allegation for immediate corrective action.

DOC 310.08(5)(b)(b) The inmate may file a complaint. Complaints collected under s. DOC 310.08 shall be immediately forwarded to the warden to determine if immediate action is warranted.

DOC 310.08(5)(c)(c) Reports of substantial risk of imminent sexual abuse or sexual harassment outside of the complaint process under this chapter shall be immediately forwarded to the warden to determine if immediate action is warranted.

DOC 310.08(6)(6) The warden may discipline an inmate for filing a complaint related to alleged sexual abuse or sexual harassment only if the warden demonstrates that the inmate filed the complaint in bad faith.

DOC 310.08(7)(7) Time frames are waived for PREA related complaints, this does not apply to PREA related complaint appeals.

DOC 310.09(1)(1) An inmate may appeal the reviewing authority decision to the CCE within 14 days after the date of the decision or if the inmate does not receive a decision 45 days after the date the ICE enters the complaint.

DOC 310.09(2)(2) Appeals shall meet all of the following requirements:

DOC 310.09(2)(c)(c) Be filed only under the name by which the inmate was committed to the department or the legal name granted by a court.

DOC 310.09(2)(f)(f) Provide relevant supporting documentation, which may be accepted at the discretion of the CCE.

DOC 310.09(3)(3) An appeal will not be processed and a referral for disciplinary action may occur in accordance with ch. DOC 303 if the complaint contains any of the following:

DOC 310.09(3)(a)(a) Obscene, profane, abusive, or threatening language unless such language is necessary to describe the factual basis of the complaint.