OAR 291-109-0210
Permissible Grievance Issues

(1) An AIC may only request review of one matter, action, or incident per grievance.
(a) If multiple staff or functional units are involved in a single incident, each should be included in a single grievance and one grievance response will be prepared from the most appropriate individual at the discretion of the institution grievance coordinator.
(b) For the purposes of a specialty committee, only one grievance shall be submitted for the issue or incident.
(2) An AIC may not file more than one accepted grievance or discrimination complaint regarding a single incident or issue, regardless of incident date, unless substantial new information is available about the incident or issue.
(3) An AIC may file a single grievance concerning any incident or issue regarding institutional life that directly and personally affects that AIC, including but not limited to:
(a) Misapplication of departmental policies, rules, or other directives;
(b) Unprofessional actions of employees, volunteers, or contractors of the Department of Corrections or Oregon Corrections Enterprises;
(c) Inadequate medical or mental health treatment;
(d) Sexual abuse or sexual harassment; and
(e) Excessive use of force by department employees.
(4) An AIC cannot grieve the following:
(a) Any matter that does not directly and personally affect the AIC;
(b) Any matter in which the AIC lacks personal knowledge of the incident or issue;
(c) Any matter that is outside of the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision);
(d) Any matter that may be reviewed through a separate review process under the Department’s rules. Examples include, but are not limited to, the review processes set out in the following Department rules:
(A) Administrative Housing – (OAR 291-046)
(B) Alternative Incarceration Programs – (OAR 291-062)
(C) Classification – (OAR 291-104)
(D) Cost of Care Reimbursement – (OAR 291-203)
(E) Discrimination Complaints – (OAR 291-006)
(F) Informed Consent to Treatment with Psychotropic Medication – (OAR 291-064)
(G) Mail – (OAR 291-131)
(H) Prison Term Modification – (OAR 291-097)
(I) Security Threat Management – (OAR 291-069)
(J) Trust Accounts – (OAR 291-158)
(K) Visiting – (OAR 291-127)
(e) Daily fails as defined in the DOC rule on Performance Recognition and Award System - (OAR 291-077-0033 (Behavioral Adjustments, Unsatisfactory Performance and Program Failures));
(f) Conduct orders, investigations leading to a conduct order, or conduct order sanction(s);
(g) Misconduct reports, investigations leading to or arising from misconduct reports, or disciplinary hearings, findings, and sanctions;
(h) Claims or issues the AIC has pursued or is pursuing in pending litigation in state or federal courts;
(i) Group grievances representing other AICs, or acts where an AIC is a spokesperson for other AICs; and
(j) The processing of or response to grievances, grievance appeals, discrimination complaints, discrimination complaint appeals or other separate review processes.

Source: Rule 291-109-0210 — Permissible Grievance Issues, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-109-0210.

Last Updated

Jun. 8, 2021

Rule 291-109-0210’s source at or​.us