17612_RFP_Attachments_2-3-26.pdf

Rev. April 2025

ATTACHMENT A: RESPONDER DECLARATIONS

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. Response Contents. The information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

2. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

D. Organizational Conflicts of Interest. To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.

An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a vendor is unable or potentially unable to render impartial assistance or advice to the State;

2. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or

3. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

E. Certification Regarding Lobbying. For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

F. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

G. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The State presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes specific exception to one or more of the conditions on this form.

The State reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to State’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below.

Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

By signing this form, I acknowledge that the above-named responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders should review Exhibit D of the Sample Contract for additional pricing terms related to the Cost Proposal.

Responders must download and use the Exhibit D Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with the response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use the Price Schedule may be cause for rejection.

Responders are strongly encouraged to provide a price for all line items. The State reserves the right to reject responses that do not supply sufficient line items.

2. Installation Services.

A responder must apply a charge as a separate line item for installation or mounting services if such service is requested in writing by the ordering entity. The price for equipment, attachments, or options does include installation or mounting costs on the Exhibit D: Price Schedule. The price offered must include everything needed so the unit is complete and ready for immediate use. If installation services are NOT AVAILABLE, enter “N/A” on the Price Schedule. A responder should carefully examine the Price Schedule for installation pricing instructions.

3. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

ATTACHMENT D: RESPONDER FORMS Workforce and Equal Pay Declaration Page

This form is required for all businesses executing government contracts under the following:

Select one:

☐ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________ ☐ Equal Pay Certificate under the name: __________________________________________________________

We are applying/have applied for the following certificate(s):

☐ Workforce Certificate Application date (MM/DD/YYYY): ____________________ ☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a

Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

Business Information

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

ATTACHMENT E: ADDITIONAL INFORMATION

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders.

Vendor’s Legal Name

Address

Contact Person (Contract)

Email Address

Telephone Number

Contact Person (PO Order)

Email Address

Telephone Number

2. Prompt Pay Discount. What prompt pay discounts do you offer? Select all that apply, if “other,” specify terms in the comment section below:

□ 1% in 30

□ 2% in 30

□ 3% in 30

□ 1% in 10, Net 30

□ 2% in 10, Net 30

□ 3% in 10, Net 30

□ 5% in 10, Net 30

□ Other

□ 1% in 15, Net 30

□ 2% in 15, Net 30

□ 3% in 15, Net 30

□ 1% in 20, Net 30

□ 2% in 20, Net 30

□ 3% in 20, Net 30

□ Net 30

Comments:

3. Delivery Time Frame. Responder must enter a delivery time frame after receipt of order (ARO) in the space below.

The contractor will deliver ordered goods in how many calendar days, after receipt of order?

4. Distributor or Manufacturer’s Rep:

If a distributor or manufacturer’s representative, as defined in MN Rules 1230.0150, is submitting an offer on behalf of the Original Equipment Manufacturer (OEM), it must either:

a. Be listed on the OEM’s website as an authorized distributor or an authorized manufacturer’s representative, or

b. Provide a letter from the OEM, on the OEM letterhead, stating the responder is authorized to sell the specific product listed in the Solicitation/Event, or the OEM’s full line of products, and that all OEM equipment warranties are applicable. (This requirement can be met by attached the OEM

Rev. 9.01.2021 letter to the Solicitation/Event response). Failure to meet this requirement by the Solicitation/Event due date and time may result in the vendor’s response being rejected. The Contract Vendor shall be the single contact through which customers will arrange warranty work that is still covered under the original equipment manufacturer’s warranty on the equipment that is purchased.

Pursuant to MN Rules 1230.0150, responses from brokers may not be accepted.

Select one of the four options below. Provide a detailed explanation if necessary.

OEM

Authorized Distributor

Manufacturer’s Representative

Broker

5. Does the equipment under your company’s response meet all required specifications listed under 2. Equipment, Scanning System and Workstation Specifications?

☐Yes ☐ No

6. Does the equipment under your company’s response meet the OSHA standard 29 CRF 1910.7 requirement as stated under 2.4 Certifications under Exhibit C: Specifications, Duties and Scope of work?

☐Yes ☐ No

7. Responder should explain what is included in the onsite training. A separate attachment can be provided, as well.

Note that the onsite training will be evaluated by the State and the responder will receive up to 100 points.

8. Responder should explain what is included in the Warranty, Extended Warranty, Service. A separate attachment can be provided, as well. Note that the warranty will be evaluated by the State and the responder will receive up to 100 points.

Rev. 9.01.2021

ATTACHMENT F: BACKGROUND CHECK PACKET

The following attached documents and brochures are required to be reviewed and completed by the contractor prior to entering any of the DOC facilities.

Page 1 of 8 300.020A (12/2020)

Photo and Visual Images Notice and Consent

Photographs are considered private data under the Minnesota Governmental Data Practices Act (MGDPA), Minnesota Statutes Chapter 13. The DOC is providing you with the following notice regarding photographs and visual images collected by DOC representatives.

Identification Card/Photos: The purpose of your photograph on your identification card and/or its retention within an access control system is so, contractors, volunteers, interns, and visitors may be visually identified in order to enhance facility safety and security. Your photo is electronically stored and is accessible by those who have a business need to access it. While you may refuse to be photographed for your identification card and/or the access control system, facility security requires the use of photo ID’s and the access system and the consequences of refusal may result in denied access to DOC facilities and/or Central Office.

Informed Consent to Release Private and Confidential Data

I _____________________________, (print name), a (please check appropriate box) contractor, volunteer, intern, or visitor, have read and understand the above Tennessen Warning Notice. I hereby authorize and release representatives of the DOC to use my photograph consistent with the information above. This photograph is related to my access and security while on DOC or State premises. This release has no expiration date.

Signature:________________________________________ Date:______________________ Requested – Not Required

Page 2 of 8 300.020A (12/2020)

Application for Access to Minnesota Correctional Facilities/Sites for Non-DOC Personnel

Renewal

DOC Staff Contact: ________________________________________ Activity:____________________________

NAME OF GROUP OR ORGANIZATION:_______________________________________________________

Full name:____________________________________________________________________________________

Please print (LAST), (FIRST) (MIDDLE) (MAIDEN)

Date of birth: __ __/__ __/__ __ __ __ Male:_____ Female:_____ Race/Ethnicity:________________

Month / Day / Year

Home Phone: ____________________ Cell Phone:______________________ Work Phone:___________________

E-mail Address (Optional): _______________________________________________________________________

Address: _____________________________________________________________________________________

IMPORTANT: Include permanent address AND mailing address, if different. Permanent address needs to match address on valid ID.

City/State:________________________________________ Zip Code:___________________________

Circle type of ID used (Proper photo ID is required)

1. Valid Driver’s License from State of Residence 4. Valid Military ID (Active Duty only)

2. Valid ID Card from State of Residence 5. Valid Passport (If resident of foreign country)

3. Valid Tribal ID (As detailed in M.S. §171.072(b)(c)) 6. Other Valid photo ID

Write the ID number here:_____________________________________ State:______________

Have you ever worked for the State of Minnesota? No___ Yes___

If yes, when and in what capacity? _______________________________________________________________

Page 3 of 8 300.020A (12/2020)

Have you EVER been convicted of a felony? No___ Yes___

Have you EVER served time in a MN DOC facility? No___ Yes___

Do you have ANY charges pending against you? No___ Yes___

Are you, or have you been, on probation, parole, or supervision in the last year? No___ Yes___

Agent Name:________________________________ Agent Phone: (____)_________________________

Agent Signature:______________________________________________________________________________

Are you communicating with an offender at ANY facility? No___ Yes___

Are you related to or acquainted with an offender at ANY facility? No___ Yes___

Are you currently volunteering at another facility? (If yes, list facility below) No___ Yes___

Are you applying for admittance to more than one facility? (If yes, check all facilities below) No___ Yes___

Are you, or have you been, on an offender’s visiting list at ANY facility? No___ Yes___

(If yes, please provide offender name, OID number, and date of last visit below.)

Offender Name:_____________________________ OID:_____________________ Date of last visit:___________

Reason for offender association: ___________________________________________________________________

Emergency Contact

Name: ________________________________________________________ Phone: ______________________

Please place an X next to all facilities you are requesting to enter, and/or provide professional services at:

___MCF-Faribault

1101 Linden Lane

Faribault, MN

55021

___MCF-Lino Lakes

7525 4th Ave.

Lino Lakes, MN

55014

___MCF-Moose Lake

1000 Lake Shore Dr.

Moose Lake, MN

55767

___MCF-Oak Park Heights

5329 Osgood Ave. N.

Stillwater, MN

55082

___MCF-Red Wing

1079 Highway 292

Red Wing, MN

55066

___MCF-Rush City

7600-525th St.

Rush City, MN

55069

___MCF-Shakopee

1010 W. 6th Ave.

Shakopee, MN

55379

___MCF-St. Cloud

2305 Minnesota Blvd. S.E

St. Cloud, MN

56304

___MCF-Stillwater

970 Pickett St. N.

Bayport, MN

55003

___MCF-Willow River (CIP)

86032 County Hwy. 61

Willow River, MN

55795

___MCF-Togo

62741 County Rd. 551

Togo, MN

55723

___Central Office

1450 Energy Park Dr.

#200 St. Paul, MN

55108

Guidelines

1. All persons must be at least 18 years old to enter adult facilities, and at least 21 years old to enter juvenile facilities.

2. All person(s) must submit a completed application, pass a background check, and receive orientation before beginning their duties. This process is repeated on an annual basis.

3. All persons must present valid photo identification for each admission to the correctional facility.

4. All person(s) are subject to metal detection to enter a facility. If you have an existing medical reason (with documentation), such as a metal implant, you will be hand-held detected, if you have a Pace Maker or Defibrillator (with documentation) you will be pat searched. If you do not have medical documentation you may not enter the facility.

5. No person can be on an offender’s visiting list in the MN Dept. of Corrections unless approved by the warden or designee.

6. A successful application does not guarantee acceptance into a facility.

Page 4 of 8 300.020A (12/2020)

Prison Rape Elimination Act A prior criminal conviction will not automatically remove you from consideration to enter a Facility, However, the MN Dept. of Corrections shall not enlist the services of any contractor who may have contact with inmates who has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution; has been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or has been civilly or administratively adjudicated to have engaged in the activities described previously. (Per PREA 28 C.F.R Part 115.17)

Have you engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution; or been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or has been civilly or administratively adjudicated to have engaged in the activities described previously?

Yes _______ No _______ Initial _______

Tennessen Notice/Permission to Do Criminal History Check During the process of applying to a facility, you will be asked to provide information that may be private under the Minnesota Government Data Practices law. This data will be used to verify and evaluate the information you provide and to ensure the security of the facility. Individuals who have access to this information include any staff who are assisting with applicant background investigations and Office of Special investigations staff. Providing this information is voluntary; however, refusal to provide, failure to disclose, or attempts to withhold this information will be grounds to disqualify you from further consideration for providing services.

An applicant being considered for participation in the Minnesota Department of Corrections will have their criminal history checked.

We need your consent and certain private information in order to do a criminal history check.

By providing this information I hereby authorize and grant my informed consent to the Minnesota Bureau of Criminal Apprehension to release to the Minnesota Department of Corrections any information contained about me in the Minnesota Predatory Offender Registry, including, but not limited to, information related to offenses which may have occurred when I was a juvenile, and information in other BCA systems.

I hereby release the Minnesota Bureau of Criminal Apprehension and the Minnesota Department of Corrections from any and all actions and causes of action, of any kind and nature whatsoever, past, present, and future, arising out of the release of information obtained with this consent. This authorization shall be valid for a period of twelve (12) months from the date of signature.

Signature:____________________________________________ Date: _______________

Return completed application to the facility address on the front of the form.

Official Use Only

BCA/QWI check:_____/_____ Clear Visiting check: _____/_____ Clear ID check: _____/_____ Clear

Staff initials / Date Staff initials / Date Staff initials / Date

Checks completed by: _________________________________ _________________________________ ____________

Print name Signature Date

Reviewing Authority/Designee: Approved:_________ Denied:_________

Print name:_______________________________ Signature:_________________________________ Date:__________

Mantoux test required? Yes___ No___

Orientation completion date:_________ Staff Signature:_______________________

Page 5 of 8 300.020A (12/2020)

DISCLOSURE OF OFFENDER ASSOCIATION

All employees, student workers, volunteers, interns, and contractors are required to disclose any personal or professional association(s) they have or have had with current offenders, offenders whose sentences were discharged within two years, or family (spouse, child, grandparents, or siblings) of current or former offenders. DOC Policy 103.223. If you are unsure of the need to disclose, complete a form or ask for clarification from Human Resource Management personnel.

Date: __________ Name: _________________________________________ Full Name

Please check one:

____ To the best of my knowledge I have no known personal or professional associations with current or former offender(s) or with the family of current or former offender(s).

____ I have or have had personal or professional associations with the individual(s) identified below. List the names of all offenders, former offenders, or family members of current or former offenders here and complete a Request for Approval of Offender Association for each individual listed.

Employee/Student Worker/Volunteer/Intern/Contractor’s Signature

Page 6 of 8 300.020A (12/2020)

REQUEST FOR APPROVAL OF OFFENDER ASSOCIATION

Your name Date

Please provide the following information about the offender or family member of the offender.

Add any comments you feel are necessary to explain the circumstances. Return the completed form to your supervisor.

Full name of offender:

Facility or location of offender:

Describe the nature and frequency of your association with the offender or give the name of the offender’s family member and describe the nature of your association with him or her:

Do you wish to maintain contact with the offender or family member? ____ Yes ____ No

If yes, please explain the type of contact you have including how often below: (E.g. phone contact, visiting, mail contact, depositing funds in offenders account, family gatherings and how often this occurs).

Signature Date

Warden or Business Unit Manager Review:

________ Approved _________ Disapproved

Signature Date

OSI USE ONLY

OID Facility

Release Date Date entered by OSI:

By:

Page 7 of 8 300.020A (12/2020)

Sexual Misconduct with Residents Prison Rape Elimination Act [PREA] Information

I acknowledge that I have received training, policy and specific written details outlining sexual misconduct with Residents and the Prison Rape Elimination Act federal laws. I will fully review the policy, materials provided and ask questions, if needed, for understanding of the information provided.

I understand that Minnesota Department of Corrections [DOC] policy specifically forbids any activity associated with or that promotes acts of sexual conduct, sexual abuse, including sexual harassment between residents and DOC staff. In this definition, “staff” includes DOC employees, contractors, representatives, interns, or volunteers of the DOC as well as staff from other federal, state, or local jurisdictions. “Resident” is someone confined in a correctional facility, contracted detention facility, halfway house, or under supervision in the community.

I further understand that sexual misconduct is against the law under M.S. 609.344 and 609.345.

signature date printed name work location

Electronic copy of completed form to Training Coordinator, and original to staff/volunteer/contractor/intern’s supervisor.

Page 8 of 8 300.020A (12/2020)

Please include a photocopy of your

Driver’s License, Valid State ID, Passport, or Military ID.

Thank you!

END THE

SILENCE

Zero Tolerance for Sexual Abuse and Sexual Harassment:

Prison Rape Elimination Act

(PREA)

RIGHT TO REPORT

If you, or someone you know, are experiencing sexual abuse or sexual harassment, the

Department of Corrections wants to know.

We want you to report right away! Why?

• We want to keep YOU safe; it is our job! It is your right to be free from sexual abuse and sexual harassment.

• We want to investigate the reported incident.

• We want to hold the perpetrator accountable for his/her actions.

• We want to provide YOU with relevant information and support services.

How to Report

The Department of Corrections offers multiple ways to report sexual abuse and sexual harassment:

• Telephone: Rape, Abuse, and Incest National

Network RAINN *77

• Report to any staff, volunteer, contractor, or medical or mental health staff.

• Submit a grievance or sick call slip.

• Report to the PREA Coordinator or the facility PREA Compliance Manager.

• Tell a family member, friend, legal counsel, or anyone else outside the facility. They can report on your behalf by calling the DOC

Sexual Abuse Helpline at

651-603-6798.

• You also can submit a report on someone’s behalf, or someone at the facility can report for you.

External Reporting Option

You also can make a report to Rape, Abuse, and

Incest National Network at *77. This resource is located outside the Department of Corrections and you can remain anonymous upon request.

IF YOU ARE ABUSED

Support services are available from a Victim

Advocate and can be reached at 651-361-7666.

What to Do If You Have Been Sexually Abused

• Tell a staff member as soon as possible.

• Seek medical attention BEFORE you shower, eat, drink, change clothing, brush your teeth, or use the bathroom.

• Share as much information as possible when answering questions to assist with the investigation.

NOTICE FOR FAILURE

TO REPORT

Anyone who engages in, fails to report, or knowingly condones sexual harassment or sexual abuse of an Incarcerated

Person/resident/detainee shall be subject to disciplinary action and may be subject to criminal prosecution.

Facility Name Goes Here

Agency Name Goes Here

PREA Coordinator:

Coordinator’s name | (XXX) XXX-XXXX

PREA Compliance Manager:

Compliance manager’s name | (XXX) XXX-XXXX

The Challenge Incarceration Program does not tolerate any form of sexual abuse or sexual harassment. The goal of this facility is the safety of the Incarcerated Person. The facility will hold accountable any persons found to have committed any form of sexual abuse or sexual harassment against another person.

If any of the information presented here is confusing, or you have questions about something that may be happening to you, ask a staff person you trust.

Call the MN DOC Sexual Abuse Helpline

651-603-6798.

Select Collect Call option. It is a FREE call from any DOC pay phone.

On the MN DOC public website, anyone can email or mail the statewide:

PREA Coordinator MCF- Lino Lakes

7525 Fourth Avenue Lino Lakes, MN 55014

NO

NO

MEANS

ZERO TOLERANCE

The Department of Corrections has a zero-tolerance for sexual abuse and sexual harassment. What does this really mean? It means that YOU have the right to be free from sexual abuse and sexual harassment by anyone at the facility, including an Incarcerated Person, staff, volunteer, or contractor. No one has the right to sexually abuse or sexually harass you.

No one.

What Is Sexual Harassment?

• Repeated and unwelcome comments or gestures of a sexual nature, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

• Repeated and unwelcome sexual advances;

requests for sexual favors; or verbal comments, gestures, or actions of a derogatory or offensive sexual nature.

What Is Sexual Abuse?

• Forced or coerced sexual intercourse or sexual contact when the victim does not consent or is unable to consent or refuse.

This may include the use of fear or threat of physical violence, psychological intimidation, bullying, and physical force.

What is staff voyeurism?

An invasion of privacy of Incarcerated Person by a staff, contractor, or volunteer for reasons unrelated to official duties.

Your complaint will be handled respectfully and confidentially.

Examples of Staff Voyeurism

• Watching an Incarcerated Person use the toilet, shower, or change clothes.

• Requiring an Incarcerated Person to show his/her buttocks, genitals, or breasts.

• Taking pictures of an Incarcerated Person’s naked body or toilet use.

Tips for Avoiding Sexual Abuse and Sexual Harassment

A victim is never to blame for being attacked, but these tips may help you lower your risk of sexual abuse or sexual harassment.

• Pay attention to your surroundings.

• Always carry yourself in a confident manner.

• Do not accept gifts or favors from others.

They usually come with “strings attached” or future paybacks, including sexual favors.

• Do not accept an offer from another resident to be your protector or “friend.”

• Find a staff with whom you feel comfortable discussing your fears and concerns. Confide in him/her if you feel threatened; or call the

DOC Sexual Abuse Helpline 651-603-6798.

• Be alert! Do not use contraband such as drugs or alcohol, as they will weaken your ability to be alert and make good choices.

• Be direct and firm when others ask you to do things that you do not want to do.

• Do not give mixed messages to others regarding your wishes for sexual activity.

• Choose your acquaintances wisely.

An Issue of Power Minnesota Department of Corrections’ (DOC) policy specifically forbids any activity associated with or that promotes acts of sexual conduct, in-cluding sexual harassment between offenders and DOC staff. In this definition, “staff” includes:

contractors, representatives, or volunteers of the DOC as well as staff from other federal, state, or local jurisdictions. An “offender” means someone incarcerated in a correctional facility or under su-pervision in the community.

Sexual misconduct can be defined as behavior of a sexual nature. The result is a breach of the professional relationship that exists between staff and an offender. Sexual misconduct distinctly al-ters the boundary between professional roles and personal relationships–personal elements are then introduced into what should be a sex-neutral situ-ation. Forms of sexual misconduct include, but are not limited to:

Sexual misconduct, including sexual harassment, is a serious offense–and is against the law (M.S.

609.344 and 609.345, subd. 1 [m].)

Depending on the investigation findings of an al-leged incident, disciplinary action may result in dismissal and the advanced possibility of criminal charges. In addition, persons accused of sexual harassment in civil or criminal proceedings may be held personally liable for damages to the per-son harassed.

Sexual harassment can take many forms, in-cluding but not limited to:

As a DOC employee, contractor, representative, or volunteer, your designated assignments place you in a position of authority over the offenders with whom you interact in a professional capacity.

It is not possible to have a relationship as equals because you have a responsibility to maintain cus-tody, evaluate work performance, and/or provide input to issues that affect release dates, return to prison, or other sanctions.

Some Other Things to Consider

�� Amorous or sexual relationships with an of-fender are seldom a secret. Such behavior will undermine your professional career by subjecting you to disrespect and manipula-tion from other offenders that may be aware of your situation.

�� Once in a relationship, professional judgment becomes clouded and the normal defenses that exist to protect you will be compromised.

When acting on emotions, you may take ac-tions that would otherwise be considered in-appropriate in a correctional environment (ei-ther in custody or in the community).

�� Others will be judging your decisions for pro-fessionalism and trustworthiness. Your con-duct and the decisions you make reflect not only on your own reputation, but also on that of your peers and the agency you represent.

�� Romantic or sexual relationships often end with bitter feelings. If this occurs, you may be vulnerable to a host of problems–such as loss of respect from your peers, a damaged reputa-tion, and loss of employment.

Engaging in any form of overly familiar activity with an offender is unprofessional conduct and in violation of department policy.

�� Attempts to engage in a sexual act with any offender’s genitalia, anus, groin, breast, inner thigh, and/or buttocks with the intent to abuse, humiliate, harass, de-grade, arouse, or gratify the sexual de-sire of another person.

�� Any solicitation of sexual activity through promises of favors and/or threat-ening an offender for refusing sexual ad-vances.

�� Invasion of privacy beyond what is rea-sonably necessary for safety and secu-rity, including disrespectful, unduly fa-miliar, or threatening comments made to offenders.

�� Sexual comments about one’s body.

�� Repeated staring, comments, and/or propositions of a sexual nature.

�� Conversations that include sexually-sug-gestive innuendos or double meanings.

�� Display or transmittal of sexually-sug-gestive posters, objects, or messages.

�� Demands for acts of a sexual nature.

�� Physical sexual assault.

�� Request for sex in exchange for favors.

Sexual harassment is any sexual behavior that adversely affects an offender’s environment as it pertains to his/her incarceration or supervision. It can occur without conscious intent and is not lim-ited to explicit demands for sex.

Sexual misconduct and sexual harassment are an abuse of power. No one can predict when ro-mantic or sexual feelings will occur between two people, but acting on those feelings by becoming involved with an offender is unprofessional and unacceptable conduct.

A Special Note to Persons in Positions of Power

Amorous or sexual relationships are inappropriate and illegal when they occur between an offender and any staff member, contractor, representative, or volunteer. Offenders depend upon staff to pro-vide for their board and care, ensure their safety, address their health care needs, supervise their work and conduct, and act as role models for so-cially-acceptable conduct.

Because of the difference in power between of-fenders and staff, contractors, representatives, and volunteers, there can never be a consensual rela-tionship between the two entities. Here are some factors to consider.

Some offenders have a history of victimization, particularly in their formative years, which may make them especially vulnerable to the sexual overtures of persons in positions of authority.

Their perception of affection/love may be skewed by this background of abuse, making it impossible for them to refuse advances of a staff member.

In some instances, particularly for female offend-ers, their survival in the community has been di-rectly related to using their sexuality to obtain the means to support themselves. Coupled with low self-esteem, this carries over into their conduct in prison and while under community supervision.

Occasionally an offender tries to use sex to im-prove his/her standing or circumstances (e.g., bet-ter job, avoid disciplinary action, affect a transfer, gain privileges, etc.). However, as the person in authority, it is the staff member’s responsibility to discourage and refuse any overtures as well as maintain professional boundaries at all times.

A staff member’s personal and professional repu-tation may be jeopardized because of unprofes-sional conduct. Their effectiveness as agents of the DOC, their careers, and even their families can be negatively impacted or destroyed.

Boundaries in relationships can be difficult. If you question your professional boundaries with an of-fender or feel uncomfortable with his/her actions or advances toward you, talk to another person you respect or bring this matter to the attention of your supervisor before it gets out of control.

Employee Assistance Program

To speak with a consultant, call 651/259-3840 or 800/657-3719, or visit www.mylifematters.com.

Sexual Misconduct with Offenders

A guide for staff, contractors and volunteers of the Minnesota Department of

Corrections

M.S. 609.344 & 609.345, subd. 1 (m) The actor is an employee, independent con-tractor, or volunteer of a state, county, city, or privately operated adult or juvenile cor-rectional system, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system. Consent by the complainant is not a defense.

Minnesota Department of Corrections 1450 Energy Park Drive, Suite 200

St. Paul, Minnesota 55108

651/361-7200, TTY 800/627-3529

www.doc.state.mn.us

March 2013