Broward County Sheriff's Policy Manual - Sexual Misconduct (PDF)

SHERIFF’S POLICY MANUAL 2.21 SEXUAL MISCONDUCT/SOLICIT OR ENGAGE IN SEXUAL ACTIVITY 2.21.1 Policy Statement: The Broward Sheriff's Office has a zero-tolerance policy toward sexual misconduct. All allegations will be promptly and thoroughly investigated. 2.21....

SHERIFF’S POLICY MANUAL 2.21 SEXUAL MISCONDUCT/SOLICIT OR ENGAGE IN SEXUAL ACTIVITY 2.21.1 Policy Statement: The Broward Sheriff's Office has a zero-tolerance policy toward sexual misconduct. All allegations will be promptly and thoroughly investigated. 2.21.2 Definitions A. Sexual Misconduct: Any behavior that takes advantage of the employee’s position to misuse authority and power (including force) in order to commit a sexual act, initiate sexual contact with another person, or respond to a perceived sexually motivated cue (whether a subtle suggestion or overt action) from another person. It also includes any communication or behavior by an employee that would likely be construed as lewd, lascivious, inappropriate, or conduct unbecoming and violates the general principles of acceptable conduct. B. Sexual Misconduct includes, but is not limited to: 1. Sexual contact by force (e.g., sexual assault, rape); 2. Sexual shakedown (e.g., extorting sexual favors in exchange for not ticketing or arresting a citizen); 3. Gratuitous physical contact with suspects (e.g., inappropriate or unnecessary searches, frisks or pat-downs); 4. Sexual behavior while on duty (e.g., viewing or distributing pornographic images, sexting, demonstrating sexual behavior with oneself, another employee or citizen); 5. Sexually motivated voyeuristic actions; 6. Inappropriate and unauthorized use of agency resources or information systems for sexual activities other than for legitimate law enforcement purposes. 2.21.3 Policy A. On-duty employees will not solicit sexual activity or engage in any form of sexual misconduct. 2.21 09/12/2013  SHERIFF’S POLICY MANUAL B. Pursuant to the Prison Rape Elimination Act (PREA), Employees will not solicit sexual activity or engage in any form of sexual misconduct with inmates, patients, or in-custody persons. C. Employees will not initiate sexual activity with known suspects, or other persons involved in an active investigation or other official matter in which the employee has a direct involvement. D. Employees receiving a complaint of sexual misconduct of another employee will follow procedures as outlined in the “Employee Complaint and Disciplinary Process” section of the Sheriff’s Policy Manual. 2.21.4 Duty to Report A. Employees who have knowledge of sexual misconduct by another employee have an obligation to report the violation to a supervisor or Internal Affairs. Employees will be protected from retaliation for a good faith report of sexual misconduct. B. Any employee who has knowledge of and fails to report sexual misconduct by another employee will be subject to disciplinary action, except when the employee is the victim. 2.21.5 Investigation and Discipline A. Investigation of Sexual Misconduct and recommendations for discipline (if any) will be in accordance with policies and procedures outlined in the “Employee Complaint and Disciplinary Process” section of the Sheriff’s Policy Manual. B. Employee rights will be upheld in accordance with federal and state law and the employee’s collective bargaining agreement, if any. 2.21 09/12/2013