FAX TRANSMISSION
TO:
Mr. William W. Sondervan
Assistant Commissioner, Security Operations
FAX: 764-4182
RE:
Robert B. -- 187-### -- MCAC
ARPs MCAC 00-38-96 and MCAC 00-37-96
Allegations of Sexual Harassment
PAGES: Two (2) plus eight (8) pages to follow
I have intercepted two appeals to the Inmate Grievance Office (Marvin Robbins) of the subject ARPs when the inmate sent me the originals and his only copies for photocopying and forwarding.
As I see it, the inmate presents with claims of sexual harassment but, presumably because of the subject matter, the institution (Mr. Nuth) and Headquarters (Ms. Pereira on behalf of Mr. Lanham) dismissed without investigation citing the grounds the allegations were "malicious".
By way of background, I have previously "heard tell" elsewhere in the system that "homosexuals" would conduct routine strip searches not caring about any contraband but for the express purpose of "fondling genitalia" (not the expression generally used). This is apparently a not unheard of but little spoken about aspect of prison life. Also apparently, from what I've been able to discern, in this way, items not on the allowable property list manage to find their way in and around the institution(s) and favors not normally extended are granted.
I concur with Mr. B that (though he may well have filed this papers with "malicious" intent), nothing in the language utilized can be characterized per se as "malicious". On their face, these writings in fact would support perhaps bonafide accusations that may be generally acknowledged to be "sexual harassment". The inmate (like many, many others you will agree), possibly mentally lacking in wherewithal (and so forth) and to all appearances unschooled, has merely used vernacular expressions to chronicle actual events probably in the absence of knowing any other.
By their dismissals on the grounds of "malicious", both Mr. Nuth and Ms. Pereira are stating that allegations of sexual harassment will simply not be entertained by them. This could be grossly in error for very many reasons. From a "legal" standpoint, they are saying sexual harassment is not cognizable by the institution or by Headquarters. Further, they are saying allegations of this nature are not to be investigated. Based on a more holistic awareness of the Division of Correction I think these standpoints definitely ignore certain realities which may or may not be extant in the conduct of any prison facility.
I am writing to you because it is my decided belief that there may be something the Internal Investigation Unit might look into in this case. I would appreciate your review and possible investigation of the matters presented.
By copy of this fax and enclosures, I am bringing my misgivings to the attention of Mr. Nuth, Ms. Pereira and Mr. Lanham and I am requesting Mr. Robbins to defer IGO's decision until he hears from your office.
Two ARPs (8 pages) to follow
cc:
Warden Eugene Nuth
Deputy Commissioner Pereira
Commissioner Lanham
Mr. Marvin Robbins, Inmate Grievance Office
Inmate Robert B, #187-###, MCAC