Diane Kincaid
Program Manager
Phone:(859) 244-8196
Staff Sexual Misconduct
Enacted: Aug 2003

WHEREAS, the American Probation and Parole Association has identified staff sexual misconduct as unprofessional, unethical and unacceptable;

WHEREAS, this conduct threatens the safety of the community, community supervision officers, offenders, defendants, victims of crime and all others involved with the justice system and erodes public confidence and support of the justice system;

WHEREAS, individuals involved with the justice system and community supervision staff have a right to non-hostile interactions and environments free from sexual remarks, innuendos, behaviors or displays;

WHEREAS, the definition of staff sexual misconduct is not limited to unwanted sexual contact. Sexual misconduct is a range of behaviors or situations that include, but are not limited to: inappropriate remarks, sexualized name calling, correspondence, conversations, and other communications that indicates a professional relationship, inappropriate displays, fondling, inappropriate viewing, and sexual contact with individuals vulnerable to the authority of the justice system;

WHEREAS, any sexual misconduct by community supervision staff and offenders or defendants should result in immediate investigation and, if warranted, disciplinary action;

WHEREAS, not all states have defined this conduct as criminal or have prohibited this conduct;

WHEREAS, not all community supervision agencies have identified or prohibited this conduct by their staff or the staff of agencies with which they contract;

WHEREAS, all individuals involved with the justice system have a right to be free from community supervision staff sexual misconduct.

NOW THEREFORE BE IT RESOLVED, that the American Probation and Parole Association supports the implementation of policies that prohibit staff sexual misconduct and encourage the passage of laws that criminalize this conduct by staff.