WAC 137-79-040
Sanctions. (1) When the secretary has
reasonable cause to believe that sexual intercourse or sexual
contact between an employee and an inmate has occurred,
notwithstanding any rule adopted under chapter 41.06 RCW the
secretary shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings
to terminate the employment of any person:
(a) Who is found by the department, based on a
preponderance of the evidence, to have had sexual intercourse
or sexual contact with the inmate; or
(b) Upon a guilty plea or conviction for any crime
specified in chapter 9A.44 RCW when the victim was an inmate.
(3) When the secretary has reasonable cause to believe
that sexual intercourse or sexual contact between the employee
of a contractor and an inmate has occurred, the secretary
shall require the employee of a contractor to be immediately
removed from any employment position which would permit the
employee to have any access to any inmate.
(4) The secretary shall disqualify for employment with a
contractor in any position with access to an inmate, any
person:
(a) Who is found by the department, based on a
preponderance of the evidence, to have had sexual intercourse
or sexual contact with the inmate; or
(b) Upon a guilty plea or conviction for any crime
specified in chapter 9A.44 RCW when the victim was an inmate.
(5) The secretary, when considering the renewal of a
contract with a contractor with whom the secretary has taken
action under subsection (3) or (4) of this section, shall
require the contractor to demonstrate that there has been
significant progress made in reducing the likelihood that any
of its employees will have sexual intercourse or sexual
contact with an inmate. The secretary shall examine whether
the contractor has taken steps to improve hiring, training,
and monitoring practices and whether the employee remains with
the contractor. The secretary shall not renew a contract
unless he or she determines that significant progress has been
made.
(6) For the purposes of RCW 50.20.060, a person
terminated under this section shall be considered discharged
for misconduct.
[Statutory Authority: RCW 72.01.090 and 72.09.225. 07-21-142, § 137-79-040, filed 10/24/07, effective 11/24/07.]