Wadoc Report Staff Sexual Misconduct Young Pt4 2005
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STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS WASHINGTON CORRECTIONS CENTER FOR WOMEN MS; WP-04 ·9601 Bulecrch Rd. N.W .• Gig Harbor, Washington 98332-8300 WARNING THIS FILE IS THE PROPERTY OF THE WASHINGTON CORRECTIONS CENTER FOR WOMEN INTELEGENCE & INVESTIGATIONS UNIT (IIU) Content may be disclosed only to person whose official duties require access. Contents may not be disclosed to the party(s) concerned nor to counsel, without specific authorization of the superintendent. CASE TOPIC: Grievance #0506506 CASE #: WCCW 03·032·05 DATE OPENED: 04·07·05 DATE CLOSED: 04-20-05 sign and date at time of review or receipt IN OFFICE REVIEW CASE OUT REVIEW COPY AUTHORIZATION "Working Together for SAFE Communities" 938 STATE OF WASHII\JGTOh! DEPARTMENT OF CORRECTIONS OFFICE OF CORRECTIONAL OPERATIONS WASHINGTON CORRECTIONS CENTER FOR WOMEN 1::1,0 Box 17, MS WP-04' 8601 Buiacrch Rd h!.W . Gig Harbor, WI>. 88335-0017 April 20, 2005 Devon Schrum TO: Grievance cooZ' g '!1-,,-J7f;r--~ FROM: Henry Keller Correctional SUBJECT: CASE # WCCW 03-032-05 CONTENTS 1. Synopsis • Interview with Offende • Interview with Offende • Interview with Adult Correctional Cook Larry Young • Interview with Adult Correctional Cook Alena Folsom • Conclusion 2. Attachments • liiillirconduct Grievance form initiated by Offender • Signed Grievance Notification form. "VVorking Toqetiier for SAFE Communities" ~-- 939 STATE OF WASHlhJGTOI\J DEPARTMENT OF CORRECTIONS OFFICE OF CORRECTIONAL OPEFIATIOI'JS WASHINGTOl' CORRECTIONS CEI'JTER FOR WOMEN P.O 80Y.17 Iv1S WP-04 . 9601 BUJCiCICh Rd "J,W . Gig Hamor, WP. 9833~-0017 April 20, 2005 TO: Devon Schrum Grievance Coordin tor FROM: Henry Keller Correctional SUBJECT: CASE # WCCW 03-032-05 I Grievance #0506506 SYnopsis: On March 21, 2005 the Grievance Office requested that the Intelligence and Investigation Unit (1&1) conduct a formal investigation into the allegations made~ ~Adult Correctional Cook ( AlC ) brought about by Offender_ _ _ _ _ _ Offender_eges that AlC Young ~tatement, "I'm not a racist, in fact I think Hitler was great man." Offender_ contends that A/C Young is aware of the fact that she is Jewish and made this statement maliciously. Interview: Offende On A ril 4, 2005 at approximately 1245 hours an interview was conducted with Offender I asked Offender~o recall the events that occurred in the Main Institution (MI) Kitchen on March 16,2005. Offender. . . . stated that A/C Young approached her and said, "So you think I'm racist hu~r _ _onfirmed. AlC Young then allegedly replied, "I'm not racist, in fact I think Hitler was a great man." Offender hom was standing next to Offende~alleged y said. "You know s e 1S ewish don't you?" A/C Young replied "Yea, so." Offender_mid at that point she went to speak to A/C Young's supervisor Bennie Moss, ~ager I (FMI). Offende_stated that A/C Young told her to get back to work, Offende fused stating she was waiting to talk to Bennie. AlC Y ou~y gave Offender _ w o more directives to go back to work. Offende~stated that she refused because she wanted to talk to Larry's supervisor. AlC Young then allegedly told Correctional Officer Elliott, "cuff her up, "Working Tog'ether far SAFE Communities" 940 2 send her to seg, send her home J don't care." Offend~as then given a pass by CIO Elliott to return to her unit. On March J7,2005 Offender _returned to work in the MI kitchen to find that she had been terminated due to behavioral issues. She was also made aware that she received a 509 WAC violation for her failure to return to work the day prior. END OF REPORT In terview: Offender roximatel 1200 hours an interview was conducted with Offender_stated that she never heard AIC Offender Young make the alleged statement. She said, "as loud as Larry talks you think 1 would have heard it." Offender_ stated, "an I know is what she told me, and she said that Larry said Hitler was a great man." I asked Offender-"'hen O f f e n d e r _ told her about NC Young making the statement. Sh~ "About a week~ got fired." I asked if she could recall the date her employment was ·terminated. She responded, March 17th Offender _stated that she heard NC Young joking around one time and said "Hitler rocks", but it wasn't directed at anyone and it was a long time before we got fired. END OF REPORT. Interview: Adult Correctional Cook Larrv Young On April 06, 2005 at approximately 1230 hours an interview was conducted with Larry Young, Adult Correctional Cook (A/C). AlC Young stated that he never made that remark to Offender and he didn't even know she was Jewish. AIC Young claims that Offender tends Catholic service and has never requested a kosher diet. AlC Young state at e used to have behavioral problems from Offender _ a n d Offender _ AlC Young feels that this grievance is a retaliatory act due to the 509 WAC violation that he wrote on her that led to her termination, AIC Young stated that he may have made a comment about Hitler some time in the past but it was in joking manner and certainly not directed at anyone. END OF REPORT. Interview: Adult Correctional Cook Alena Folsom On April l S, 2005 at approximately 1300 hours an interview was conducted with Alena Folsom, Adult Correctional Cook (A/C). NC Folsom stated she was not there the day in question, but she can attest to the behavioral problems that used to be caused by Offenders_ and_ NC Folsom stated that they were a constant problem in the kitchen. AIC Folsom stated that on March 18,2005, the day after Offender _ l a d been terminated, she came through mainline while AIC Folsom was serving meals. NC Folsom claims that Offender_told her, "I'm gonna get Larry, 1 got him now." ~. 941 3 AIC Folsom inquired what she was talking about. Offende~allegedly stated, "Larry said Hitler was~ and he knows that l'm Jewish." AIC Folsom was also unaware that Offende~as Jewish due to the fact that she has attended Catholic services and has never requested a kosher diet. AIC Folsom reported what she had heard to AIC Young. AIC Folsom stated that Offende~s a very vindictive person and she feels this is an act against AIC Young due to his involvement in her termination and writing her a major infraction. END OF REPORT. Conclusion: Unable to conduct investigative interview with Offende due to court outing. Offend~related to Offender "that AlC Young made the statement approximately one week prior to the offenders being terminated. The original grievance stated that AlC Young made the statement on April 16, 2005, which would have only been one day prior to the offenders being terminated. Offende~ did receive a 509 major infraction from AIC Larry Young that was incidental in her employment termination. By her own admission she was angry about the infraction and losing her job. AIC Folsom stated that Offende'-"as speaking in a gloating, boastful manner when expressing that she was going to get Larry. AIC Young may have made a comment about Hitler but it does not appear at this time that it was directed at anyone particular individual nor does it appear that it was delivered with malicious intent. 942 View An Photos Page 1 of] DOC Number:_ Name: Pl ease click on the picture to enlarge it. PHOTO DATE OF PHOTO SOURCE OF PHOTO 817/20034,04,38 I'M TAS Close • Developed and Maintained by DOC's IT Web Application Unit. 943 NOTIFICATION OF STAFF CONDUCT / REPRISAL GRIEV ANCE (Notification to Involved Staff) STATE OF WASHINGTON OEPARTMENT OF CORRECTiONS SECTION I - TO ,ASSI:GNEIDINV,ESmIGAWC)'R I DURING THE INTERVI W WITH THE STAFF MEMBER, inform the staff member that he/she has the right to be notitied 01 the tina' determination 01 the grievance at Level II and (if appealed) at Level III by completing Section II below, Upon completion 01 Section II, the investigator shall return this torm to the grievance coordinator, 'SECcl'I0N ,II -'NOTIFICATION0FFINALDETERMINA];ION~ o I dO..Jd1do not wish to be notified of the final determination in this grievance r>. I I SECTION III - LEVE( II:!1::eVELJILDE'FERMINATION.; The investigation into the allegations 01 this grievance has been completed, The tindings are: LEVEL II LElliEL,IIL . I' RESPONSE RESPONSE. (Check one) ,ICheck"n~F '.; . ..........f'."X',;~~iij,~;;!;,;:;;,.: ,',ii,.,: ..,,;..),:., · . No evidence of misconduct/reprisal was found, Evidence of procedural error was found but not misconduct/reprisaL Corrective action will be/has been taken outside of the orievance orocedure Employee misconduct/reprisal was established, Corrective action will be/has been taken outside ot the qrievance procedure, SIGNATURES: AT LEVEL II-Grievance Coordinator AT LEVEL III-Grievance Coordinator GRIEVANCE COORDINATOR SIGNATURE GRIEVANCE COORDINATOR SIGN1>.TURE OATE DATE Distribution. Top Copy-Slall Member. Second Copy-StaH Member, Thlrd ccpv-anevanceCcorctnator 1. STAFF fViEMSER nnr ?11-:1fl" fRR"', 9199) DOC550,10Q 944