OAR 291-109-0210: Permissible Grievance Issues

(1) An adult in custody may only request review of one issue, action, or incident per grievance. (a) If multiple employees or functional units are involved in a single incident or issue, each should be included in a single grievance and one grievance response will be prepared from the most appropriate individual, at the discretion of the institution grievance coordinator. (b) For the purposes of a specialty committee, only one grievance shall be submitted for the incident or issue. (2) An adult in custody may not file more than one accepted grievance or discrimination complaint regarding a single incident or issue, regardless of incident date, unless substantial new information is available about the incident or issue. (3) An adult in custody may file a single grievance concerning any incident or issue regarding institutional life that directly and personally affects that adult in custody, including but not limited to: (a) Misapplication of departmental policies, rules, or other directives; (b) Unprofessional actions of employees, volunteers, or contractors of the Department of Corrections or Oregon Corrections Enterprises; (c) Inadequate medical or mental health treatment; and (d) Excessive use of force by department employees. (4) An adult in custody cannot file a grievance regarding the following: (a) Any matter that does not directly and personally affect the adult in custody; (b) Any matter in which the adult in custody lacks personal knowledge of the incident or issue; (c) Any matter that is outside of the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision); (d) Any matter that may be reviewed through a separate review process under the department’s rules. Examples include, but are not limited to, the review processes set out in the following department rules: (A) Segregation (Administrative) – (OAR 291-046) (B) Alternative Incarceration Programs – (OAR 291-062) (C) Classification – (OAR 291-104) (D) Cost of Care Reimbursement – (OAR 291-203) (E) Discrimination Complaint Review System – (OAR 291-006) (F) Informed Consent to Treatment with Psychotropic Medication – (OAR 291-064) (G) Mail – (OAR 291-131) (H) Prison Term Modification – (OAR 291-097) (I) Security Threat Management – (OAR 291-069) (J) Trust Accounts – (OAR 291-158) (K) Visiting – (OAR 291-127) (e) Daily fails as defined in the DOC rule on Performance Recognition and Award System - (OAR 291-077-0033); (f) Conduct orders, investigations leading to a conduct order, or conduct order sanction(s); (g) Misconduct reports, investigations leading to or arising from misconduct reports, or disciplinary hearings, findings, and sanctions; (h) Claims the adult in custody has pursued or is pursuing in pending litigation in state or federal courts; (i) The processing of, response to, or late response to grievances, grievance appeals, discrimination complaints, discrimination complaint appeals, or other separate review processes; and (j) Group grievances representing other adults in custody, or acts where an adult in custody is a spokesperson for other adults in custody.