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Tab 17 of the Investigations Procedure Manual

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Notification of Onsite to Recipient

January 20, 1998

Mr. John Q. Director
Director of Corrections
Anystate Department of Corrections
Anystate

(Note: Letter may be addressed to the Mayor, Chief Officer of the Program your agency funds, or other responsible agency official. This decision may be based on the scope of the complaint or issues.)

Re: Complaint Number
Complainant v. Anystate Department of Corrections

Dear Mr. Director:

This letter is in reference to the complaint filed with the Coordination and Review Section, Civil Rights Division, Department of Justice by Mr. John C. Complainant, alleging discrimination on the basis of race by the Anystate Department of Corrections. Specifically, Mr. Complainant alleges that certain white correctional officers at the Unpleasant Facility are using racial slurs and harassing him and other African-American inmates because of their race. The complainant also alleges that he and other inmates are being denied the opportunity to participate in certain programs, services, and activities because of their race. In addition, they allege that African-American inmates at the facility are placed in segregation more often than white inmates who commit the same violations.

As we explained in our initial notification letter to you on December 12, 1997, Federal law prohibits discrimination by recipients of Federal financial assistance, including State departments of corrections. Specifically, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, prohibits discrimination on the basis of race, color, or national origin by recipients of any type of Federal financial assistance. The Anystate Department of Corrections is a recipient of Federal financial assistance from the Department of Justice (DOJ) and is, therefore, subject to the requirements of Title VI. In enforcing the nondiscrimination provisions of these statutes, DOJ may respond to complaints alleging discrimination by conducting an administrative review and, where appropriate, by seeking to resolve any areas of noncompliance through voluntary means.

As Ms. Outstanding, of my staff, discussed with your assistant, Mr. Secondary, in a telephone conversation on January 14, 1998, we have determined that we will conduct an onsite investigation at the Unpleasant Facility during the of week of February 16 to 20, 1998, to interview the complainant and other inmates, prison officials, and staff. We will also conduct a review of inmate records, and other pertinent documents. We request that you notify the appropriate officials at the Unpleasant Facility of our planned visit and our wish to meet with them. In addition, please notify the complainant of our visit and ask him to bring with him to the meeting any documents that he feels may be useful in our investigation. We also would like to interview other African-American inmates at the facility. Please notify them of our visit. In addition, please make available a room at the facility in which we may conduct interviews with inmates and staff with as much privacy as possible. We will be in further contact with you to work out the schedule of our interviews and other details of our visit.

In addition, we also ask that you provide certain information requested in our Data Request that we forwarded to you on December 12, 1997. Mr. Secondary agreed to provide us with this information prior to our onsite visit. Specifically, please provide the ADOC's laws, rules, regulations, directives, policies, and administrative procedures identified in questions 12 and 13. We are particularly interested in reviewing those policies and procedures, and other information, as they relate to the programs, activities, services at the Unpleasant Facility. We also would like to receive a list of all African-American inmates prior to our onsite visit. Please provide the rest of the information requested in our Data Request by March 1, as Mr. Secondary agreed.

We are obligated to inform you that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the nondiscrimination statutes we enforce. Any individual alleging such harassment or intimidation may file a complaint with the Department. We would investigate such a complaint if the situation warrants.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an invasion of privacy.

If you or your staff have any questions concerning this letter, please feel free to contact Ms. Outstanding at (000) 000-0000 (voice and TDD). In all correspondence to us, please refer to the complaint number referenced above. Thank you for your cooperation.

Sincerely,
Merrily A. Friedlander
Chief
Coordination and Review Section
Civil Rights Division


Notification of Onsite to Complainant

January 20, 1998

Mr. John Complainant
#13579
Unpleasant Facility
Anystate Department of Corrections
P.O. Box 12345
Anystate

Re: Complaint Number
Complainant v. Anystate Department of Corrections

Dear Mr. Complainant:

This letter is to notify you that the Coordination and Review Section will be conducting an onsite investigation of your complaint during the week of February 16 to 20, 1998. We will visit the Unpleasant Facility to interview you and other inmates, prison officials, and staff. We will also review inmate records and other pertinent documents. We have asked the Department of Corrections to make a room available in which we may conduct interviews with as much privacy as possible. We ask that you bring with you to the interview any documents that you would like us to review concerning your complaint. In addition, we would like to interview other African-American inmates at the facility. If you are aware of other inmates who you believe would like to speak with us, please let us know.

You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone because he or she has either taken action or participated in an action to secure rights protected by the nondiscrimination statutes we enforce. Any individual alleging such harassment or intimidation may file a complaint with the Department. We would investigate such a complaint if the situation warrants.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an invasion of privacy.

If you have any questions concerning this letter, please feel free to contact Ms. Outstanding at (000) 000-0000 (voice and TDD). In all correspondence to us, please refer to the complaint number referenced above. Thank you for your cooperation.

Sincerely,
Merrily A. Friedlander
Chief
Coordination and Review Section
Civil Rights Division


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Jocelyn Samuels
Acting Assistant Attorney General
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(202) 514-4609
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