STATEOF CALIFORNIA DEPARTMENT OF CORRECT-IONS AND REHABILITATION EDMUND G. BROWN JR., GOVERNOF- CENTRAL FACILITY 231370 Road '22 . 'Chowchi I la, CA .9361 {559) 665-553] NOTICE OF ADVEBSE ACTION israel Trevino, CorrejctiOnal? Of?cer Central California Women?s Facility Correctional Of?cer Trevino: You are hereby noti?ed that pursuant to Government Code, Section 19574, adverse action is being taken against you as follows: I. NATURE OF THE ACTION You are hereby dismissed from your State civil service position as a Correctional Officer with the California Department of Corrections and Rehabilitation (CDCR) California Central Women?s Facility (CCWF), ll. EFFECTIVE. DATE The dismissal shall bereffective at. the close of business (in April 10, 2018. STATEMENTZOF CAUSES This adverse action is being taken against you for the causes set forth in the following subseCtions of Government COde section 19572: ',Di3Courteousftreatm This "adverse: action is also founded ?upon; a; Galifornia Code of section Policy; Notice of Adverse Action Israei Trevino, Correctional Of?cer Page 25120 9.- oceanograe CCR, Title 15, section 32.71, Responsibility of Employees, CCR, Title,1-5, section 32.9.1, Law Enforcement. and Peace Officer Personnel, CCR, Title 15,. section- 3301, Employee Conduct; CCR. Titie15, section 340.0, Familiarity; Title 1-5, section 3401. 5, Employee Sexual Misconduct; CCR, Title 1-5, section. 3401 Staff sexual Harassment; Title 15, section 3413, incompatible Activity; California Department of Corrections and Rehabilitation (CDCR) Operations Ma'nUal. (DOM), section. 31010. 1, Policy; DOM, section 31010 2, Purpose;- DOM, seetion 3.1010. 3, Definitions of Discrimination Bias;- DOM, section 31010.3.1, Definitions of Other Terms, DOM, section 31010 4, Complainant?s Rights; DOM, section 3.10105, Conduct VIolatIons DOM section, 3101.0 0, Sexual Harassment Violations; DOM, section 3101.37,, ResponSibilities; DOM, section 33030.31, Cede cf Conduct; . DOM, section 33030.32, GeneralQualifications; and" . DOM, section 33030.33, Law Enforcement Code of Ethics. IVI STATEMENT OF FACTS On or about September 2,2002, you became, and. at .all times mentioned. herein. have boon, a civil service employee of the State of- California At all times relevant to- this action, you held. and occupied the position of Correctional Officer at. Central California We ongoing traini men 3 Facility (CCWF). During you tenure with? CDCR, you have received ng on various work- ere-_lated topics including, but not limitedto: Prison .R?ape Elimination Act Body, Cell, Area, 3 Grid Search Equal Employment Opportunity! Sexual Harassment (EEOISH) Prevention InmateiStaff Relations . Working EffeCtive with Femaie: Offenders On or about. June 1,2 .2013,- you completed and. signed a Personnel identi?cation Card. form (CDC (Rev. 4530)., upon which the following verbiage appears, in pertinent part: Notice of Adverse Action Israel Trevino, Correctional ?Officer Page 3' of? 29' It' Is your duty to read and abide by .the Director? rules while working at the Department?s facilities On or about December 20, 2004 you acknowledged in writing, receipt of a document addressed to all new employees of CCWF bearing the title ?Employee orientation Material. Your signature appears immediately below the following verbiage: I. hereby acknowledge receipt of an Orientation Packet and will receive one copy .of the Directors Rules and Regulations during in- Service Training Orientation. i understand that it' Is my duty. to familiarize myself with all the information,- rules, and regulations cent-aided therein On or about December 20, 2004, you acknowledged, in writing, receipt of a document bearing the title ?Title 15'. Your signature appears immediately below the following verbiage have been provided a copy of the Director' 5 Rules 8; RegUlations and agree to abide by its provisions. My signature. below indicates receipt and acknowledgment. At all times relevant to the action you had received training on, were familiar With and expected to comply fully with COR, Title section 3.4.01 Staff Sexual Mi3conduct which provides. in pertinent part; For'the purposes of ?this section staff- sexual misconduct means any sexual behavior by a departmental employee volunteer agent or individual working on behalf of the Department of Corrections and Rehabilitation, which involves or is directed toward an inmate or paro?lee.. The legal concept" of"?consenti"does not exist between departmental ?staff and inmate_;slparolees any sexual behavior between them constitutes sexual misconduct and shall subject the employee to disciplinary action andiior to prosecution under the Sexual misconduct includes, bLItis- not limited to?: (3) Engaging in- or contact, including: Notice of. Adverse Action Israel Trevino, I Correctional Of?cer Page4. of 29 Rubbing or touching of the breasts or. sexual organs of another or of oneself, in the.- presenCe of and with Knowledge of another f0r the purpose of sexual arousal, grati?cation, or manipulatibn; or (F) Invasion of privacy, beyond that reasonably necessary to maintain safety and security; or disrespectful Linduly familiar, or sexually threatening comments directed to or within the hearing of, an inmateiparolee (5) Voyeurism by a staff person inciuding volunteers or. independent contractors. voyeurism is defined as an invasion of privacy of an offender by staff for reasons unrelated to official duties. At all times relevant. to this action you had also received training 'on, were familiar with. and expected to comply with COR, Title 1,5 section 3401. 6 Staff Sexual Harassment which provides in pertinent ban. Staff Sexual Harassment. For .the porpose of the Prison Rape Elimination Act policy, staff Sexual harassment means repeated verbal comments or gestures of a sexual nature to an offender by a staff member, vo',lunteer or contractor, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, o-r obscene language or gestures Penalties. All allegations of- staff sexual harassment- shall be subject to review and Investigation and when appropriate, to? disciplinary action andior criminal prosecution. Further at. a'll times relevant to this action you had received. training on, were familiar with and expected to comply fully with CDCR 5 Equal Employment Opportunity (EEO) Policy (revised August _s EEO Policy Is set- forth' In DOM, commencing at section 31010.1 Policy, which provides, in pertinent part: 'The California Department of Corrections and Rehabilitation is committed to providing Equal Employment Opportunity (EEG) and creating a work environment In which all individuals are treated with respect and professionalism. Consistent with this commitment. it' Is the policy of CDCR to provide a workplace free from discrimination, harassment, and retaliation for all applidants, employees, contractors unpaid interns and volunteers. The CDCR EEO policy' Is a zero: tolerance polioy, which applies to all aspects of employment within CDCR including recruitment. hiring. promotion, transfer training, corrective adverse action, and other conditions, and benefits- ?o't employment. Zero tolerance ?means that violations of this 'policy' will Notice of Adverse Action. Israel-Trevino, Correctionai Officer Page15 or .29 not be tolerated. When policy violations are found to have occuned, appropriate corrective-action 'andi?or adverse action, .up to and including dismissal. depending on the severity of the violation. vvill be taken AllIemploeres are prohibited from discriminating against or harassing any0ne 0n the basis of their protected status. The bases for filing a complaint are: - SexiGender (including sexual harassment pregnancy, gender identity, and gender expression) All employees are prohibited from retaliating against any person because the person has? opposed any practices forbidden under'this pelicy or because the person has filed a complaint, testified, or assisted in-any propeeding related to this policy; I All employees are prohi Ibited from aiding or coercing the doing of Iany acts forbidden under this policy. All employees are prohibited from engaging in behavior that rises to the level of discrimination harassment or retaliation In violation of: a Title Vii of the Civil Rights Act of 1964 (including amendments) . California Fair Employment and Housing Act (FEHA): of 1959 (including amendments) 1? California Code OfRegulations (Titles-=2- and 1.5): - Departmental Harassment policies and procedures Other California and'fed'eral EEO laws- This policy applies to conduct that. occurs in any lobaiion operated by CDCR or is considered a workplace by CDCR as well as any location that can reasonably be regarded as an extension of the Workplace such as an off-site business or' social function or other facility where CDCR business' 15 being conducted. .. [Emphasis DOM section 31010.2, Purpose, Provides: The purpose Of this policy is to prevent misconduct define the roles and responsibilities at CDCR management and employees relative to the EEO policy, and to identify the discrimination complaint process Notice of Adverse Action lsraelTrevlnoI Correctional Officer Page .6 of 2-9 DOM section 310103.. De?nitions ofDiscrimination Basis. provides; in-pertinent part: Sex. Sex includes but Is not limited to a person '5 gender Gender ineludes a person? 3 gender identity and gender expression. Gender expression means a person s- gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex- at birth. Gender identity refers to a person identification as male female a gender different from the person? sex- at birth or transgender. Sex also includes but' Is not limited to pregnancy or medical conditions- related to pregnancy; childbirth or medical Conditicins related to childbirth; and. breastfeeding or medical conditions related to breastfeeding. DOM section 31010. 3.1 Definitions of Other Terms sets forth certain definitions underthe. EEO pelicyf In pertinent part:- Complainant Any individual or group of individuals who allege dIscrImInatIon in violation of a State or federal EEO law or regulation or departmental poiicy EEO. The legal right of jail individuals-?to be afforded full-and equal consideration for employment. retention, and; advancementon' the basis ofjmerit. DOlvlsection Complainant's Rights, providesin- pertinent part: Every percon. covered by this policy has the following rights 1. The right to a dIscrImInatIon-free work environment? section 31010.5, Conduct Violations, provides. in pertinentpatt: The type of prohibited discriminatory or harassing behavior IIvhich mayr he found to Constitute a violation of GDCR EEO policy includes but? Is not limited to: a Making employment .decisions on the basis of an individualis characteristics a" Verbal and physicalconductthata reasonable. person would find threatening, intimidating. or humiliating. Notice .ongdverse Aetion Israel Trevino, Correctional Officer Page. 7' of '29 . Discriminating against any employee In violation of this policy so as to create a hostile work environment. DOM section 3101. Responsibilities imposes specific duties and Obligations upon all CDCR employees but particUlarly those who agree to serve in specific capacities: Em ployee?s u- All CDCR employees shall; Adhere EEO-policy and p.rocedures,_ applicable staterand-?federal laws, and the discrimination complaint process". a Not engage- in, condone, -'tolerate.. or leave uncorrected conduct that violates the EEO policy. Report any EEO policy violations toanv-euperviSor or-man'a'ger. Cooperate with-any-investigation conducted by OIA. a Attend mandated .EE?O?lsexual Harassment Prevention training. Failure b'y-an' employee to adhere-to the above. responsibilities may result'in corrective andlor adverseaction, up to and ineluding dismissal from regardless ofzrank, classi?cation. At, all times relevant to this action you vvere assigned to serve as the HCA A4 Escort #3 MH Post order Number. 214004. The Post Order (Revised January 2017) describes your duties and responsibIlItIes.? In pertinent part as follows: These post orders shall be used .a guideline and are subject to change based on operational need. Officers are expected to incorporate discretion and common sense with professional competence so that the intent of these Orders. will be effectively fulfilled. When 'col?lfliCts or questions arise?to which the responses or answer are. not c'lear' immediately? contact the Sergeant or Lieutenant assigned to the area for clari?cation and guidance.- All Peace Officers have the responsibility to take appropnate action during an emergency (including physical restraint) and to work assignments as necessitated. You are required to sign and date the California Department of Corrections and Rehabilitation (ODOR) Form 1860 Post Order Acknowledgement_.._ to verify your understanding of the duties and responsibilities of this post. You shall sign the ODOR Form 1860 when you have been assigned to this post and no later than the end of each month thereafter when the post order has been revised or upon return from an extended absence Notice ofiAdverse Action "Israel Trevino, Correctional. OffiCer Page 8 of '29 GENERAL DUTIES AND RESPONSIBILITIES Report .to your assigned Office (i Facility Sergeants OfficeIWatIch .OffiCe) and sign-in on the Fair Labor Standards Act .roster at the beginning and conclusion of your shift. Receive instructions and information from the HCA Sergeant or' HCA. Lieutenant, YOU will perform all other assigned duties as deemed necessary by. the HCA Sergeant or HCA Lieutenant assigned to yoUr area of responsibility, .Additionjaily you shall requestauthorization to leave your assigned work area from your immediate =s.upervis'or.. SPECIAL INSTRUCTIONS: 1. POLICIES You will have thorough knowledge of Departmental?nstitutional Policiesand Procedures. confidential institutional Department Operations Manual and Procedures can be acce'Ssed in. Suite, the Custody Captain's. Office, and in- Central Control . . . SPECIAL DIRECTIVES: Your- area of responsibility is Building 504 (alternative) inmates participating in the Mental Health Delivery System at the Correctionai Case Management System_ Level of Care (LDC) requiring Short Term Restricted Housing Your primary responsibility as a HCA A4 Escort Of?cer #4 MH :5 to escort inmate- patients. housed In STRH to their medical mental health (to inelude. confidential. structured grouphndIvIdual therapy and educational/recreational activities) and dental appointments. In .-addition,I you willconduct escorts to other locations as deemed necessary. You are under the'direct supervision of the: HCA CH 3' NotiCe ?of Adverse Action Israel Trevino, COrrectiOna'l Officer Page 9er 29 COMPLEX SGT. YOU will pickup your equipment in Building, 504 Control Booth. You wiII?WOrk collaboratively with the- other respective HCAA=4?Escort Officers-to e?scOrtlinmate-patiehts to all pre-scheduled' and add-on appointments. lnmate- patient appointments are schedulned but not limited to Building 504 (in-house) Building 700, Building 703 Building 705 Building 805 When you are not conducting .escortsto medical, mental health and dental appointments or there is signi?cant time before the next escort! you will assist. in the-daily. normal operations of Building 504 as long as itdoes not negatively affect the primary Health Care Access (providing health care to inmate-patients in a?t'imely manner). As. a Correctional Officer, you. overall primary responsibility is maintaining safety and security of institution. staff.- and i'nmatesin accordance with PoliCies a'ndProcedures. You Will'fgollow procedures for inmate- patients. that require "restraints. During escorts of inmate-patients housed in Short Term Restricted Housing and Condemned Row assure the proper use of force options are-drawn and ready to: utilize. . . . Yo'un INAPPROPRIATE INTERACTIONS WITH - . inmate-i Was-within custody and jurisdiction and housed in the I whiCh is located in Housing Unit during t, mont 0 August 2017. or about August 23 2017 inmate as in her cell Room -You went to Inmate -cell to escort her to her Enhanced Outpatient Program (EOP) group therapy. YOU stood outside of Inmate -cell inmate .placed her back to you while she was inside the cell and walked backwards to the toad port of the cell so that you could place Waist restraints upon her As you did so, you used both of your hands to grop'e and fondle her buttocks. Inmate -asl