28 CFR § 115.122 - Policies to ensure referrals of allegations for investigations.

---
identifier: "/us/cfr/t28/s115.122"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 115.122 - Policies to ensure referrals of allegations for investigations."
title_number: 28
title_name: "Judicial Administration"
section_number: "115.122"
section_name: "Policies to ensure referrals of allegations for investigations."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "115"
part_name: "PRISON RAPE ELIMINATION ACT NATIONAL STANDARDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 15601-15609."
regulatory_source: "AG Order No. 3331-2012, 77 FR 37197, June 20, 2012, unless otherwise noted."
cfr_part: "115"
---


# 115.122 Policies to ensure referrals of allegations for investigations.

(a) The agency shall ensure that an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment.

(b) If another law enforcement agency is responsible for conducting investigations of allegations of sexual abuse or sexual harassment in its lockups, the agency shall have in place a policy to ensure that such allegations are referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The agency shall publish such policy, including a description of responsibilities of both the agency and the investigating entity, on its Web site, or, if it does not have one, make available the policy through other means. The agency shall document all such referrals.

(c) Any State entity responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in lockups shall have in place a policy governing the conduct of such investigations.

(d) Any Department of Justice component responsible for conducting administrative or criminal investigations of sexual abuse or sexual harassment in lockups shall have in place a policy governing the conduct of such investigations.