Your Rights Matter
If your institution is under OCC investigation, you have rights. Whether you’re a detainee, family member, witness, or staff member, understanding your rights helps you navigate the investigation process and ensures you’re treated fairly.
This guide explains what you can expect and what you’re entitled to during an OCC investigation.
For Detainees in the Facility Under Investigation
Your Right to Information
You have the right to:
- Receive written notice that OCC is investigating your facility
- Know generally what OCC is investigating
- Receive information about the investigation in your native language if you don’t speak English
- Ask questions about the investigation process
- Request information about how the investigation might affect you
What this means: The facility cannot keep the investigation secret from you. You’re entitled to know it’s happening.
Your Right to Cooperate with Investigators
You have the right to:
- Speak with OCC investigators if you choose to
- Tell investigators about problems in the facility
- Provide information about your detention conditions
- Provide information about your treatment
- Request a private meeting with investigators
What this means: No one can prevent you from talking to investigators. You don’t need the facility’s permission.
What this doesn’t mean: You’re not required to talk to investigators. You can choose not to speak with them. But you cannot be prevented from speaking if you want to.
Your Protection Against Retaliation
You have the right to:
- Be free from retaliation for cooperating with OCC
- Be free from retaliation for reporting problems
- Be free from retaliation for providing information to investigators
- Report retaliation to OCC if it occurs
What this means: The facility cannot punish you, discipline you, move you to worse conditions, or treat you badly because you cooperated with OCC.
What retaliation looks like:
- Transferring you to a worse unit
- Assigning you to undesirable work
- Reducing your privileges
- Verbal abuse or threats
- Isolation or segregation
- Any negative treatment connected to your cooperation
If you experience retaliation:
- Report it to OCC investigators
- Contact OCC after the investigation concludes
- Keep documentation of what happened
- Report it to your attorney if you have one
- Contact family or advocate if possible
Your Right to Request Consideration
You have the right to:
- Request that OCC investigate your individual case
- Provide documentation of problems affecting you
- Request an interview with OCC investigators
- Ask questions about how your information will be used
What this means: If you’re unlawfully confined, treated improperly, or facing rights violations, OCC wants to know. You can bring your case to OCC’s attention.
Your Right to Information About Results
You have the right to:
- Receive information about OCC’s investigation results
- Learn what violations were found
- Understand what the facility must do to correct problems
- Know what timeline the facility has for corrections
What this means: You’re entitled to know what OCC found and what will change.
For Family Members and Visitors
Your Right to Information
You have the right to:
- Know that OCC is investigating the facility
- Request information about the investigation
- Ask questions about what OCC is looking for
- Request information in your language
What this means: OCC recognizes that family members care about conditions in the facility. You can ask questions.
Your Right to Provide Information
You have the right to:
- Contact OCC with concerns about your family member’s treatment
- Provide information about conditions in the facility
- Request investigation of specific problems
- Meet with OCC investigators if they request
What this means: If you’re concerned about a loved one in the facility, you can tell OCC.
Your Right Against Retaliation
You have the right to:
- Not have your family member’s treatment worsened because you contacted OCC
- Not be prevented from visiting because you contacted OCC
- Not be treated rudely or punitively by facility staff because you complained
Report retaliation to:
- OCC directly
- Your family member’s attorney
- Advocates or civil rights organizations
For Witnesses and Staff Members
Your Right to Cooperate
You have the right to:
- Speak with OCC investigators
- Tell investigators what you know about facility conditions
- Report problems or violations
- Request a private interview
- Have a union representative or attorney present if you choose
What this means: You can’t be prevented from talking to investigators.
Your Protection Against Retaliation
You have the right to:
- Be protected from retaliation for cooperating
- Be protected from retaliation for reporting problems
- Report retaliation to OCC
- Report retaliation to labor authorities if applicable
What retaliation looks like:
- Termination or threatening termination
- Demotion or negative performance evaluation
- Assignment to undesirable duties
- Verbal abuse or threats
- Exclusion from meetings or information
- Any adverse employment action
If you experience retaliation:
- Document what happened
- Report to OCC
- Report to labor authorities
- Consult with an attorney
- Contact your union if applicable
Your Right to Representation
You have the right to:
- Have an attorney present during interviews
- Have a union representative present
- Consult with an attorney before interviews
- Request clarification about your rights
What this means: You’re not required to answer questions alone if you don’t want to.
Your Right to Privacy
You have the right to:
- A private interview if you request one
- Confidentiality of your statements to OCC
- Protection of your identity if you request it
What this means: OCC won’t tell your employer or supervisors what you said unless there’s a specific legal requirement to do so.
For Everyone: General Rights
Your Right to Clear Communication
You have the right to:
- Receive information in a language you understand
- Have questions answered clearly
- Understand what OCC is investigating
- Know your rights
- Know what to expect
What this means: OCC communicates clearly and in accessible ways.
Your Right to Fair Treatment
You have the right to:
- Be treated with respect
- Be heard fully
- Have your information taken seriously
- Not be intimidated or coerced
- Humane and professional treatment
Your Right to Privacy
You have the right to:
- Privacy in your conversations with OCC
- Confidentiality of your personal information
- Information about how OCC will use what you tell them
- Protection of sensitive information
Your Right to Appeal or Challenge
You have the right to:
- Request clarification about OCC findings
- Appeal OCC findings through proper procedures
- Consult with an attorney about findings
- Challenge OCC authority through the court system
What this means: OCC’s findings aren’t final if you believe they’re wrong. Legal remedies exist.
What to Expect During an Investigation
Initial Notification
The facility will notify you that OCC is investigating. You’ll receive:
- Written notice of the investigation
- Information about what OCC is investigating
- Information about how the investigation will affect you
- Contact information for OCC if you have concerns
- Information about your rights
Investigation Activities
During the investigation, you might:
- See investigators in the facility
- Be asked to participate in interviews
- See investigators reviewing documents
- See investigators visiting different areas
- Notice investigators speaking with staff
None of this is cause for concern. Investigations are normal, professional processes.
Interviews
If you’re interviewed:
- You’ll receive advance notice (usually)
- You’ll be told roughly when the interview will occur
- You can request a private location
- The interview will be conducted professionally
- You can ask questions
- You can request breaks
- You can have representation if you wish
Interview tips:
- Be honest
- Don’t guess if you don’t know
- Say if you don’t understand a question
- Take your time answering
- Ask for clarification if needed
- You can decline to answer if you have legal counsel
After the Interview
After interviews:
- OCC will process what they learned
- Investigators will review documents
- Findings will be developed
- Results will be reported
Common Questions Answered
”Can I be punished for talking to OCC?”
No. Retaliation is illegal. If you experience retaliation, report it.
”Will OCC keep what I say confidential?”
OCC will keep your information confidential to the extent possible. If information relates to abuse, OCC is required to report it to law enforcement. Otherwise, information is treated as confidential.
”What happens if I report something and OCC doesn’t find a violation?”
OCC will make its own findings based on evidence. Even if a violation isn’t found, you were right to report concerns. Reporting is always appropriate.
”Can I contact OCC after the investigation?”
Yes. OCC continues to accept reports and concerns after an investigation concludes. You can contact OCC anytime.
”What if I’m afraid to report something?”
Contact OCC confidentially. You can report concerns anonymously. You can ask that your identity be protected. OCC accommodates confidentiality requests.
”What if the facility retaliates against me?”
Report it immediately to OCC. OCC takes retaliation seriously and will investigate.
How to Contact OCC
To report problems or request information:
- Write to OCC with your concerns
- Call OCC’s main number
- Email OCC if email is available
- Contact OCC in person if possible
- Ask for information in your language
Information to have when contacting OCC:
- Your name (or request confidentiality)
- The facility name
- The location
- What the problem is
- When it occurred
- Who witnessed it if anyone
- How you were affected
Your Role in Oversight
Remember: OCC exists because oversight matters. Your willingness to report problems and cooperate with investigations is crucial.
When you:
- Report problems to OCC
- Cooperate with investigations
- Provide honest information
- Advocate for yourself and others
- Hold institutions accountable
…you’re contributing to a system that protects people and improves institutions.
Your rights matter. Understand them. Exercise them. Protect them.
If you’re in a facility under OCC investigation, you have rights. You’re entitled to fair treatment, protection from retaliation, and consideration of your concerns.
Use those rights. They exist to protect you.
Resources
For more information about your rights or to contact OCC:
- Visit the OCC website
- Call OCC’s main number
- Write OCC in care of the main office
- Contact local legal aid for advice
- Contact civil rights organizations
Your voice matters. Make it heard.