5073020 Aging, Office on - Notice of Proposed Rulemaking - amend Title 29, new Ch. 110; to Adopt Customer Code of Conduct for Participation in Programs, Services, and Facilities Funded by the District of Columbia Office on Aging

OFFICE ON AGING

NOTICE OF PROPOSED RULEMAKING

The Executive Director of the Office on Aging (Director), pursuant to Section 303(8) of the District of Columbia Act on the Aging, effective October 29, 1975 (D.C. Law 1-24; D.C. Official Code § 7-503.03(8) (2012 Repl.)), has been delegated the authority and responsibility to assure necessary control on programs funded through the Office.  To carry out this responsibility the Director proposes to establish a policy to govern conduct of customers, guests, and other permitted users.  The establishment of such a policy constitutes the making of a “rule” as defined in Section 3(6)(A) of the District of Columbia Administrative Procedures Act (DCAPA), approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-502(6)(A) (2012 Repl.)) and such rulemaking requires public notice and comment as required by Section 6(a) of the DCAPA. Therefore, the Director hereby gives notice of his intent to adopt the following new Chapter 110 (Customer Code of Conduct for Participation in Programs, Services, and Facilities Funded by the District of Columbia Office on Aging) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

The purpose of this proposed rulemaking is to set forth a Code of Conduct is to ensure that all programs and services operated pursuant to funding through the District of Columbia Office on Aging (“DCOA”) are provided in a safe, healthy, inclusive, friendly, respectful, and productive environment for seniors and persons living with disabilities who participate in these activities.  The proposed rules will also establish that a violation of this “Customer Code of Conduct for Participation in Programs, Services, and Facilities Funded by the District of Columbia Office on Aging” may result in disciplinary action up to, and including, permanent expulsion from DCOA programs, services, and facilities.

A new Chapter 110 (Customer Code of Conduct for Participation in Programs, Services, and Facilities Funded by the District of Columbia Office on Aging) of Title 29 (Public Welfare) of the DCMR is added to read as follows:

CHAPTER 110         CUSTOMER CODE OF CONDUCT FOR PARTICIPATION IN PROGRAMS, SERVICES, AND FACILITIES FUNDED BY THE DISTRICT OF COLUMBIA OFFICE ON AGING

11000              SCOPE

11000.1           These rules apply to:

(a)        All organizations and partners that receive funding from the District of Columbia Office on Aging (DCOA) in order to deliver programs and services.

(b)        All DCOA facilities and senior services network locations.

(c)        All DCOA customers, guests, and other permitted users.

11001              GENERAL CONDUCT

11001.1           Acceptable hygiene and personal cleanliness are required from all customers, guests, and other permitted users at all times. Customers, guests, and other permitted guests must be fully clothed, including shoes.

11001.2           All customers, guests, and other permitted users of DCOA facilities, including fitness centers and meal services, are expected to strictly adhere to the center’s safety policies and procedures.

11001.3           All customers, guests, and other permitted users who visit or use DCOA programs and services are entitled to be treated with dignity and respect. Please be respectful and comply with all federal and District of Columbia laws and DCOA policies and regulations.

 

11001.4           DCOA and its designees are responsible for the daily operation of DCOA facilities, programs, and services, and for ensuring that these activities are conducted in a safe and appropriate manner. It is expected that DCOA customers and guests will respect these responsible individuals and cooperate with them to carry out their responsibilities efficiently.

 

11001.4           Disrespectful, rude, or abusive behavior will not be tolerated.  Examples of such behavior includes, but is not limited to, use of profanity, threats, harassment, bullying, intimidating or disruptive behavior, or violence toward others.

 

11001.5           Fighting or any attempt to inflict bodily harm to any individual is prohibited and will be reported to appropriate law enforcement agencies.

 

11001.6           In accordance with the federal and District of Columbia laws, discrimination or harassment is prohibited on the basis of race, color, national origin, ethnicity, religion, gender, sexual orientation, age, disability or handicapped status, or any other status that is prohibited under applicable federal and District of Columbia requirements.

11002              MAINTAINING A SAFE, CLEAN, AND PRODUCTIVE ENVIRONMENT

11002.1           DCOA strives to maintain a safe, clean, and healthy environment for DCOA’s customers, employees, volunteers, grantees and contractors. Everyone is responsible for ensuring that DCOA’s facilities, programs, and services are properly maintained for the use and enjoyment of all participants.

 

11002.2           The possession, use, distribution, and/or sale of alcohol or illegal drugs is prohibited at DCOA facilities, programs, and services.

 

11002.3           Smoking in DCOA facilities is prohibited.

 

11002.4           Any person smoking must be located at least 25 feet away from DCOA premises in a designated area.

 

11002.5           The possession, use, distribution, and/or sale of controlled substances at DCOA facilities, programs, and services is strictly prohibited, with the exception of controlled substances that are used by a person pursuant to a prescription issued to that person by a health care provider for medical reasons, and the person is able to participate in DCOA programs and services in accordance with the terms of the Code of Conduct.  

 

11002.6           Gambling is not permitted in DCOA facilities, programs, and services.

 

11002.7           Weapons including, but not limited to, firearms, pellet guns, stun guns, tasers, knives, and clubs, are not permitted in DCOA facilities, programs, and services.

 

11002.8           Pets are not permitted on the premises of DCOA facilities, except for service animals that provide assistance to DCOA customers and are authorized by DCOA or its designee.  Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work, or the individual’s disability prevents the use of such devices, in accordance with the provisions of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.

 

11002.9           Monetary collections, solicitations, and other commercial activities are not permitted on the premises of DCOA facilities unless specifically authorized by DCOA or its authorized designee.

 

11002.10         DCOA facilities, equipment, services, and programs must be used in accordance with established safety policies and procedures. Improper use of DCOA facilities, equipment, or materials, in a manner that is likely to cause personal injury to themselves or others is prohibited, and the intentional and/or negligent damage or misuse of DCOA facilities, equipment, or property is strictly prohibited.

 

11002.11         The use of DCOA computers and equipment to view and/or download pornographic materials is prohibited.

 

11002.12         No person may deface, destroy, injure, misuse, or remove any DCOA property.

 

11002.13         Littering, theft, and vandalism are not permitted on DCOA facilities.

                       

11002.14         Urinating or defecating on DCOA property other than in places officially posted is prohibited.

 

11002.15         No person shall engage in lewd or indecent acts, sexual harassment, sexual intercourse, or other sexual acts at DCOA facilities, programs, and services.

 

11002.16         Violations of federal or District of Columbia laws are prohibited. Criminal activity will be reported to law enforcement authorities for prosecution.

 

11002.17         In order to promote the health and safety of DCOA staff, customers, guests, and other permitted users, and to prevent the unauthorized removal of DCOA property and equipment, DCOA reserves the right to inspect property brought to DCOA facilities, including purses, backpacks, bags, parcels, shopping bags, briefcases, and other items.

 

11002.18         Meals served at DCOA congregate meal sites are intended for consumption on the premises, and no food products served shall be removed or otherwise taken away from the premises by customers, guests, and other permitted users, with the exception of beverages and desert.

 

11003              ENFORCEMENT

11003.1           DCOA, its designees, Metropolitan Police Department, Security Guards, or Special Police officers, may intervene to stop prohibited behavior under these rules or under the laws of the District of Columbia.

11003.2           In addition to arrest and/or prosecution and fines, failure to follow these rules may result in penalties or being barred from DCOA programs and services.

11003.3           Customers, guests or other permitted users who witness or are victims of prohibited behavior under this Code of Conduct shall report the violation either verbally or in writing to the Program Director.  Customers or guests who engage in actions that are prohibited under this Code of Conduct are subject to the penalties provided in the Table of Penalties set forth below. The Program Director will prepare an incident report to be submitted to DCOA, and will investigate and confer with DCOA to determine appropriate actions that are necessary to address alleged violations of this Code of Conduct. If barring is appropriate, DCOA will issue a barring notice to the customer or guest.  The customer or guest will be barred from DCOA programs and services for the length of time indicated in the barring notice. 

11003.4           The behaviors identified in the “DCOA Prohibited Conduct and Table of Penalties,” as set forth below, are prohibited in all DCOA facilities, programs and services and DCOA shall implement the corresponding penalties that are provided.

                                   

 

 

 

DCOA PROHIBITED CONDUCT AND TABLE OF PENALTIES

VIOLATION	PENALTY FOR 1ST OFFENSE	PENALTY FOR 2ND OFFENSE
1.      Disruptive Behavior	written warning	up to 60-day bar
a.       use of profanity or spitting	written warning	up to 60-day bar
b.       arguing	written warning	up to 60-day bar
c.       bullying or taunting	written warning and mandatory mediation	up to one-year bar
d.      threatening language	up to 60-day bar	up to one-year bar
e.       intimidation	up to 60-day bar	up to one-year bar
f.        physical fighting	up to 6-month bar	up to one-year bar
g.       emanating odor	counseling or verbal warning and immediate one-day bar if not corrected	up to 60-day bar
h.       bare feet or bare chest	counseling or verbal warning and immediate one-day bar if not corrected	up to 60-day bar
i.        sexual misconduct	up to 60-day bar	up to one-year bar
j.        under the influence of alcohol and/or drugs	up to 60-day bar	up to one-year bar
2.      Unauthorized Entrance or Presence	up to 60-day bar	up to one-year bar
3.      Allowing Unauthorized Pets into Facilities	written warning	up to 60-day bar
4.      Possession of Weapons	up to one-year bar	permanent bar
5.      Gambling	written warning	up to one-year bar
6.      Possession and/or Use of Alcohol or Drugs	up to one-year bar	up to three-year bar
7.      Improper Distribution or Sale of Controlled Substances	up to one-year bar	up to three-year bar
8.      Smoking in DCOA Facilities	up to 30-day bar	up to one-year bar
9.      Conviction of a Crime at DCOA Facility	up to three-year bar	permanent bar
10.  Damage or Vandalism to DCOA Facility or Equipment	up to one-year bar	up to three-year bar
11.  Creating a Dangerous Situation to Self or Others	up to 6 month bar	up to one year bar
12.  Discrimination or Harassment on basis of race, color, national origin, ethnicity, religion, gender, sexual orientation, age, disability or handicapped status, or any other status that is prohibited under applicable Federal and District of Columbia Requirements	up to one year bar	permanent bar
13.  Violations of Other Federal or District of Columbia laws	up to one year bar	permanent bar
14.  Collection of Money, Solicitation, or Unauthorized Commercial Activity	up to one year bar	permanent bar

 

11003.5           Customers, guests, or other permitted users of DCOA programs, services, and facilities are required to sign the “Customer Code of Conduct for Participation in Programs, Services, and Facilities Funded by District of Columbia Office on Aging Receipt and Acknowledgement Form,” as set forth below, to acknowledge receipt of the “Customer Code of Conduct for Participation in Programs, Services, and Facilities Funded by District of Columbia Office on Aging,” and to establish the willingness of DCOA customers, guests or other permitted users to comply with these requirements.

DCOA CODE OF CONDUCT RECEIPT AND ACKNOWLEDGMENT FORM

 

 

I, ________________________, acknowledge that I have received a copy of DCOA’s “Customer Code of Conduct for Participation in Programs, Services and Facilities Funded by District of Columbia Office on Aging.”  I understand that it is my responsibility to read and comply with policies contained in this document, as well as any revisions made to it. I also understand that if I need additional information, or if there is anything that I do not understand in the “Customer Code of Conduct for Participation in Programs, Services, and Facilities Funded by District of Columbia Office on Aging,” I should contact DCOA.

 

Signature ______________________________________    Date ________________

 

11004 ADMINISTRATIVE REVIEW OF NOTICES OF BARRING

110005.1         A customer, guest, or other permitted user who receives a notice of barring, may submit a “Request for Reconsideration” to the Executive Director of DCOA.  The request shall be submitted in writing no later than 7 business days after the notice is issued to the individual who is barred.  DCOA will convene a three-member panel to review the request and issue a decision in writing no later than 10 business days following the request. 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Comments should be filed with Deborah M. Royster, Esq., General Counsel., District of Columbia Office on Aging, 500 K Street, N.E., Washington, D.C. 20002 or at [e-mail]. Questions may be directed to [phone]. Copies of these proposed rules may be obtained at the same address.