BOP Response to Administrative Remedy BP-229 (#2)

 The response that we received to Tom's BP-229 Administrative Remedy Request (go here to read that request) was this:

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REJECTION NOTICE - ADMINISTRATIVE REMEDY

DECEMBER 22, 2011

Illegible signature

FROM:  ADMINISTRATIVE REMEDY COORDINATOR, SOUTH CENTRAL REGIONAL OFFICE

TO:  -----------------------------------, TX

FOR THE REASONS LISTED BELOW, THIS REGIONAL APPEAL IS BEING REJECTED AND RETURNED TO YOU.  YOU SHOULD INCLUDE A COPY OF THIS NOTICE WITH ANY FUTURE CORRESPONDENCE REGARDING THE REJECTION.

REMEDY ID        : ------------  REGIONAL APPEAL

DATE RECEIVED    : DECEMBER 13, 2021

SUBJECT 1        :  OTHER COMMUNITY PROGRAMS

REJECT REASON 1:  YOU DID NOT SUBMIT YOUR REQUESET OR APPEAL ON THE PROPER FORM (BP-10)

REJECT REASON 2:  YOU MAY RESUBMIT YOUR APPEAL IN PROPER FORM WITHIN 15 DAYS OF THE DATE OF THIS REJECTION NOTICE.

REJECT REASON 3:  SEE REMARKS.

REMARKS:  USE THE ATTACHED YELLOW BP-10 AND RESUBMIT.

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So there are a few important things to note about this rejection. First of all, from what I understand, a "rejection" is not an answer. It's not a "denial" or any kind of approval. It simply is a "start over".

Secondly, note what the Administrative Remedy policy (link is in post from March 16th which is linked above) states on page 8, "When deciding whether to reject a submission, Coordinators, especially at the institution level, should be flexible, keeping in mind that major purposes of this Program are to solve problems and be responsive to issues inmates raise.” Is it considered "flexible" to reject a submission because it's on the "wrong form", especially when the use of the form is explained in the cover letter? 

Thirdly, note the dates.  The rejection notice states that we have 15 days to resubmit on the form they chose. However, the rejection letter was dated December 22, postmarked the 28th, and handed to Tom by the halfway house staff on the evening of January 7th.  That’s 17 days after the date of their rejection notice, which left no time for Tom to respond within their time limit.