Police Operations

Reynoso

UC Davis Police Recommendation No. B-1:

The Task Force recommends the Chancellor employ outside assistance to review UC Davis police department protocols and procedures. Once the review is completed, specialized training should occur with all members of the PD to assure compliance with modern and contemporary practices for a campus-based police department. This review should include:

  • Recommendations related to all manner of PD operations including appropriate levels of oversight and review;
  • Recommendations related to an evaluation of how the police requirements for our campus can be fulfilled including an analysis of the number of officers needed and the ratio of sworn officers (authorized to carry weapons) to other personnel;
  • Determination of the appropriate command structure, how incident command is managed, coordination related to mutual aid, and procedures and protocol for use of all manner of force consistent with our campus culture. The protocol for use of force should include provisions for conditions for which riot gear is used;
  • A review of the job description of the Chief of Police to ensure that the scope of practice as defined reflects the current campus needs and that the qualifications and experience reflect campus acuity. In addition, there should be a review of staffing and skill mix, benchmarking with other UC campuses and national university benchmarks if available. Any officer recruitment should consider the skills necessary to fit with the campus culture;
  • Recommendations for annual competency trainings and annual performance valuations.
UC Davis Action

B-1: The Commission on Police Officer Standards and Training (POST) conducted an audit of all police department background files (June 8 – 12, 2012.) An outside expert was also secured to assist with the review of all policy and protocols. This included the implementation of formalized policy revision utilizing LEXIPOL. Community input has also been sought when reviewing draft policy. POST background and training audits are now complete and corrections have been made and approved.

UC Davis Police Recommendation No. B-2:

The Task Force recommends the Chief of Police evaluate the appropriate role of student involvement in police functions such as increasing the size and utilization of the Aggie Hosts. The focus should be on fostering a deeper sense of community.

UC Davis Proposed Action

B-2: Our nationally recognized Volunteers in Police Service program (VIPS) launched a new volunteer cadet program in January 2013 to help prepare UC Davis students interested in a career in law enforcement.

Three students receive sponsorships to a local police academy upon graduation. One cadet is hired as a cadet during the academy then upon successful completion of the academy will be reclassified to a UC Davis Police Officer.

More than twenty student positions were created by eliminating two officer positions to fund the new student-run facility security program through the Aggie Host unit. These students work on campus seven nights a week ensuring sensitive facilities are locked and secure. This program has been operating since June 2012 and has proven to be most effective.

UC Davis Police Recommendation No. B-3:

The Task Force recommends the UC Davis police department should strive to be a model of policing for a university campus and ensure best practices are followed.

UC Davis Action

B-3: Numerous improvements in policy and procedure have occurred. This is evidenced by several changes made in current community policing philosophy. Such items as having a truly community-based hiring process, citizens’ academy, Police Chief/Staff formal monthly meetings, student cadet program, outreach officers, improved bicycle patrol, draft department-wide policy which seeks input from the community and so on.

System-wide Recommendation No. C-1

The Task Force recommends the University of California study, evaluate, and adopt policies involving the training, organization, and operation of UC Police Departments to ensure that they reflect the distinct needs of a university community and utilize best practices and policing adapted to the characteristics of university communities.

UC Davis Proposed Action

C-1: System-wide changes are pending UC Office of the President review.

System-wide Recommendation No. C-2

The Task Force recommends the University of California adopt a system-wide policy for inter-agency support that requires responding agencies to respect the local campus’ rules and procedures, including specifically those for the use of force.

UC Davis Action

C-2: System-wide changes are pending UC Office of the President review.

System-wide Recommendation No. C-3

The Task Force recommends The Office of the President should review provisions of the Police Officers’ Bill of Rights that appear to limit independent public review of police conduct and make appropriate recommendations to the Legislature. The Task Force did not have access to the subject officers. This limitation does not serve the police or the public. When information necessary to understand and evaluate police conduct is unavailable to the public, the public has less confidence in the police, and the police cannot perform their duty without public confidence.

UC Davis Action

C-3: System-wide changes are pending UC Office of the President review.

Kroll

8.2 System-wide Policing at the University of California

Kroll recommends that changes in policing at the University of California be instituted systemwide, and not merely on the UC Davis campus.

Kroll recommends that the University of California immediately begin the transition from ten separate university police departments operating pursuant to their various administrative leaders to a unified, standardized police force that is uniformly deployed at different locations around the state. A similar such institution is the California Department of Corrections, a statewide sworn law enforcement agency that has one set of core policies (e.g. one use of force policy, one training curriculum for crowd management, etc.), while allowing the local administrator in charge (the warden) flexibility to address unique local realities differently. (Another example is the United States Park Police; while the majority of their operations are in the Washington, D.C., metropolitan area, they are also responsible for national parks in New York City and San Francisco. They provide some flexibility to their local police leadership working with the local park management, but their core rules, regulations, policies, training and equipment are standardized across all the locales that they police).

The first step in this direction should be the creation of a Chief Public Safety Administrator (“Chief PSA”) position operating out of the Office of the President of the University of California. This individual should be an experienced law enforcement professional. The Chief PSA should have functional authority over the ten different UC campus police chiefs; at a minimum, he/she must be able to require adherence to certain core equipment standards, training minimums/curriculums, and policies.

As a first step, the new Chief PSA should work with the various police chiefs to create, implement, review and establish standardized “public safety” policies throughout the UC System. All UC police officers, regardless of campus assignment, should be operating under the same core policies and performing their duties using the same training. 613 The UC policing apparatus should strive to become a leader and a source of expertise in the constitutional policing of public protest.

While the UC campus police chiefs should remain in a direct reporting line to a high-level campus administrator (this administrator should be standardized as well), the Chief PSA should have the authority to audit core functions of the campus police departments at any time. Annual reviews in areas such as use of force, training, critical incidents, internal affairs investigations and discipline-imposed would be appropriate.

In a similar vein, the Chief PSA should develop an annual statewide training plan on critical policing issues/skills for the UC campus police. This training plan will ensure that coordinated inter-campus training is being conducted. The idea of a “north” policing culture that differs from a “south” policing culture should be addressed and eliminated, at least as to core skills, functions and policies, as part of this training plan.

613 Without belaboring the point, we believe it is completely unacceptable to have police forces that wear the same badge and work for the same ultimate employer, but use different tools, training and tactics and follow different policies. This is more serious when one looks at the various use-of-force policies that are employed on different UC campuses, and should be a top priority for repair. The UC reality is compounded in that each campus police department does its own hiring and most of their hires appear to be either self-sponsored at the various academies around the state or hired after initial training and service with a different law enforcement agency. Thus, while their training will have a common basis—the learning domains established by California POST—officers will have attended academies of different lengths, with different training emphasis, with different policing cultures. The UC system should develop training methods to foster one agreed upon set of competencies across the system, with emphasis on the necessary tactics for policing a college campus.

UC Davis Action

8.2: System-wide changes are the purview of the UC Office of the President.

8.3 Additional Recommendations for UC Policing

A detailed review of the UC system’s approach to policing should be conducted. This is not the first major incident to go awry on UC campuses in recent years. The expectations of the individual UC campuses and the UC system leadership for their police should be defined and measured against the current capabilities of the UC police force. In short, a gap analysis should be conducted. The operational tempo of UC police departments is radically different from that of standard municipal police agencies; the normal measures of reported crime, calls for service, and response time remain elements of evaluating the police departments but must be supplemented by the other regular demands placed on these forces—and public protests and public order must be at the top of this list. With increasingly coordinated protests occurring across the state and the UC system, it is highly questionable whether the current system of inter-agency assistance remains viable. This needs further study.

There are a number of very specific policing-centric tasks that need to be addressed; these recommendations certainly apply to the UCDPD but may also apply to other departments in the UC system. These are:

  1. Standardized and recurring training should be provided for UCDPD officers involving 21st Century Crowd Management strategies (20 hours). Additionally, enhanced supervisory and executive level crowd management training should be developed (10 hours). Training must comport with the California POST, 2102 updated, Crowd Management and Civil Disobedience Guidelines.
  2. Incident Command System (ICS) training should be provided for individual campus Student Activities, Public Information, EH&S, Care and Shelter, Food Services, Financial, Office of Technology, Risk Management, Human Resources and Emergency Management personnel.
  3. UC Davis campus emergency personnel must comply with state mandated standards for ICS and SEMS. This is especially true in the area of documentation where the operations plans for virtually [all] of the police events discussed in this report were deficient in key areas (e.g., no signatures, no approval sign-off signature, numerous blank sections of the report, failing to provide for key tactical elements of operations, etc.). Put another way, Incident and Event Action plans must be detailed, informative, and accurate and have “accountability for review” measures built in.
  4. While we understand that some emergency operations discussions have occurred in the past, our understanding is that they involved sub-sets of the various campus entities but were neither comprehensive in their involvement nor realistic in defining their subject matter. Periodic Emergency Operations Center (EOC) exercises must be conducted and evaluated. Exercises must include both sworn and civilian EOC stakeholder personnel and these exercises should comport with both SEMS and the National Incident Management System (NIMS) standards.
  5. Training should be provided to all UC police officers addressing alternative force applications (Passive Arrest Team Tactics) involving arrests of both active- and passive-resistant protesters. Command approval authority should be included regarding use of specialized munitions and OC dispersal methods during crowd control situations.
  6. There needs to be a wholesale review of the UC Davis use of force reporting and investigation protocols. The use force by police against a member of the public is almost inevitably controversial. The policies, training, and investigative procedures must be current, comprehensive and transparent. They must include supervisory review of use-of-force reports, and the process needs to include command and executive review. Recordation should include threshold triggers to identify employees prone to multiple use-of-force applications and recommendations for training and/or remediation. These systems are generally termed Early Identification and Intervention systems (EIIS) and there is an existing United States Department of Justice approved training program to aid in the development of these necessary systems.

Finally, Kroll recommends that the University of California monitor its progress in meeting all of the above-stated objectives, and report its progress to the public on a regular basis.

UC Davis Action

8.3:

The following actions have been taken to respond to this recommendation:

  1. All Police Department operations plans, effective March 2012, now identify the difference between passive and active resistance and are specific as to the appropriate use of force in each category.  These plans also include guidelines for police use of chemical weapons, including when police can deploy chemical weapons and when officers need prior authorization to deploy such weapons. All supervisors have completed ICS training along with small group leadership and critical incident management training. All officers have received alternative use of force techniques.
  2. This item is still under consideration.
  3. It is campus policy that UC Davis emergency personnel must comply with state mandated standards for ICS and SEMS.
  4. This item is consistent with current practices on campus.
  5. All police officers attended a use of force training in September. Officers were taught an innovative approach to control and restraint called the Compliance, Direction and Take Down System (CDT System.) Unlike other types of so called non-deadly force systems, the CDT System teaches individuals to physically control or disarm a hostile aggressor, and keep him or her in compliance or completely restrained until help arrives. It addresses peace officer wellbeing and subject safety while decreasing the liability factors of all concerned. The CDT System is viewed as minimal justifiable force and is based on a proven theory that "less is better." Command approval, absent exigent circumstances, for the use of specialized weapons or OC during a crowd control situation is now standard operating procedure.
  6. Review is underway and includes aforementioned reviews, supervisorial reviews and recordation of use of force incidents. Along with this recommendation a formalized database has been established meeting all of the bullet points. This database, IAPRO, affords police command real time review of all use of force reports, citizen complaints, internal affairs investigations, and other various reports. This system also has an established early warning mechanism with set thresholds identifying areas for review. This standardized, formal, and professional system ensures all appropriate reviews and investigations are completed in a timely fashion.

Robinson-Edley Review

Recommendation 3. Discuss with the Regents the possibility of increasing opportunities for students and other campus constituencies to address concerns directly with the Regents at times other than during public comment period at formal meetings.

UC Davis Action

3. System-wide changes are the purview of the UC Office of the President.

Recommendation 4. Collect each campus's current time, place, and manner regulations and all policies governing the response to events of civil disobedience, including applicable system-wide and campus police policies; post collected policies on system and campus websites.

UC Davis Action

4. System-wide changes are the purview of the UC Office of the President.

Recommendation 6. Increase opportunities for routine interaction between police and students and between the Chancellor and the Police Chief.

UC Davis Action

6. The Police Chief routinely meets with student groups including ASUCD and the Graduate Student Association to exchange information and discuss campus topics.  This Student Police Chief Advisory committee has been formalized in police policy to ensure the continuation of the process.  The Chancellor created and has convened the Campus Community Council, which includes student representation as a means of discussing important campus topics and events.  This spring the campus will hold three separate forums around the theme of strengthening the campus community. An additional three workshops have been scheduled to train attendees in how to handle difficult or challenging conversations.

Recommendation 8. To the extent necessary, modify police policies to require the participation of senior administrators in decision-making about any police response to civil disobedience—clearly define the respective roles of administrators (objectives) and police (tactics) in this process.

UC Davis Action

8. These policies are consistent with those outlined in the Event and Crisis Management Team guide.

Recommendation 9. Develop principles to guide the event response team in determining whether particular acts of civil disobedience merit a response—when a response is necessary, specify use of lower levels of force (e.g., persuasion, hands-on compliance), before resorting to higher levels of force (e.g., pepper spray, batons), barring exigent circumstances.

UC Davis Action

9. All Police Department operations plans, effective March, 2012, now identify the difference between passive and active resistance and are specific as to the appropriate use of force in each category. These plans also include guidelines for police use of chemical weapons, including when police can deploy chemical weapons and when officers need prior authorization to deploy such weapons.

Recommendation 10. When faced with protesters who are non-aggressively linking arms, and when the event response team has determined that a physical response is required, principles should specify that administrators should authorize the police to use hands-on pain compliance techniques rather than higher levels of force (e.g., pepper spray, batons), unless the situation renders pain compliance unsafe or unreasonable.

UC Davis Action

10. The Police Department established its first crowd management policy consistent with POST guidelines (POST is the California Commission on Peace Officer Standards and Training.)

Recommendation 14. Coordinate in advance of planned demonstrations with other police departments likely to provide assistance.

UC Davis Action

14. All of the campuses have accepted this as their standard operating procedure for planned events such as Regents meetings or labor or occupy demonstrations if there is enough time to move the troops around. There will now be a specially trained UCPD response team available for these events. Obviously exigent circumstances will require following state authorized Mutual Aid compacts.

Recommendation 15. Require each campus police agency to seek aid first from other UC campuses before calling on outside law enforcement agencies, except where there is good cause for seeking aid from an outside agency.

UC Davis Action

15. This is now policy for the UC Davis Police Department. Other UC campuses will be called upon for mutual aid before calling on outside law enforcement agencies.

Recommendation 16. Require the Chief of Police on each campus personally to interview and approve all newly hired sworn officers.

UC Davis Action

16. A police department cadet program was created to better acquaint members of the student community with police work on campus, expose them to police policies and procedures, and prepare them for potential careers in law enforcement. Over 20 UC Davis undergraduates enrolled in the program. The top three will be sent to a regional law enforcement academy and the top candidate will be hired into the UC Davis police force as a sworn officer. This practice will, over time, increase the department's diversity, promote stronger ties with the student community and make hiring practices more transparent. 

The UC Davis Police Chief personally interviews and approves all newly hired sworn officers.

Recommendation 17. Review UC police compensation practices to ensure that compensation is sufficiently competitive to attract and retain highly qualified officers and police leaders.

UC Davis Action

17. System-wide changes are the purview of the UC Office of the President.

Recommendation 18. Obtain input from members of the campus community (e.g., students, faculty, staff) in the process for hiring campus police officers, and promoting or hiring officers for command-level positions within the department.

UC Davis Action

18. Hiring and promotional panels now consist of community members from many areas, including the Associated Students of the University of California, Davis (ASUCD), the Graduate Students Association (GSA), faculty and law enforcement command officers.

Recommendation 19. Increase training of campus police officers in the areas of crowd management, mediation, and de-escalation of volatile crowd situations.

UC Davis Action

19. UC Davis has adopted the new UCPD policy on Crowd Management, Intervention and Control. The policy highlights the importance of safeguarding constitutional rights and the First Amendment and provides an outline of basic steps to be taken and/or considered by the UC Davis Police Department in the management of demonstrations.

UC Davis Police have reviewed internal processes and procedures and have participated in NIMS/SEMS trainings and documentation protocols.

UC Davis protocols for use of force reporting and investigation are complete, including a three-year review of "use of force" statistics for both the Davis and Sacramento campuses.

Recommendation 20. Create specialized response teams with additional training in crowd management, mediation, and de-escalation techniques at the systemwide level.

UC Davis Action

20. System-wide changes are the purview of the UC Office of the President.

Recommendation 21. Establish a regular program for joint trainings, briefings, and scenario planning with law enforcement agencies on which each campus police department is likely to call for assistance or mutual aid.

UC Davis Action

21. Completed a table top exercise in partnership with the California Emergency Management Agency (CALEMA) utilizing our mutual aid partners and campus executives in the process. This will be an on-going process.

Recommendation 23. Conduct simulations jointly with campus administrators and campus police to rehearse responses to civil disobedience scenarios.

UC Davis Action

23. Police hosted an exercise directed by the Department of Homeland Security to allow police supervision to practice what was learned in a recent police all supervision NIMS/SEMS update provided by CALEMA and the Department of Homeland Security. The exercise included other campus community members and executives. All police supervisors have completed both NIMS/SEMS training. Also all police supervisors have been provided with advance small group leadership training and various supervisors have attended critical incident training for management 

The Federal Emergency Management Agency’s “Introduction to the Incident Command System, ICS-100 for Higher Education” was completed by all members of the Council of Vice Chancellors (COVC) and the Event and Crisis Management Team (40 individuals in all), and a separate course in event management training and participation in a series of trainings to improve understanding of the NIMS/SIMS vernacular and decision-making processes was completed.

Recommendation 35. Establish and implement a systemwide response option framework for use on each campus.

UC Davis Action

35. System-wide changes are the purview of the UC Office of the President.

Recommendation 36. Require that campus police and other authorities (to the extent controlled by the University) act in accordance with the response option framework, absent exigency or good cause.

UC Davis Action

36. System-wide changes are the purview of the UC Office of the President.

Recommendation 37. Develop a systemwide process for determining which “less lethal” weapons may be utilized by UC police officers.

UC Davis Action

37. System-wide changes are the purview of the UC Office of the President.

Recommendation 38. Require each campus Police Chief personally to approve the specific types of less lethal weapons available to officers in their department.

UC Davis Action

38. System-wide changes are the purview of the UC Office of the President.

Recommendation 39. Require each campus police department to include the list of weapons approved for use in response to demonstrations and civil disobedience in its use-of-force policies, and to make the list available to the public.

UC Davis Action

39. System-wide changes are the purview of the UC Office of the President.

Recommendation 42. Establish a program for video recording protest events designed to develop a fair and complete record of event activity solely for evidentiary or training purposes.

UC Davis Action

42. UC Davis Police Department has purchased five wearable video cameras to be used in various situations including protest activity. Each camera bears a clear, discernible label that reads: “CAMERA”.  This designation is meant to inform members of the public that an exchange with the police officer is being filmed and audio taped. UC Davis also developed a procedure to ensure that, during a large or potentially troublesome event, cameras are deployed into the field at specific locations.  Typically this includes putting a camera on the field commander, arrest teams and line officers to provide a variety of views of the activity.  Each significant incident then may be filmed from five different placements.  This is to ensure that the full spectrum of interaction is recorded and available for subsequent viewing.  This is a tremendous educational resource and will assist in resolving complaints and in determining how specific events were managed and/or how they might have benefitted from different approaches.  The university also utilizes in-car cameras on police vehicles and ensures, as standard operating procedure, that they are activated when transporting prisoners or when near the scene of activity.  All recording is covered under the various policies listed below.  UC Davis is one of a few departments in the country that actually have a policy related to the public video recording of officers and how officers shall respond.  “Video Recording and Photographing of UCDPD Members by the Public”.

In addition, UC Davis provides officer training on all video devices and the rules of evidence apply to video same as any other evidence.  Even the campus Tasers have video recording devices built into them as safeguards for both officers and the public.

Recommendation 43. Amend existing police department policies to require after-action reports for all protest events involving a police response, regardless of whether the response resulted in force, injury, or civilian complaint.

UC Davis Action

43. All events, including protests and pre-planned events—not related to protests, but out of the ordinary—all require an after-action report. These after-action reports are stored for easy access in a simple computer database.  http://police.ucdavis.edu/departmental-policy-and-procedures.

Recommendation 44. Coordinate review of after-action reports on a periodic basis with campus event response teams, and with the Office of the President.

UC Davis Action

44. System-wide changes are the purview of the UC Office of the President.