Administrative Policies

POLICY

The University recognizes and respects the value and special integrity of each human life. In vesting University police officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the University that police officers shall use only that force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officer or another. Use of deadly force by a police officer is authorized to defend the officer or others against deadly force or the threat of imminent deadly force.

PROCEDURE

1.0 Training: All officers will be required to adhere to the following training requirements:

• No officer will be allowed to carry a firearm on duty until the officer has received a basic course of instruction in the use of firearms and has qualified with his duty weapon as certified by the UCA Police Rangemaster.
• The UCA Police Department shall schedule regular training and qualification sessions for all officers which shall be graded on a pass/fail basis. Such training and qualification requirements will be held at least twice annually. Routine training will be scheduled at least three additional times annually.
• Police officers who fail to receive a passing score with their duty weapon(s) in accordance with department testing procedures shall be relieved of their police powers and immediately reassigned to non enforcement duties.
• A police officer shall not be permitted to carry any weapon with which he has not been able to qualify during the most recent qualification period.

2.0 Types of Firearms Authorized: All University police officers shall be armed at all times when on duty with a firearm approved by the Chief of University Police.

2.1 Ammunition: The only ammunition authorized for a University police officer to have in his possession while on duty will be that ammunition issued, or approved, by the Chief of University Police. High powered ammunition is strictly prohibited.

3.0 Drawing a Weapon in the Line of Duty: Should an officer on duty need to draw his weapon in response to a critical incident not requiring the subsequent use of force, the officer shall indicate his actions and justification in an Incident Report. A copy of the Incident Report will be forwarded to the Field Operations Captain and the Chief of University Police for review and disposition. A report will be forwarded to the Vice President for Administration.

3.1 Discharge of Firearm Permitted: A police officer may discharge a weapon under the following circumstances:

• When deadly force is justified in protecting an officer or a third party.
• During range practice or competitive sporting events.
• To destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured.

3.2 Prohibited Actions with Firearms: Police officers shall adhere to the following when their weapon is exhibited:

• Except for maintenance or during training, police officers shall not draw or exhibit their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy.
• Warning shots are prohibited.
• Police officers shall not fire their weapons at or from a moving vehicle when the risk of a stray or missed shot may reasonably be inferred to endanger another, except when necessary to protect the officer or another person from imminent danger of physical injury.
• Firearms shall not be discharged when it appears likely that an innocent person may be injured.

4.0 Deadly Force - Defined: Any use of force that is likely to cause death or serious bodily harm.

4.1 Deadly Force - Authorized: Police officers are authorized to use deadly force in order to:

• Protect the police officer or others from what is reasonably believed to be an immediate threat of death or serious bodily harm; or
• Prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose an imminent threat to human life should escape occur.

4.2 Warning Required when Feasible Before using deadly force, police officers shall identify themselves and warn the suspect, whenever feasible.

5.0 Reporting Use of Deadly Force: A written report prepared according to police department procedures will be required in the following situations:

• When a firearm is discharged outside of the firing range.
• When a use of force results in death or serious injury.

The police officer's immediate supervisor, or in his absence, the senior ranking officer will respond to the scene for an evaluation of the case where an officer or other person receives serious injuries as a result of an enforcement action. The supervisor or senior officer will complete a thorough report of the incident including, but not limited to, the following information:

• Name of the officer discharging the firearm.
• Date and time of incident.
• Type, caliber, and serial number of the firearm discharged.
• Type of ammunition fired.
• Number of shots fired and direction fired.
• A diagram showing location of objects and people directly involved.
• Description of person or object fired at. All identifying information will be included.
• A list of all witnesses to the incident.
• Whether or not object fired at was moving, standing, or barricaded, and direction of travel if moving or in a vehicle.
• Results of the shot(s) fired. (Extent of wounds, other objects struck, etc.)
• Name of all department personnel present at the time of the incident or subsequently responding to the scene of the incident.
  The supervisor or ranking officer will forward a memorandum through channels to the Chief of Police when additional comments are appropriate.

5.1 Officer's Responsibility: A University police officer who discharges a firearm except at an approved range, or otherwise uses deadly or other force either accidentally or in the performance of a police duty, or who discharges a firearm accidentally, will submit in addition to an Incident Report, a detailed written report of the circumstances through channels to the Chief of University Police.

5.2 Command Officer's Responsibility: When a firearm is discharged, but does not result in injury or death, a Command Officer will conduct a thorough investigation of the circumstances involved. The investigating Command Officer will then submit a detailed written report of the results of the investigation through the chain of command to the Chief of Police. This report will also contain the Command Officer's observations and conclusions. A report will be forwarded to the Vice President for Administration.

5.3 Investigation Required: The Chief of University Police will be contacted and will respond to the scene of any serious injury or death caused by an enforcement action. The Chief of University Police will appoint a command-level officer to conduct an internal investigation. The Chief of University Police may elect to request that a concurrent police jurisdiction assist with the investigative process. The Chief of University Police will review the completed investigation and formally accept or reject the findings. Rejection of the findings must be made with written justification. A report will be forwarded to the Vice President for Administration.

5.4 Suspension from Duty Required: Where a police officer's use of force causes death or serious injury, the officer shall be placed on suspension with pay after completing all internal investigative requirements, and until it is determined by a mental health professional that the police officer is ready to return to duty. While on suspension the officer:

• Shall be available during normal University business hours for official interviews and statements regarding the case and shall be subject to recall to duty upon reasonable notice.

5.5 University Review: All uses of deadly force will be reviewed by a panel appointed by the President of the University. The panel will consist of the Chief of University Police and the Vice President for Administration or their designees. The panel will include two (2) additional members appointed by the President. The panel will review all reports submitted by Department personnel and may conduct additional interviews as necessary. The panel will recommend to the President appropriate disposition of the incident under review including appropriate personnel action. If the act is found to be justified, the officer will be reinstated. If the act is found to be unjustified, the officer will be subject to appropriate disciplinary action which may include dismissal from the department.

6.0 Departmental Administrative Review: The Chief of University Police will review all reported uses of force to determine whether:

• Department rules, orders or procedures were violated.
• The relevant policy was clearly understandable and effective to cover the situation.
• Department training is currently adequate.

In addition, the Chief of University Police will take the following actions with regard to use of force:

• All findings of policy violations or training inadequacies shall be reported to the appropriate unit for resolution and/or discipline.
• All use of force incident reports shall be retained for a minimum of five years.
• There will be regular review of use of force incidents by all command staff to ascertain training and policy needs.
• An annual summary report of use of force incidents will be published and made available to the President of the University.

Comments and suggestions about Administrative Policies are appreciated.
Administrative Policy contents comments to: Susan Lilly, SusanL@uca.edu