Campus Police Directives

PURPOSE

The purpose of this directive is to support the procurement of Body Worn Cameras (BWC) and provide guidelines for the proper and lawful use of the equipment. This directive shall also provide guidance on the recording equipment and defines the media storage and retention requirements for incidents captured by these devices consistent with Ohio law. (CALEA 41.38.a)

DIRECTIVE

It is the policy of this department to utilize BWC recording technology to its fullest extent. All employees shall use issued BWC equipment consistent with this directive. It is further the policy of this department that BWCs are utilized to improve the delivery of Campus Police services, promote officer safety, strengthen police accountability, create greater operational transparency, provide for more effective prosecution, and improve protection against false allegations of excessive use of force, misconduct, and or racial profiling. BWCs shall not be used as a primary means to internally monitor officers’ actions without a complaint or to surreptitiously record members of the department. (CALEA 41.38.a). BWC recordings are the property of the College and shall not be downloaded for personal use or shared via any other electronic device(s).

PROCEDURE

82.1 Body Worn Camera Requirements and Restrictions for Activation (CALEA 41.3.8b)

The following are situations that require the activation of the BWC:

1. All enforcement and investigative contacts with members of the College community including investigatory stops, suspicious persons and or a consensual field inquiry;
2. All traffic stops, motor vehicle accidents, OVI investigations, and field sobriety tests;
3. All calls for motorist assistance including lockouts, battery assist and/or fuel assistance;
4. All domestic violence incidents;
5. All arrest;
6. All transports of an arrestee to a police station, county jail, other place of confinement, or a hospital or other medical care or mental health facility;
7. All responses to disorderly conduct or disturbing the peace calls;
8. All vehicle searches and or vehicle inventory search;
9. All Miranda Warnings and responses from in custody suspects;
10. Any physical or verbal confrontations or use of force incident;
11. All warrants;
12. If or whenever an individual request to have the BWC activated.
13. BWCs shall remain activated for the entire duration of an event, including any subsequent transport of a subject (regardless of custody status) and during any suspect processing in booking at another agency.
14. Any other circumstance where the Officer believes that a recording of an incident would be appropriate, that otherwise would not require recording. At no time, is an officer expected to activate their BWC, when doing so, would jeopardize his or her safety, is impossible, and or impractical. However, the BWC should be activated in situations described above as soon as reasonably

82.1.1 Requirements and Restrictions for Deactivation of the BWC

BWCs shall be used only in conjunction with official law enforcement encounters and activities. The BWC will not be used to record:

1. While on break or otherwise engaged in personal non-enforcement activity.
2. While discussing a criminal case or investigation with other officers or supervisors.
3. While in the presence of a Confidential Informant (CI), anonymous complainant, or undercover officer.
4. While in any Magistrate’s or Judge’s office or in any courtroom except under exigent circumstances (i.e. violent disorders, witness intimidation).
5. While having a discussion with attorneys, counselors, peer support, or doctors related to case work.
6. During departmental, vendor, or public meetings.
7. While in attendance of a training class or testing environment.
8. When conducting tactical or operational planning for events that would otherwise jeopardize the safety of participants, spectators and the officers.
9. Any personal conversations of or between members without all parties’ knowledge during non-enforcement activities.
10. In restrooms, changing rooms, locker rooms or any other place where there would be a reasonable expectation of privacy and there is no legal reason to be there.
11. In areas were patients expect privacy such as hospitals, mental health treatment facilities, or any other clinical setting where a crime has not been committed.
12. While engaged in routine non-investigatory activities with the public in which no law enforcement action can be reasonably and imminently anticipated, not contained in this policy.
13. Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording, whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Request by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer an issue unless the circumstances no longer fit the criterion.
14. When interacting with an apparent crime victim, officers shall, as soon as practicable, notify the apparent crime victim that he or she is being recorded by the BWC and, if the apparent crime victim requests the officer to discontinue use of the BWC, the officer shall immediately discontinue use of the BWC. A request to discontinue the use of a BWC made to an officer pursuant to this directive and the response to the request shall be recorded by the recording system prior to discontinuing use of the recording system.
15. Whenever an interruption occurs that is in the midst of a call for service, the Officer will document the reason for the interruption or termination of the recording. If an Officer feels it is necessary to stop recording (e.g. talking to a victim of sexual assault, confidential informant) within the constraints of policy, the Officer will verbally indicate their intent to stop recording before stopping the device, and upon reactivation, state that the camera was restarted. Officers must notify dispatch of their intent to stop and restart recording, if possible.
16. If an Officer fails to activate the BWC, the Officer will notify dispatch as to why a recording was not made (i.e. BWC malfunction, volatile incident, spontaneous incident). The officer shall also notify their immediate supervisor as to why they failed to activate their BWC.
17. Requests for deletion of portions of the recording (in the event of a personal recording) must be submitted in writing and approved by the Chief or his designee in accordance with the State of Ohio Record Retention Laws. All requests and final decisions shall be kept on file.

82.2 Body Worn Camera Prohibitions

All data, images, video and metadata captured or recorded, or otherwise produced by the equipment is the exclusive property of Cuyahoga Community College Campus Police and Security Services. Campus Police personnel shall have no expectation of privacy or ownership interest in the content of BWC recordings. Therefore, the following is prohibited:

1. No officer shall attempt to erase, edit, or otherwise alter any data captured by a BWC. The downloading or converting of any recording captured by a BWC for any type of personal use is strictly prohibited.
2. The recording of any BWC footage via any personal device(s).
3. Sharing or viewing BWC footage of another officers’ footage, unless for report purposes and upon supervisory approval;
4. Officers sharing access user credentials;
5. Accessing, copying or releasing files for non-law enforcement purposes;
6. Recording(s) shall not be used by any member of the department for the purpose of embarrassment, harassment, ridicule and or entertainment.

BWC and any ancillary equipment (mounts, docking station, charger etc.) is the sole property of Cuyahoga Community College Campus Police and Security Services. Officers are prohibited from using BWC and associated equipment for personal use and or for their secondary employment.

82.3 Data Storage and Retention Requirements

The Records Management Department develops and establishes procedures that govern the lifecycle of all College records, regardless of format, in accordance with an approved Records Retention Schedule, including timely, compliant storage and secure destruction of records. Cuyahoga Community College’s policy on data storage and retention is in accordance with Ohio laws and regulations, Revised Code Title 1, Chapter 149. Officers shall abide by the following:

1. Officers shall return their BWC to the docking station before the conclusion of their shift.
2. Officers shall upload BWC files and label data to the corresponding report number within the video management system before the conclusion of their shift.
3. All access to BWC files must be specifically authorized by the Chief or his designee, and all access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes.
4. Requests for deletion of portions of the recording (in the event of a personal recording) must be submitted in writing and approved by the Chief or his designee in accordance with the State of Ohio and College record retention All requests and final decisions shall be kept on file.
5. Officer(s) assigned a BWC may review his or her own BWC recording to help ensure accuracy and consistency of accounts, assess their personal performance and correct unsafe behaviors. Any review of a BWC by the officer shall be documented in the incident report corresponding with the incident.
6. Files shall be securely stored in accordance with state record retention laws and no longer than useful for purposes of training or for use in an investigation or prosecution.
7. The Chief of Police or designee may authorize the release of BWC files directly to another law enforcement agency or a city, county, state or federal prosecutor upon a valid request.
8. Any request for the release of BWC recordings will be directed to the College’s Legal Services Department. The release of recordings will be consistent with Ohio Public Records laws ORC 149.43.

82.4 Training Requirements for Users and Supervisors

All employees issued BWC shall receive initial training on the operation of the system and equipment and the BWC policy. New hires shall receive initial training on the BWC policy and the operation of the BWC system prior to being issued. Annual training shall be provided to all Campus Police Officers and supervisors, which, at a minimum, shall consist of a review of this directive. Additional training and testing may occur due to software updates or equipment modifications. Testing may include the following topics:

1. All practices and protocols of this policy;
2. An overview of relevant state and federal laws governing consent, evidence, privacy, and public disclosure;
3. Procedures for operating the equipment safely and effectively;
4. Scenario-based exercises that replicate situations officers might encounter in the field;
5. Procedures for downloading and tagging recorded data;
6. Procedures for accessing and reviewing recorded data (restricted to personnel authorized to access the data);
7. Procedures for preparing and presenting digital evidence for court; and
8. Procedures for documenting and reporting any malfunctioning device or supporting systems.

82.5 Supervisor’s Review of Camera Captured Recordings (CALEA 41.3.8g)

Supervisors shall conduct random reviews of the BWC recordings to ensure compliance with this directive and to monitor the overall effectiveness of the BWC equipment. Random reviews performed by supervisors shall be conducted impartially and to the extent necessary to ensure operational compliance.

Supervisors are authorized to periodically review BWCR. Recordings may be reviewed for the following reasons, but not limited to the categories below:

• Evidence
• Investigations
• Complaint Resolution
• Training improvements
• Commendations
• Equipment and recording related issues; and
• Report Clarification.

Following this review, a written report will be routed to the appropriate Lieutenant to indicate that such a review was conducted. This report should include any concerns which became evident upon review. If misconduct or a policy violation is identified as a result of the review, the report should document the findings.

A formal quarterly review shall be conducted on each officer under their supervision. The pool from which the BWC recordings are retrieved shall be impartial and to the extent necessary to ensure operational compliance.

The formal reviews are to supplement the officer’s yearly performance evaluation(s), assist with identifying potential training needs and to ensure compliancy with current safety precautions.

Supervisors shall document the quarterly review digitally by the BWC Video Management System. At minimum, the review shall document the following:

• Date of review
• Time of review
• Date and time of recording
• Content reviewed
• Report number, if applicable
• Purpose
• Disposition
• Supervisor’s name

Following the formal quarterly review, a written report will be routed to the appropriate Lieutenant to indicate that the quarterly review was conducted. This report should include any concerns which became evident upon review. If misconduct or a policy violation is identified as a result of the quarterly review, the report should document the findings. Any such findings may be subject to the college’s corrective action procedure.

82.5.1 Officers Review and Responsibilities of Camera Captured Recordings

Officers shall have limited access privileges to the Video Management System to review their recordings only. Officers are encouraged to review their activity to evaluate their own performance as it relates to customer service, report clarification, tactics and general safety. Officers will not have the capability to delete any BWC recordings or captured data.

Officer’s shall be responsible for uploading BWC files prior to the conclusion of their shift. Officer’s shall upload BWC files and label data to the corresponding report number within the video management system before the conclusion of their shift.

If an Officer becomes the suspect of a criminal investigation, a referral shall be made to Human Resources with a recommendation for suspension of the officer’s access privileges pending the outcome of the investigation.

82.6 Body Worn Camera Complaints

BWC recordings may capture allegations or complaints of employee misconduct registered by the College community. All complaints, regardless of the severity of the nature of the allegations shall be processed in accordance with Directive 33 Internal Affairs as it relates to department personnel. All complaints, including anonymous complaints, against this agency or its personnel will be investigated thoroughly, objectively, and expeditiously. 

The Chief of Police shall be notified of all complaints of a serious nature and will assign a designee to investigate the allegations. Complaints of a non-serious nature shall be assigned to the site supervisor for review. Any other violations of departmental policy discovered during the course of the investigation may be subject to the college’s corrective action procedure.

82.7 Equipment, Maintenance and Inspection Procedure

1. Each officer at the start of their tour of duty shall visually inspect, then start up their BWC to verify proper operation.
2. Place the BWC, with the camera affixed to the front and centered in the upright position. BWC’s shall be worn in a manner that will most closely capture the officer’s field of view and facilitate recording footage that depicts and records the interaction with the citizen rather than the ground or sky.
3. When not in use, Officers shall store their assigned BWC in a designated docking station for upload to the Video Management System.
4. Equipment deficiencies and malfunctions shall be documented on the Vehicle Inspection Form or send an email to their shift supervisor who will ensure the necessary repair or service is obtained for the unit.
5. Any malfunctions of BWC equipment shall be reported as soon as possible or directly to the site supervisor as soon as practicable.
6. Malfunctioned BWC equipment shall be removed from service for repair and documented in the video management system. The site supervisor shall re- assign a temporary BWC for the officer to use.

REFERENCES

Law Enforcement Standards

     Commission on Accreditation for Law Enforcement Agencies

     Law enforcement standards recommended for this subject:

     41.3.8

     Ohio Collaborative

     Body Worn Camera Standard Criminal Justice Services 0212

Legal Citations

     Ohio Public Records Law ORC 149.43

PURPOSE

Community Programs strengthen the department’s commitment to the college and local communities and provides visual assurance to all we serve.

DIRECTIVE 

Due to the special trust and responsibility the college assumes in caring for children who lack the knowledge to protect them- selves from Gangs, Drugs and Violence, the Cuyahoga Community College Campus Police and Security Services Division will give special attention to the children of the community.

PROCEDURE

39.1 ​The Community Outreach Programs and Strategies 

The Chief of Police, Campus Police and Security Services is the primary facilitator for Cuyahoga Community Colleges’ outreach and crime prevention programs. The Chief of Police, or the Chief’s designee shall operate and coordinate on behalf of the college philosophy by observing, in part, the following:

• Type of crime and geographic area on the basis of crime data
• Community’s perceptions or misperceptions of crime
• Economic structure of the neighborhood
• Recourses available to community

The Officer assisting with this program shall conduct a review and documented evaluation of this program, annually. Changes shall be forwarded to the Chief of Police for his review and final approval.

Currently, the following programs have been incorporated throughout the college campus community:

Youth Safety and Leadership Camp – The camp is a five-day youth leadership camp sponsored by Campus Police and Security Services. The purpose of the camp is to orient youth to the responsibilities to their families, communities and themselves while enhancing their character and image. The camp includes community service project and field trip. Topics covered include: dreams/visions/goals; secrets to success; accountability/relationships/influences; overcoming challenges; health and wellness; community service/diversity/values.

Bicycle Children Safety and Awareness Day - The annual Bicycle Safety and Awareness day event is a free fun day for children ages 5-12. The purpose of the event is to teach children bicycle safety. This event also allows children of the community positive contact with law enforcement officers from agencies across the entire metropolitan area.

Speaking Presentations – Upon written request to the Chief of Police, a member from Campus Police and Security Services may speak to College or community groups on topics such as crime prevention, campus crime prevention, personal safety, alcohol awareness, or any relevant crime prevention topic. These presentations give the agency an opportunity to address community perceptions and misperceptions’ concerning crime as it pertains to adults and children in the community.

Law Enforcement Standards

     Commission on Accreditation for Law Enforcement

     Law enforcement standards recommended for this subject:

     44.1.1, 44.2.5

     Intl. Assn. of Campus Law Enforcement Administrators

     Campus law enforcement, security and public safety agency standards recommended for this       subject: 

     None

Appendices

     None

PURPOSE

Positive discipline is a form of training or instruction and a tool for personnel development. It must be encouraging, even motivational to foster employee willingness to follow directives and procedures. Discipline should stimulate efficiency and effectiveness, attainment of agency goals and objectives, and encourage public support.

Violations of policy/directives and procedures or law call for prompt and impartial action. This department views punitive action as a necessary constructive method for sustained complaints. Punitive actions should enable employees to change behavior as they recognize unsatisfactory conduct. Administering discipline is a responsibility and function of every supervisor and commanding officer of the Cuyahoga Community College Campus Police and Security Services Department.

DIRECTIVE

The Cuyahoga Community College Campus Police and Security Services Department shall make every effort to use discipline as recognitive, remedial and punitive processes, and to preserve rights of employees and the public. This department makes eve- ry effort to stay aware of employee behavior and takes proper disciplinary actions as necessary in a fair, impartial and timely manner.

PROCEDURES

​32.1 Concept of Discipline​

     32.1.1 Definition of Discipline

Many supervisory officers and subordinates misunderstand the true concept of discipline. Therefore, the following statement is included in this directive to assist in developing a better understanding of discipline, not just as a punitive measure, but also as a method of securing cooperation and coordination throughout the department.

Discipline - That force which prompts an individual or group to observe rules, regulations, and procedures deemed necessary to the attainment of an objective.

     31.1.2 ​Procedures

The maintenance of effective discipline is essential in a law enforcement agency, to control its performance and to promote the efficiency and satisfactory attainment of police objectives.

• Supervisors and Training - Discipline and disciplinary procedures are an extension of training and linked with morale. A department that lacks discipline is incompletely trained; it is not a failure of supervisors to require subordinates to con- form to departmental rules and procedures. Therefore, the principle responsibility for conformance to regulations is lodged at the level of immediate supervision.
• Training - Discipline is also a state of training and a mental attitude that fosters voluntary compliance with policies and regulations for proper conduct. That intangible prompts individuals and groups to conform to desirable patterns of conduct and to observe rules, regulations and procedures deemed necessary to the attainment of an objective. Proper discipline stimulates harmony and efficiency, facilitates coordination of effort, promotes high morale and encourages public acceptance and support. Discipline need not be synonymous with punishment. A well-disciplined individual or department is often the one least in need of punitive or other negative action.
  
  
• Prompt and Equitable Action - Violations of rules, regulations and order nevertheless may require disciplinary action. When necessary, this action will be administered promptly and equitably to be effective. In determining the action to be taken, the motive, intent, or reason for the violation will be considered by the supervisor. Disciplinary action should be viewed as a learning process, and every effort should be made to enable the members to understand the nature of the offense and what corrective action he must take (see contract).
  
  
• Repeated Misconduct - Discipline is also a responsibility and a function of Supervisory officers are given authority to fulfill their responsibilities and are expected to exercise it to that end. When repeated misconduct occurs despite disciplinary action, a determination will be made as to whether the fault rests with the offender, their supervisor or other circumstances.
  
  
• Improper Discipline - In the event that the employee receiving the discipline feels that it is improper, they should immediately, and in writing, inform the Chief of Police and/or the bargaining unit of all circumstances involved. If at the time, the individual still feels that satisfaction has not been given, they shall request a meeting with the Chief of Police and the responsible parties involved in accordance all related college policies and bargaining unit contracts.

32.2 ​Administration of Discipline

     32.2.1 ​Allegations of Misconduct

In the event allegations of misconduct are brought forth, which necessitate inquiry and possible disciplinary measures, the fol- lowing procedures shall be considered and followed:

• Higher Compliance Expectation - Police or security officers or other members of the department, charged with the obligation to maintain compliance with standards of conduct established by law, have an ever-greater obligation to the law enforcement profession. The standard of conduct, which police, security, and dispatchers must observe, is on a much higher level than expected of the average citizen. They must not only avoid misconduct, but also the appearance of misconduct.
  
  
• Investigations to Verify Complaints - To protect the citizens, students, and the officers, all complaints and allegations directed against officers will be thoroughly and objectively investigated. Unfortunately, because of their resent- ment of police authority, and for other reasons, some persons may falsely accuse officers of The Chief of Police will conduct a thorough and objective investigation to vindicate and support the officer who is the object of an unsustained allegation.
  
  
• Department Morale and Fraternal Spirit - An objective investigation will also reveal the officer who has, by their conduct, betrayed the trust placed in them and tarnished the image of the department. Failure to detect such individuals and to take appropriate disciplinary actions damages the morale and fraternal spirit of the entire department and undermines the public confidence and support.
  
  
• Confidential Investigations - To protect innocent officers from unwarranted and injurious publicity, information resulting from investigations will be treated as confidential unless otherwise directed by the Chief of Police or designee.
  
  
• Internal Inspections - The necessity and desirability for continuous internal inspection to assure compliance with established regulations and procedures are well recognized throughout the Members should realize that such inspections do not constitute an affront to them, but are safeguards for the maintenance of high ethical standards in their chosen profession.
  
  
• Admission to Mistakes - It is well recognized that the only person who makes no mistakes is the person who does not act. Such honest and unintentional mistakes under certain circumstances are expected and However, any effort to conceal or deny the error is not justified. Openly admitting a mistake is obviously the first step toward correcting it and preventing its reoccurrence.
  
  
• Initiated Only by Approval by Chief of Police - All internal investigations will be initiated with prior approval of the Chief of Police. Those investigations of a minor nature shall be handled on a supervisory level; a Chief’s designee will deal with allegations of a major significance through a process that initially notifies the employee of the complaint and gives an opportunity to respond. The employee will be informed that an investigation will take place based on the complaint, and a determination made as to facts. All allegations of criminal violations will be handled as would any criminal investigation, but maintaining strict adherence to confidentiality.

     32.2.2 ​Disciplinary Procedure

Disciplinary action may be necessary because but not limited to the following:

• inattention to duty;
• inefficiency;
• insubordination;
• absence without permission;
• violation of law, college policy or written directives
• intoxication;
• dishonesty;
• improper use of a firearm;
• poor attendance;
• misuse of public funds or property; or
• for any other violation specifically listed in this manual, or in the Ohio Revised Code.
  
  
• Written Affidavit - Members holding the ranks of sergeant to Chief of Police, inclusive, may be subject to discipline following charges made against the member in a written affidavit. Disciplinary action will depend on the severity of the member’s act and the number of documented previous charges for which the member was disciplined.
  
  
• Disciplinary Action - Depending on the severity of the offense, may take the following forms:
  
  • verbal warning,
  • official written reprimand,
  • suspension, or
  • dismissal.

Note: Suspension or dismissal must be made in cooperation with District Human Resources and the appropriate Bargaining Unit Collective Bargaining Agreement.

• Review of Action - All actions are taken in accordance with college policy, the Collective Bargaining Agreement and review by the Chief of Police and Vice President for Human Resources or his designee.

     32.2.5 Annual Performance Evaluation

Supervisors will consider recognitive behavior when completing annual performance evaluations of their assigned personnel.

32.3 Remedial Disciplinary System

The department initiates remedial discipline as proper for undesirable behavior. Opportunities to improve skills and behaviors through training or counseling may be necessary for employees.

The supervisory staff shall maintain open avenues of communication with their assigned subordinates. In those instances of a subordinate’s misinterpretation or violation of departmental policy or procedure, the supervisor shall take immediate action to correct the subordinate. In addition to immediate correction, the supervisor may counsel the subordinate on the misinterpretation or violation of policy and procedure.

Formal disciplinary action will be taken against an employee for unsatisfactory work performance or unacceptable conduct. The Campus Police and Security Services Directive, Conduct, section 14.12, outlines the penalties for misconduct. Further action, such as suspension must be made in cooperation with District Human Resources and the appropriate Bargaining Unit.

     32.3.1 ​Verbal Counseling

Immediate supervisors have the responsibility and authority to give verbal counseling. Supervisors record verbal counseling on notes and keep them in their files for consideration in annual performance evaluation.

     32.3.2 ​Documented Counseling

The Chief of Police chooses and authorizes documented counseling as a remedial disciplinary action. Supervisors or commanding officers may recommend documented counseling because of sustained complaints.

• Counseling of Employee - An employee’s immediate supervisor normally counsels the employee.
• Documentation - As outlined by the Department of Human Resources the supervisor will document counseling in a memorandum, recording the date, time, employee, offense and action taken. A copy of the documentation shall be issued to the employee.
• Personnel Records - An employee’s department personnel records may include any documented counseling reports.

     32.3.3 ​In-service Training

The Chief of Police or Lieutenant shall select all remedial training as disciplinary action. Line supervisors or command staff may recommend in-service training because of sustained complaints. The Chief of Police will make the final approval of all remedial training as a disciplinary action. An employee’s personnel record in the office of Human Resources includes documentation of any remedial in service training including the final disposition of the training (see Dir. 90, Training).

32.4 Punitive Discipline

Punitive discipline may be necessary for flagrant or repetitious, unacceptable behavior or actions. Such disciplinary action be- comes part the employee’s personnel record in the Department of Human Resources and of agency personnel records. 

     32.4.1 ​Authority for Punitive Discipline

The Chief of Police, the President of Human Resources or his designee) chooses and authorizes punitive disciplinary actions. The appropriate bargaining unit shall be notified. Supervisors or commanding officers may recommend punitive discipline for flagrant or repetitious, unacceptable employee behavior or actions.

     32.4.2 ​Types of Punitive Discipline

Depending on the importance of employee action, the department uses one of the following types of punitive discipline:

• Verbal Counseling – timelines in compliance with Collective Bargaining Agreement.
• Verbal Warning – timelines in compliance with Collective Bargaining Agreement.
• Written Warning - timelines in compliance with Collective Bargaining Agreement.
• Reprimand - Letter of Reprimand;
• Suspension - Suspension for a specific number of days without pay;
• Termination - Termination from the agency

32.5 Maintenance of Records of Disciplinary Actions

The Cuyahoga Community College Office of Human Resources is responsible for the maintenance of the records of all disciplinary actions. Therefore, all such records are forwarded to that office. Letters of reprimand, suspension records, and dismissal records remain permanently in the affected employees personnel file and are not considered for removal.

Letters of Counseling, Verbal Warnings and written warning documentation shall be maintained in the department’s personnel file and may be removed at the discretion of the Chief of Police and considered in compliance with respective Collective Bargaining Agreements. The Chief shall consider the following conditions in making his decision.

• The affected employee must submit his petition for removal to the Chief through the normal chain‐of‐command. A two‐year time period must elapse before consideration of removal.
• A letter of Counseling will be considered for removal only if no similar infraction, offense, nor problems have occurred relative to the employee’s job performance.

32.6 Disciplinary Recommendations

When recommending remedial or punitive actions against an employee, supervisors and commanding officers consider an employee’s personnel record in compliance with respective collective bargaining agreements, plus facts of the current incident.

Non-Union employees are subject to the guidelines of Cuyahoga Community College Policy, 3354:1-43-03.1, Corrective Action Procedure. Union employees are subject to the following Union Labor Contract Articles and Sections listed below:

• Full-Time/Part-Time Police and Security Officers; Article 8, Sections 8.1-8.4 AFSME labor contract;
• Full-Time Dispatchers; Article 22, Section 1 and Article 23, Sections 23.1-23.9, 1199 Service Employees International Union
• Part-Time Dispatchers; Article 15, Section 1, 15.2, 1199 Service Employees International Union

     32.6.1 ​Dismissal

The dismissal of an employee is used as a measure to sever the employment relationship between the department and an employee whose performance has previously been addressed through suspension without pay or demotion, or is serious enough to initially require dismissal.

The Vice President of Human Resources or his designee will conduct a pre-disciplinary due process meeting prior to the issuance of a termination notice. All recommendations for discharge must be approved by the Vice President of Human Resources or his designee and are based upon prior documentation and the recommendation of the Chief of Police. If the employee is part of a collective bargaining unit, he or she will have the opportunity to have a union representative at any meeting with the employee regarding the termination action.

The President of Human Resources or President’s Designee shall take all steps necessary and appropriate for the effective implementation of this procedure. A copy of this correspondence is maintained in the employee’s personnel file.

Upon dismissal, the employee shall be provided with the following information:

• A statement citing the reason for the dismissal;
• The effective date of the dismissal;
• A statement of the status of fringe and retirement benefits after dismissal.

REFERENCES

Law Enforcement Standards

     Commission on Accreditation for Law Enforcement

     Law enforcement standards recommended for this subject: 26.1.4, 26.1.5, 26.1.6, 26.1.7,           26.1.8, 52.2.7

     Intl. Assn. of Campus Law Enforcement Administrators

     Campus law enforcement, security and public safety agency standards recommended for this       subject:

     6.1.3, 6.1.4

Appendix

     App.1: Memorandum of Understanding (32.2.2)

PURPOSE

This directive identifies the methods utilized by Cuyahoga Community College Campus Police and Security Services for recruitment. These methods assist in maintaining the highest standard for this agency as well as to identify this agency’s role in the recruiting process.

DIRECTIVE

Campus Police and Security Services realize that there are many aspects of the recruiting process. The Division of Human Resources has overall authority and responsibility for recruitment activities (3354:1-01.1); however, it is understood that there are many aspects of the recruiting process which require the active involvement of Campus Police Services and Security Services to achieve maximum benefit.

The Chief of Police has the authority and responsibility for administering Campus Police and Security Services role in the recruitment program, and may designate specific tasks to other members.

PROCEDURE

21A.1 Recruitment of Officers

     21A.1.1 Recruitment Responsibilities

The recruiting efforts by this agency shall be the responsibility of the appropriate Lieutenant or his designee.

• The appropriate Lieutenant shall submit reports to the Chief of Police on the progress of the recruiting program. These reports will be submitted monthly when vacancies exist or are anticipated to exist, and annually when there have been no vacancies. The appropriate Lieutenant shall monitor the effectiveness or ineffectiveness of recruitment and make recommendations for improvement in each report if applicable. 

21A.2 Affirmative Action/Equal Employment Opportunity

Cuyahoga Community College is an equal opportunity employer and this agency will actively recruit persons to apply for actual vacancies in the department in a manner that is consistent with the Equal Employment Opportunity regulations.

The Office of Diversity and Inclusion maintains college‐wide objectives for affirmative action and equal employment opportunity (3354:1-42-01.1). It is the goal of the college and this department to ensure equal access to employment, to provide action to correct inequities, to evaluate staffing, and to provide for necessary funding.

Recruitment practices will be fair, impartial, and will not discriminate based on sex, race, religion, or ethnic origin. The emphasis is on quality recruitment aimed at resulting in lower rates of personnel turnover, higher morale, fewer disciplinary problems, and better community relations and involvement.

     21A.2.1 Member Involvement

All personnel actively involved in the recruitment activities of sworn personnel shall annually review all associated materials on recruitment and hiring in the department policy, in addition to materials regarding the college’s equal employment opportunity plan as set forth in college policy 3354-1-42-01. Additionally, all personnel involved in the recruitment and hiring process shall complete annual proficiency testing over the recruitment directive and associated materials. This training will be included in a formal recruitment plan, (covered below) and will consist of documented meetings with Human Resources personnel, the appropriate Lieutenant, individuals who conduct background investigations, union personnel, and others so that recruiting personnel will gain a comprehensive understanding of the recruitment and hiring process, but not limited to the following topics:

• The department’s recruitment needs and commitment.
• Career opportunities, salaries, benefits, and training.
• The community and its needs.
• The awareness of minority groups.
• Each step of the selection process.
• All minimum requirements for acceptance of application.
• The college’s Equal Employment Opportunity plan.
• As part of the recruitment plan, appropriate Lieutenant or his designee will ensure that all completed employment applications are acknowledged and that contact is maintained with applicants throughout the selection process.

     21A.2.2 Minorities Role in Recruiting

Whenever possible, members in protected classes are actively used in recruitment activities (see college policy, 3354:142.01.1). Recruitment literature, when developed, will depict women and minorities in law enforcement roles. All personnel are encouraged to participate in the recruitment of qualified applicants for positions within the department. Recruitment announcements may be distributed to all personnel to encourage contact with qualified candidates. Suggestions as to possible applicant candidates should be made to the appropriate Lieutenant.

     21A.2.3 Community Involvement in Recruiting

Neighborhood associations, other community organizations, and key leaders in the community are contacted during active recruiting for their assistance.

• All are provided with job announcements and recruiting information.
• Departmental representatives, generally a Lieutenant or his/her designee, shall participate in job fairs, career days, etc. in the area.
• During each recruiting campaign, recruiters shall arrange on-site visits to area colleges, local shopping malls, and community organizations within the community service area. Recruiters shall seek the assistance of career counselors and law enforcement instructors at area colleges.

21A.3 Recruitment Plan

The appropriate Lieutenant shall develop a recruitment plan designed to conduct an organized and effective search for well- qualified full-time and part-time sworn and non sworn personnel. The recruitment plan shall consist of the following elements:

• Objectives stated in quantitative terms.
• A schedule of the familiarization meetings regarding benefits, etc.
• Key activity timetables.
• Procedures for obtaining assistance from community organizations and key leaders.

21A.4 Announcement and Publicity

• Requirements for the job announcements are located in directive 21B Selection.
• Minorities and women shall be depicted on recruitment literature in a law enforcement role.

21A.5 Application Process (maintaining contact)

The Lieutenant performing the CPSS recruitment function shall maintain applicant lists generated from the college’s employment website for each full-time and part position posted. These lists shall be utilized to maintain contact of future candidates as new positions open.

Contact shall be maintained with applicants from initial application to final disposition via the online employment website. An applicant will be able to view the following information:

Immediately after application the applicant may log in and see “Your Status” as one of the following:

• In Consideration
• No Longer in Consideration
• Position Filled
• Position Closed/Cancelled

As the process moves forward an applicant may log in and see “Position Status” as one of the following based on input from the SAC committee:

• Interviewing
• Recommendation/Hire Pending
• Position on Hold
• Position Cancelled
• Position Filled

As candidates move to the final phases of the hiring process, the Administrative staff in the Chief’s office will maintain contact for testing, background information.

REFERENCES

Law Enforcement Standards

     Commission on Accreditation for Law Enforcement

     Law enforcement standards recommended for this subject:

     31.1.1, 31.1.2, 31.2.1, 31.2.2, 31.2.3, 31.3.1, 31.3.2, 31.3.3, 31.3.4

     Intl. Assn. of Campus Law Enforcement Administrators

     Campus law enforcement, security and public safety agency standards recommended for this       subject:

     None

Appendices

PURPOSE

The purpose of this directive is to assist officers in the safe performance of vehicle pursuits.

DIRECTIVE

Vehicular pursuit of fleeing suspects presents a danger to the lives of the public, officers, and the suspects involved in the pursuit. Vehicle pursuits are only permitted in authorized marked police vehicles. Officers have the responsibility, at all times, to avoid driving at such speeds or under such adverse conditions of vehicle and road that may cause them to lose control of their vehicles, or create significant risk of harm to themselves or others.

DEFINITIONS

Vehicle Pursuit - an active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics.

Police Vehicle - refers only to Campus Police and Security Services vehicles marked and unmarked equipped with blue lights and siren, and which can be clearly identified as an emergency police vehicle.

Pursuing/Initiating Officer - refers to the Police Officer (Primary Unit) that initiates the pursuit or any other Officer, excluding security officers.

Secondary or Back-Up Unit - refers to the Police Officer that assists the primary unit in the pursuit.

PROCEDURES

40A.1 Decision to Initiate a Pursuit

The decision to initiate a vehicular pursuit is based on the pursuing officer’s conclusion that the immediate danger to the public created by the pursuit is less than the immediate or potential danger to the public should the suspect remain at large.

Any officer engaging in a vehicle must be in an authorized marked emergency police vehicle. Vehicle pursuits in unmarked vehicles are prohibited.

Any officer in an authorized marked emergency police vehicle may initiate a vehicular pursuit after he has evaluated the circumstances and when all of the following criteria are met:

• An officer knows or has reason to believe that the operator of a motor vehicle has committed a serious violent felony such as murder, rape, aggravated robbery or kidnapping.
• An officer may pursue the operator of a motor vehicle if his/her actions present a clear and immediate threat of loss of life or serious injury to others if immediate apprehension of the operator is justifiably necessary.

40A.2 Officer Responsibilities

The pursuing officer considers the following factors in determining whether to initiate pursuit:

• the performance capabilities of his vehicle
• the condition of the road surface
• the amount of vehicular and pedestrian traffic in the area
• weather conditions
• the seriousness of the offense, the time of day, and the presence of other persons in the police vehicle
• allowances should be made for back-up units to arrive in close proximity prior to activating emergency equipment
• officers should be within close proximity to the suspect vehicle prior to activating the lights and siren. This is to reduce the chances of the suspect’s attempt to flee and elude the officer.

The initiating Officer and the authorizing supervisor shall continuously evaluate the circumstances, factors, and conditions during the pursuit. Whenever one of these factors changes, the decision to continue the pursuit shall be reevaluated by the supervisor who shall determine if the pursuit will continue or be terminated.

The pursuing officer shall immediately activate all emergency equipment during a pursuit, including the light bar, flashing headlights, and siren. The pursuing officer must also notify the dispatcher that a pursuit is underway and provides the following information:

• location, speed, and direction of travel of the fleeing vehicle
• description of the vehicle
• reasons, in brief, supporting the decision to pursue
• number and description of occupants (if known).

If another officer is assigned primary responsibility for the pursuit, the Officer, who initiated the pursuit, changes his role to that of back-up.

Any officer sustaining significant vehicular damage or failure of essential vehicle equipment discontinues the pursuit immediately.

     40A.2.1 Secondary Unit

If a secondary officer is involved in the pursuit, he shall have the same responsibilities as the initiating officer and shall assist him accordingly.

The Secondary unit will notify the Dispatch Center and the primary Officer of their involvement in pursuit.

• The Secondary Unit should maintain a safe distance from the primary unit while maintaining visual contact and close proximity of the pursuing vehicle.
• The Secondary Unit will suspend communications unless it becomes necessary to relay significant information and/or at the request of a supervisor.
• Should the primary vehicle become inoperable, the secondary unit will assume primary position.
• If a crash involving the public occurs, the secondary unit will stop to check for injuries and stay with the collision allowing another unit to become the secondary unit.

40A.3 Dispatcher Responsibilities

Upon notification that a vehicular pursuit is in progress, the dispatcher immediately informs the officer in charge of essential information. The dispatcher(s) performs the following activities and responsibilities during the pursuit:

• receive and record all information regarding the pursuit
• control all radio communications and clear the channel of all nonemergency radio traffic
• obtain the registration of the vehicle being pursued
• obtain maximum amount of information regarding the driver and occupants, if known
• coordinate and dispatch backup assistance under the direction of the supervisor on duty
• notify neighboring jurisdictions, where practical, when the pursuit may be extended into their locality.

40A.4 Supervisor Responsibilities

The supervisor assumes the responsibility for monitoring and controlling the pursuit as it progresses. He continuously assesses the incoming information to determine whether the pursuit should continue.

The supervisor’s control of the pursuit includes:

• directing pursuit vehicles into and out of the pursuit
• approval or disapproval and coordination of pursuit tactics
• approval or disapproval to continue the pursuit.

In determining the number of vehicles involved in the pursuit, the supervisor shall consider the following:

• the nature of the offense for which the pursuit was initiated
• the number of suspects and their propensity for violence
• the number of officers in pursuit vehicles
• any damage or injuries to vehicles or officers
• the number of officers required to make the arrest at the end of the pursuit
• any other relevant factors.

40A.5 Traffic Regulations during Pursuits

Each unit authorized to engage in vehicular pursuit activates all lights and the siren.

Officers engaged in the pursuit drive, at all times, in a manner exercising reasonable care for the safety of themselves and all other persons and property.

Officers engaged in an authorized pursuit are permitted to suspend conformance with normal traffic regulations during the pursuit, as long as reasonable care is used while driving in a manner not otherwise permitted, and the maneuver is reasonable and necessary to gain control of the suspect.

40A.6 Pursuit Tactics

Unless expressly authorized by a Lieutenant or above, pursuit is limited to those assigned as primary and designated backup vehicles. Officers are not otherwise permitted to engage in the pursuit or follow the pursuit on parallel roads.

40A.7 Roadblocks and Forcible Stops

Campus Police are prohibited from establishing fixed roadblocks in order to search for and apprehend a dangerous felon. Campus Police are also prohibited from using roadblocks to conduct random or targeted traffic checks.

Campus Police are prohibited from forcibly stopping vehicles in a manner such as intentionally striking, ramming, channeling, and or bumping a vehicle in motion.

Campus Police does not train officers in the “pit maneuver” or any other form of forcible stop tactics. Officers are prohibited from performing such maneuver(s).

40A.8 Termination of the Pursuit

The pursuit may be terminated at any time by the primary pursuit officer or a supervisor. A decision of the pursuing officer or supervisor to discontinue a vehicular pursuit will have the unequivocal approval of supervisors and administrators.

Pursuits are immediately terminated when any of the following occurs:

• weather, traffic conditions, or other factors, substantially increase the danger of the pursuit above that associated with the suspects escape
• the distance between the suspect vehicle and the pursuit vehicle(s) is so great that further pursuit is futile
• when the distance between the college and the pursuit is so great that radio communication between pursuing vehicle(s) and the dispatcher is about to be lost or has been sufficiently degraded so command and control is ineffective.

40A.9 Inter and Intra Jurisdictional Pursuits

The pursuing officer shall notify Dispatch when it is likely that a pursuit will continue into a neighboring jurisdiction. When the pursuit leaves the jurisdiction of Cuyahoga Community College, and when other jurisdictions have joined in the pursuit, Campus Police and Security Services officers will attempt to change their status from “lead” to back up and support. This action is taken in recognition that other agencies are likely to be more familiar with roadways and traffic conditions, and to ensure that the primary pursuing officer has full radio communication with his dispatcher and supervisor.

Officers must secure the approval of a supervisor before engaging in an intra Revised jurisdictional pursuit initiated by another agency. Officers involved in such pursuits are required to adhere to provisions of this directive.

40A.10 Reporting and Administrative Review

Vehicle Pursuit Reports will be completed as an incident report supplement in INTERBADge when Officers are engaged in any pursuit or roadblock as defined in this Directive.

Vehicle Pursuit Reports along with a copy of all related reports as a result of the incident will be submitted to the Patrol Lieu- tenant by the end of the officer’s tour of duty.

Vehicle Pursuit Reports that involve injury or property damage will be immediately brought to the attention of the appropriate Patrol Lieutenant.

The Patrol Lieutenant or his designee will review all Vehicle Pursuit Reports, reviewing the circumstances surrounding each submitted report and determining if the pursuit was within the directive. They will also make recommendations on amending the directive or revising training where applicable and submit, “out-of-directive” reports to the Chief of Police for further action.

40A.11 Critique

After the pursuit the Patrol Lieutenant or his designee will meet with all officers involved to critique the pursuit. The discussion should include the following:

• compliance with all related directives
• effectiveness of the pursuit
• other matters as applicable. 

40A.12 Annual Analysis

The Agency will conduct a documented annual analysis of all pursuit reports. The purpose of the analysis will be to reveal pat- terns or trends, which may indicate training needs or policy modifications. The annual analysis must be approved by the CEO.

40A.13 Annual Review

The agency shall conduct an annual review of policy and reporting procedures. The purpose of this review is to reveal patterns or trends that may indicate training needs and/or policy modifications. The annual review must be approved by the CEO.

40A.14 Training

All sworn officers hired by Cuyahoga Community College Campus Police shall receive initial training in the use of agency authorized pursuit procedures. This training may be formal or informal and will include application and updates of statutes, department procedures, and decision-making skills.

Additionally, a documented annual review of the pursuit policy shall be completed by all sworn personnel.

REFERENCE

Law Enforcement Standards

     Commission on Accreditation for Law Enforcement

     1.3.1, 1.3.2, 41.2.1j, 41.2.2, 41.2.3

     Intl. Assn. of Campus Law Enforcement Administration

     Campus law enforcement, security and public safety agency standards recommended for this       subject:

     None 

Appendices

     None