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SMCCCD Home Public Safety Public Safety Policy Manual Chapter 3 - General Operations

Chapter 3 - General Operations

Policy 300: Use of Force

300.1   PURPOSE AND SCOPE

This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286). Although officers have a right to protect themselves and/or others from being injured, it is the policy of the San Mateo Community College Department of Public Safety to immediately notify local law enforcement to respond in any instance where there is potential use of force is likely to occur. In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques policy.

300.1.1   DEFINITIONS

Definitions related to this policy include:

  • Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a).
  • Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Government Code § 7286(a)).
  • Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained.
  • Serious bodily injury - A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement (Penal Code § 243(f)(4)).
  • Totality of the circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a).

300.2   POLICY

The use of force by campus security personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties.

Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties.

The Department of Public Safety recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests.

300.2.1   DUTY TO INTERCEDE

Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor.

300.2.2   FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether or not to apply any level of force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration. These factors include, but are not limited to:

  1. The conduct of the individual being confronted (as reasonably perceived by the officer at the time).
  2. Officer/subject factors (age, size, relative strength, skill level, injury/exhaustion and number of officers vs. subjects).
  3. Influence of drugs/alcohol (mental capacity).
  4. Proximity of weapons.
  5. Time and circumstances permitting, the availability of other options (what resources are reasonably available to the officer under the circumstances).
  6. Seriousness of the suspected offense or reason for contact with the individual.
  7. Training and experience of the officer.
  8. Potential for injury to citizens, officers and suspects.
  9. Other exigent circumstances. While various degrees of force exist, each officer is expected to use only that degree of force reasonable under the circumstances to defend the officer or others from imminent attack.

300.2.3   FAIR AND UNBIASED USE OF FORCE

Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)).

300.2.4   PERSPECTIVE

When observing or reporting force used by a law enforcement officer or campus security, each officer should take into account the totality of the circumstances and the possibility that other law enforcement or campus security officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)).

300.3   USE OF FORCE

Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).

The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)).

It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate public safety or law enforcement purpose.

While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1   FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (a) (b) (c) (d) (e) (f) (g)

  1. Immediacy and severity of the threat to officers or others.
  2. The conduct of the individual being confronted, as reasonably perceived by the officer at the time.
  3. Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects).
  4. The effects of drugs or alcohol.
  5. Subject's mental state or capacity.
  6. Proximity of weapons or dangerous improvised devices.
  7. The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
  8. The availability of other options and their possible effectiveness.
  9. Seriousness of the suspected offense or reason for contact with the individual.
  10. Training and experience of the officer.
  11. Potential for injury to officers, suspects and others.
  12. Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer.
  13. The risk and reasonably foreseeable consequences of escape.
  14. The apparent need for immediate control of the subject or a prompt resolution of the situation.
  15. Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others.
  16. Prior contacts with the subject or awareness of any propensity for violence.
  17. Any other exigent circumstances.

300.3.2   PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider:

  1. The degree to which the application of the technique may be controlled given the level of resistance.
  2. Whether the person can comply with the direction or orders of the officer.
  3. Whether the person has been given sufficient opportunity to comply.

The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved.

300.4   DEADLY FORCE APPLICATIONS

If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers should evaluate the use of other reasonably available resources and techniques when determining whether to use deadly force. The use of deadly force is only justified in the following circumstances (Penal Code § 835a): (a) An officer may use deadly force to protect him/herself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person. Officers shall not use deadly force against a person based on the danger that person poses to him/ herself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a).

An "imminent" threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a).

300.4.1   MEDICAL ATTENTION FOR INJURIES SUSTAINED USING FORCE

Medical assistance shall be obtained for any person who has sustained visible injury, expressed a complaint of injury or continuing pain, or who has been rendered unconscious. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by law enforcement, fire personnel, paramedics, hospital staff. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practical, should be witnessed by another officer and/or medical personnel. Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond physical characteristics, unusually high tolerance to pain or who require a protracted physical encounter with multiple officers to bring under control may be at an increased risk of sudden death and should be examined by qualified medical personnel as soon as practicable.

300.5   REPORTING THE USE OF FORCE

Any use of force by a member of this department shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation.

300.5.1   NOTIFICATION TO SUPERVISORS

Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances:

  1. The application caused a visible injury.
  2. The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
  3. The individual subjected to the force complained of injury or continuing pain.
  4. The individual indicates intent to pursue litigation.
  5. Any application of a control device.
  6. Any application of a restraint device other than handcuffs.
  7. The individual subjected to the force was rendered unconscious.
  8. An individual was struck or kicked.
  9. An individual alleges any of the above has occurred.

300.6   MEDICAL CONSIDERATION

Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel or paramedics. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable.

300.7   SUPERVISOR RESPONSIBILITY

When a supervisor is able to respond to an incident in which there has been a reported application of force by a Public Safety Officer, the supervisor is expected to:

  1. Obtain the basic facts from the involved officers.
  2. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties.
  3. Ensure that any injured parties are examined and treated.
  4. Once any initial medical assessment has been completed or first aid has been rendered. Photographs should be taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired.
  5. Identify any witnesses not already included in related reports.
  6. Review and approve all related reports.
  7. Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit.

300.8   TRAINING

Subject to available resources, the Training Manager should ensure that officershave successfully completed department approved training on de-escalation tactics, including alternatives to use of force, as needed or required by law.

Training should also include (Government Code § 7286(b)):

  1. Guidelines regarding vulnerable populations, including but not limited to children, elderly persons, pregnant individuals, and individuals with physical, mental, and developmental disabilities.
  2. Training courses required by and consistent with POST guidelines set forth in Penal Code § 13519.10.

300.9   POLICY REVIEW

The Chief/Director of Public Safety or the authorized designee should update this policy, as needed or required by law.

 

Policy 301: Control Devices and Techniques

301.1   PURPOSE AND SCOPE

This policy provides guidelines for the use and maintenance of control devices that are described in this policy.

301.1.1   WHEN DEVICES MAY BE USED

When a decision has been made to defend yourself or others from a violent or threatening individual, an approved control device may only be used when its use appears reasonable under the circumstances.

301.1.2   TRAINING

  1. Officers trained and having adequate proficiency in the use of any control device and this agency's Use of Force policy are authorized to carry the device.
  2. Training for control devices should occur as needed or required by law.
  3. Training and proficiency for control devices will be documented in the officer's personnel file.
  4. Officers failing to demonstrate proficiency with a control device or knowledge of this agency's Use of Force policy will be provided remedial training. If, after two additional testing attempts, an officer still cannot demonstrate proficiency with such remedial training and knowledge of this agency's Use of Force policy, the officer is not authorized to carry the device until proficiency can be demonstrated.

301.2   ISSUING, CARRYING AND USING CONTROL DEVICES

Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief/Director of Public Safety or the authorized designee.

Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device.

Control devices may be used to protect officers or others from what he/she reasonably believes would be in imminent threat of death or serious bodily injury by a subject who is violent and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices.

When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets.

Officers are authorized to carry and use when appropriate the department issued, OC/Pepper Spray/gel and have an option to carry a medium-sized or smaller knife which is not provided by the District..

All personnel authorized to carry oleoresin capsicum spray/gel, shall have successfully completed department-approved training prior to possessing and using the oleoresin capsicum spray/gel.

All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices.

Any damaged, inoperative, outdated or expended control devices, along with documentation explaining the cause of the damage, shall be returned to a supervisor for disposition.

301.3   RESPONSIBILITIES

301.3.1   TREATMENT FOR OC SPRAY/GEL EXPOSURE

Medical personnel will be summoned for all persons affected by the use of chemical agents.

301.3.2   REPORT OF USE

All uses of chemical agents shall be documented in the related incident report.

301.3   OLEORESIN CAPSICUM (OC) GUIDELINES

As with other control devices, oleoresin capsicum (OC) spray/gel may be considered for use to protect officers or others from what he/she reasonably believes would be in imminent threat of death or serious bodily injury by an individual or groups of individuals who are engaging in violent behavior. OC spray/gel should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public.

301.3.1   OC SPRAY/GEL

Uniformed personnel carrying OC spray/gel shall carry the device in its holster on the equipment belt. Management personnel may carry OC spray/gel as authorized.

 

Policy 302: Officer Response to Calls

302.1   PURPOSE AND SCOPE

This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated.

302.2   REQUESTING EMERGENCY ASSISTANCE

Requests for emergency assistance should be limited to those situations where the involved personnel reasonably believe that there is an immediate threat to the safety of officers, or assistance is needed to prevent imminent serious harm to others. If circumstances permit, the requesting officer should give the following information:

  • The unit number
  • The location
  • The reason for the request and type of emergency

302.3   COMMUNICATIONS RESPONSIBILITIES

A dispatcher shall assign an urgent response when an officer requests emergency assistance or available information reasonably indicates that the public is threatened with serious injury or death and immediate police response is needed. The dispatcher shall:

  1. Immediately notify the Supervisor, Lieutenant or Captain.
  2. Confirm the location from which the unit is responding
  3. Notify and coordinate allied emergency services (e.g., law enforcement, fire and ambulance)
  4. Continue to obtain and broadcast information as necessary concerning the response and monitor the situation until it is stabilized or terminated

 

Policy 303: Major Incident Notification

303.1   PURPOSE AND SCOPE

Incidents that are of significant nature and that fall into listed criteria require notification to certain members of this department. It is critical that command staff members are informed of critical incidents.

303.2   POLICY

The San Mateo County Community College District - Department of Public Safety recognizes that critical incidents must be brought to the attention of command staff facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed.

303.3   MINIMUM CRITERIA FOR NOTIFICATION

Most situations where the media show a strong interest are also of interest to the Chief/Director of Public Safety and the affected Command Staff. The following list of incident types is provided as a guide for notification and is not intended to be all inclusive: • Homicides • Traffic accidents with fatalities • Significant injury or death to employee - on or off duty • Death of a prominent San Mateo County Community College District Department of Public Safety official • Arrest of a department employee or prominent San Mateo County Community College District Department of Public Safety official • Aircraft crash with major damage and/or injury or death • In-custody deaths

303.4   SUPERVISOR RESPONSIBILITY

The Supervisor or designee is responsible for making the appropriate notifications. The Supervisor shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Supervisor shall attempt to make the notifications as soon as practicable.

Policy 304: District Video Surveillance System

304.1   PURPOSE AND SCOPE

This policy provides guidance for the placement and monitoring of district surveillance, as well as the storage and release of the captured images.

304.2   POLICY

The district video surveillance system complements its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance district safety and security in public areas. Cameras may be placed in strategic locations throughout the District to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters and to assist District officials in providing services to the community.

Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy.

304.3   OPERATIONAL GUIDELINES

Only department-approved video surveillance equipment shall be utilized. Members authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Chief/Director of Public Safety or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 304.3.1   PLACEMENT AND MONITORING Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. Environmental factors, including lighting, location of buildings, presence of vegetation, or other obstructions, should also be evaluated when determining placement. The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around high-value or high-threat areas. The district surveillance system may be useful for the following purposes:

(a) To prevent, deter, and identify criminal activity.

(b) To respond to critical incidents.

(c) To assist in identifying and correcting safety hazards.

(d) To document officer and offender conduct during interactions to safeguard the rights of the public and officers.

(e) To augment resources in a cost-effective manner. 

(f) To monitor pedestrian and vehicle traffic activity.

Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding officers in a timely manner. The Supervisor or trained personnel in Dispatch are authorized to adjust the cameras to more effectively view a particular area for any legitimate safety purpose.

Unauthorized recording, viewing, reproduction, dissemination, or retention is prohibited.

304.4   STORAGE AND RETENTION OF MEDIA

Storage and retention of media shall be in accordance with District policy.

304.4.1   PUBLIC AND OTHER AGENCY REQUESTS

Requests for recorded video images from other government agencies or by the submission of a court order or subpoena shall be promptly submitted to District Administration. Video images captured by district cameras that are requested by the public or media will be made available only to the extent required by law. Except as required by a valid court order or other lawful process, video images requested under the Public Records Act will generally not be disclosed to the public when such video images are evidence in an ongoing criminal investigation in which a disposition has not been reached.

304.5   TRAINING

All department members authorized to operate or access district surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy.