policy-1008

Policy 1008University of California Irvine Police Department UC Irvine PD Policy Manual Copyright Lexipol, LLC 2024/10/28, All Rights Reserved. Published with permission by University of California Irvine Police DepartmentPolice Accountability - Personnel Complaints - 1Police Accountability - Personnel Complaints 1008.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation, and disposition of complaints regarding the conduct of UC Irvine Police Department (UCIPD) personnel, except for UCIPD represented dispatch personnel. Guidelines for reporting, investigation, and disposition of complaints regarding the conduct of represented dispatch personnel, personnel, will follow existing UCI Human Resources Policy and Procedure. This policy shall not apply to any interrogation, counseling, instruction, informal verbal admonishment, or other routine or unplanned contact of an employee in the normal course of duty by a supervisor or any other employee, nor shall this policy apply to an investigation concerned solely and directly with alleged criminal activities (Cal. Govt. Code § 3303(i)). 1008.2 POLICY The UCIPD takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state, and local law, municipal and county rules, and the requirements of any collective bargaining agreements. It is also the policy of this Department to ensure that the community can report misconduct without concern of reprisal or retaliation. 1008.3 PERSONNEL COMPLAINT DEFINED A personnel complaint consists of any allegation of misconduct or improper job performance against any UCIPD employee that, if true, would constitute a violation of Department policy, University policy, federal, state, or local law. Personnel complaints may be generated internally or by the public. Personnel complaints shall be classified in one of the following categories: Community Complaint Sworn Personnel – A complaint initiated by a person who is not an employee of the UCIPD against a sworn police officer, of allegations that, if true, would constitute misconduct, a violation of Department policy, University policy, federal, state, or local law. Such complaints will be investigated under the supervision of the Office of Ethics & Compliance and/or the Police Accountability Board (PAB). The Office of Ethics & Compliance will share the redacted investigation report and findings with PAB. The PAB, after review of the investigation report will provide the Chief of Police with recommendations on the findings. If the Chief of Police is the subject of the complaint, then the recommendation will be made to the appropriate Vice Chancellor for the Division, which oversees the police department, and who will provide the final disposition of matters regarding the Chief of Police. Community Complaint Non-sworn Police Department Employees – A complaint initiated by a person who is not an employee of the UCIPD against a non-sworn police department employee, of University of California Irvine Police Department UC Irvine PD Policy Manual Police Accountability - Personnel Complaints Copyright Lexipol, LLC 2024/10/28, All Rights Reserved. Published with permission by University of California Irvine Police DepartmentPolice Accountability - Personnel Complaints - 2allegations that, if true, would constitute misconduct, a violation of Department policy, University policy, federal, state, or local law. Such complaints may be investigated by a Department supervisor of a rank greater than the accused employee depending on the seriousness and complexity of the investigation, as determined by the Chief of Police or their designee. Internal Complaint – A complaint initiated by any member of the police Department that, if true, would constitute misconduct, a violation of department policy, University policy, federal, state, or local law. Such complaints may be investigated by a department supervisor of a rank greater than the accused employee, depending on the seriousness and complexity of the investigation, as determined by the Chief of Police or their designee. A complaint of employee conduct which, even if true, would not constitute a violation of any of the above may be handled informally by a Department supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures, or the response to specific incidents by the Department. Complaints involving allegations of sexual violence, sexual harassment, or discrimination on a protected basis will be referred to the Office of Equal Opportunity and Diversity (OEOD) for review and resolution. 1008.4 AVAILABILITY OF WRITTEN PROCEDURES The Department shall make available to the public a written description of the investigation procedures for complaints (Cal. Penal Code § 832.5). 1008.5 POLICE ACCOUNTABILITY BOARD (PAB) It is the intent of the University of California, Irvine (UCI) to develop and promote accountability, trust, and communication between the UCI, UCIPD, and campus communities. To that end, UCI established a Police Accountability Board (hereinafter referred to as "PAB") to impartially review redacted investigative reports related to allegations of police misconduct and make recommendations in a timely manner regarding community complaints filed against UCIPD personnel. The Chief of Police will ensure UCIPD cooperation with all investigations. Consistent with Cal. Penal Code sections 832.5 et seq, UCI has established procedures to investigate community complaints. The complaint procedures provide oversight and investigation by the Office of Ethics & Compliance, investigatory report review, recommendations by the PAB, and final determinations with respect to each complaint by the Chief of Police. If the Chief of Police is the subject of the complaint, then the final determination will be made