Policy Text
Policy
370Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentHearing Impaired/Disabled Communications -
1Hearing Impaired/Disabled Communications
370.1 PURPOSE AND SCOPE
This policy provides guidance to members when communicating with individuals with disabilities,
including those who are deaf or hard of hearing, have impaired speech or vision, or are blind.
370.1.1 DEFINITIONS
Definitions related to this policy include:
Auxiliary aids - These are used to communicate with people who are deaf, hard of hearing or
have impaired speech. They include, but are not limited to, the use of gestures or visual aids to
supplement oral communication; use of a notepad and pen or pencil to exchange written notes;
use of a computer or typewriter; use of an assistive listening system or device to amplify sound;
use of a teletypewriter (TTY), videophones (video relay service or VRS); or use of a qualified
interpreter.
Deaf or hard of hearing - An individual who has or is regarded as having substantially limited
hearing with or without assistance.
Qualified interpreter - A person who is able to interpret effectively, accurately and impartially,
both receptively and expressively, using any necessary specialized vocabulary. Qualified
interpreters include oral interpreters, translators, sign language interpreters and intermediary
interpreters.
370.2 POLICY
It is the policy of the Mountain View Police Department to reasonably ensure that people
with disabilities, including victims, witnesses, suspects and arrestees have equal access to law
enforcement services, programs and activities. Members must make efforts to communicate
effectively with individuals with disabilities.
The Department will not discriminate against or deny any individual access to services, rights or
programs based upon disabilities.
370.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR
The Police Chief shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107).
The ADA Coordinator shall be appointed by, and directly responsible, to the Field Operations
Captain or the authorized designee.
The responsibilities of the ADA Coordinator shall include, but not be limited to:
(a)Working with the City ADA coordinator regarding the Mountain View Police
Department's efforts to ensure equal access to services, programs and activities.
(b)Developing reports, new procedures, or recommending modifications to this policy.
(c)Acting as a liaison with local disability advocacy groups or other disability groups
regarding access to department services, programs and activities.
Mountain View Police Department
Mountain View PD Policy Manual
Hearing Impaired/Disabled Communications
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentHearing Impaired/Disabled Communications -
2(d)Ensuring that a list of qualified interpreter services is maintained and available to each
Watch Commander and Communications Operations Manager. The list should include
information regarding the following:
1.Contact information
2.Availability
(e)Developing procedures that will enable members to access auxiliary aids or services,
including qualified interpreters, and ensure the procedures are available to all
members.
(f)Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are
available free of charge to people with disabilities.
(g)Ensuring appropriate processes are in place to provide for the prompt and equitable
resolution of complaints and inquiries regarding discrimination in access to department
services, programs and activities.
370.4 FACTORS TO CONSIDER
Because the nature of any law enforcement contact may vary substantially from one situation
to the next, members of this department should consider all information reasonably available to
them when determining how to communicate with an individual with a disability. Members should
carefully balance all known factors in an effort to reasonably ensure people who are disabled have
equal access to services, programs and activities. These factors may include, but are not limited to:
(a)Members should not always assume that effective communication is being achieved.
The fact that an individual appears to be nodding in agreement does not always mean
he/she completely understands the message. When there is any doubt, members
should ask the individual to communicate back or otherwise demonstrate their
understanding.
(b)The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low
vision).
(c)The nature of the law enforcement contact (e.g., emergency vs. non-emergency,
custodial vs. consensual contact).
(d)The availability of auxiliary aids. The fact that a particular aid is not available does
not eliminate the obligation to reasonably ensure access. However, in an emergency,
availability may factor into the type of aid used.
370.5 INITIAL AND IMMEDIATE CONSIDERATIONS
Recognizing that various law enforcement encounters may be potentially volatile and/or
emotionally charged, members should remain alert to the possibility of communication problems.
Mountain View Police Department
Mountain View PD Policy Manual
Hearing Impaired/Disabled Communications
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentHearing Impaired/Disabled Communications -
3Members should exercise special care in the use of all gestures, and verbal and written
communication to minimize initial confusion and misunderstanding when dealing with any
individual with known or suspected disabilities.
In a non-emergency situation, when a member knows or suspects an individual requires
assistance to effectively communicate, the member shall identify the individual's choice of auxiliary
aid or service.
The individual's preferred communication method must be honored unless another effective
method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a)