Police Department Policy

UCSF_01.01.09_-_Duty_to_Intercede_2818675

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 1.1 Law Enforcement Role and Authority: Law Enforcement Agency Role 1.1.9 Duty to Intercede (Revised: 1/18/24 ) A. All members of the UCSF Police Department have a duty to intercede, within the scope of their authority and training, and/or notify the appropriate supervisory authority any time they: 1. Observe another Department member or public safety associate engaging in any unreasonable use of force or 2. Become aware of a violation of departmental policy, federal or stat e law or local ordinance. To avoid damaging or completely losing the trust of the public in the Department, it is crucial that Department members understand what behaviors and actions are not allowed and respond to such actions in an appropriate and time ly fashion. B. Definitions 1. Excessive Force : A level of force that is found to have violated Penal Code § 835(a ) or the requirements on the use of force required by this section or any other law or statute . [Government Code § 7286( a)(2)] 2. Improper Governmental Activity (IGA) : Any activity by the University or a University employee that is undertaken in the performance of the employee's official duties and that is in violation of any State or federal law or regulation (including, but not lim ited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property or willful omission to perform duty), is economically wasteful, involves gross mis conduct, gross incompetence or gross inefficiency or significantly threaten the health and safety of employees or the public. 2. Intercede : Taking action in a way to that includes, but is not limited to: a. Physically stopping an excessive use of force, r ecording the excessive force with a body -worn camera and documenting the effort to intercede b. Making an effort to deescalate an offending officer’s excessive use of force c. Confronting the offending officer about the use of excessive force while he/she is in the act and reporting any continued excessive use of force to Dispatch or the on -duty Watch Commander. [Government Code § 7286( a)(4)] 3. Public Safety Associate : May include, but is not limited to, a member of a task force working with the Departme nt, a member of a law enforcement agency sharing jurisdiction with the Department, a Department volunteer or a representative of a support organization from the broader criminal justice system. 4. Retaliation : Demotion, failure to promote to a higher posi tion when warranted by merit, denial of access to training and professional development opportunities, University of California, San Francisco Police Department General Orders 2 denial of access to resources necessary for an officer to properly perform his/her duties or intimidation, harassment or threat of injury, either on or o ff duty. [Government Code § 7286( a)(6)] C. Department Personnel 1. As University employees, all Department members are expected to abide by the UC Standards of Ethical Conduct . 2. Members shall report any observed violation of law or policy by a Department member or public safety assoc iate to a sworn member of Command Staff. 3. Members should report any IGA not involving a violation of law or policy to the UC Whistleblower . D. Sworn Personnel 1. All sworn personnel commit to uphold the Law Enforcement Oath of Office and the Law Enforcement Code of Ethics when they join the UCSF Police Department and agree to abide by and uphold the U.S. and State Constitutions, federal and state laws and University rules and regulations. 2. Sworn officers who are present and observe the excessive use of force by another law enforcement officer are obligated, by state law and Department policy, to intercede and report the situation to a superior officer; specifically: a. A sworn officer must immediately report potential excessive force to a superior officer when present and observing another officer using force that the officer believes is beyond that which is necess ary, as determined by an objectively reasonable officer under the circumstances , based upon the totality of information known to the officer . [Government Code § 7286(b)( 3)] b. A sworn officer must intercede when present and observing another officer using force that is clearly beyond that which is necessary , as determined by an objec tively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by the subject . [Government Code § 7286(b)(9)] c. A sworn officer who is present and obser ves another officer using excessive force shall intercede to prevent the use of unreasonable force and report his/her observations to the on -duty supervisor as soon as feasible . (General Order 4.3.1, "Use of Force") 3. Officers observing behavior that sug gests another member is about to engage in activity that is in violation of law or Department policy will, whenever possible, take action to prevent the activity. 4. Officers observing another member in the act of verbally or physically abusing another per son shall intercede when it is safe to do so. University of California, San Francisco Police Department General Orders 3 E. Non-sworn Personnel 1. Non-sworn Department members commit to abide by a code of ethical standards, which includes adhering to federal, state and local laws and University rules and regulations. (

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