Police Department Policy

UCSF_03.42.04_-_Complaint_Intake__Acknowledgm_267146

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 3.42 Complaints: Administration and Processing 3.42.4 Complaint Intake, Acknowledgment and Investigation (Revised: 10/2/23 ) A. A personnel complaint is defined as an allegation of misconduct or improper job performance by a UCSF Police Department employee that, if true, would constitute a violation of Department policy, University policy or federal, state or local law. The complai nt may be introduced by a member of the public, another Department member, an anonymous or second -hand complainant, a tort claim or lawsuit or the discovery of misconduct during the investigation of another complaint. An allegation or inquiry about emplo yee conduct that, even if true, would not constitute a violation of Department policy, University policy or federal, state or local law may be handled informally and shall not be considered a personnel complaint. To comply with federal, state and Univer sity requirements, it is important that the Department is responsive, maintains appropriate, timely communication with the complainant, member and involved outside entities/boards, conducts investigations in a timely manner and maintains complete and accur ate complaint logs and records , as required. B. Complaint Intake 1. Complaints may be submitted to the Department in a variety of ways, including via email, phone call or letter, on a UCSF Police Department Complaint or Compliment Form (available on the Department web site or at the public reception desk at 654 Minnesota S treet or 1855 Folsom St reet, San Francisco) or online on the UC Office of the President ’s EthicsPoint form . 2. The Department member who first receives an employee or citizen complaint or who becomes aware of misconduct by another member shall determine responsibility for initial intake as follows: a. If the supervisor of the personnel or service area that is the subject of the complaint/charge of misconduct is available, initial intake should be referred to that supervisor . b. If the supervisor of the pe rsonnel or service area that is the subject of the complaint/charge of misconduct is unavailable and the subject of the complaint/charge of misconduct is not the on -duty Watch Commander, initial intake should be referred to the on -duty Watch Commander. c. If the complaint/charge of misconduct is against the on -duty Watch Commander, initial intake should be referred to the Patrol Lieutenant or next higher officer in the chain of command. 3. Department members receiving a complaint made orally, either in pers on or by phone, shall make every effort to provide the necessary service in a courteous University of California, San Francisco Police Department General Orders 2 manner, meet the expectations of the complainant and avoid aggravating the situation . a. The Department member should collect the complainant’s name, contact informat ion and a statement from the complainant and record the information on a LEFTA complaint form if possible or, if unable to access LEFTA, record the information on a UCSF Police Department Complaint or Compliment Form. b. Should a complainant decline to complete a complaint form, the intake personnel shall document the complaint as fully and accurately as possible. 4. A complaint may be h andled as informal inquiry if a complainant’s concerns have been addressed and resolved to his/her satisfaction and the complaint does not involve any of the allegation s of misconduct listed below : a. Dishonesty related to the reporting, investigation or p rosecution of a crime or to the reporting or investigation of misconduct by a peace officer or custodial officer b. Abuse of power, including intimidating witnesses, knowingly obtaining false confessions and knowingly making a false arrest c. Physical abus e, including excessive or unreasonable use of force d. Sexual assault e. Demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability or other protected status f. Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law and respect the rights of members of the public g. Participation in a law enforcement gang h. Failure to cooperate with an investigation into potential police misconduct i. Failure to intercede when present and observing another officer using force that is clearly beyond that which is necessary [PC § 13510.8 ] j. Violation of Constitutional rights k. Neglect of duty l. Violation of gifts policy m. Insubordination. To process an informal inquiry, i ntake personnel shall : a. After filling out the complaint form as completely as possible, verify with the complainant that he/she: (1) Is satisfied with the outcome of the situation/action(s) taken to address his/her concerns (2) Understands that the complaint is being closed as an Informal Inquiry and that , as such, no subsequent investigati on will occur. University of California, San Francisco Police Department General Orders 3 b. If both are true, complete a UCSF Police Department Complaint or Compliment Form to serve as an Informal Inquiry Report, as outlined in Section C of General Order 5.16.17, “Informal Inquiries,” and place a copy in a complaint file. c. Provide the complainant with a copy of the completed complaint form. d. Mark the file “Resolved” and forward it

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