Police Department Policy

UCSF_03.43.02_-_Criminal_Wrongdoing_or_Seriou_35159

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 3.43 Internal Affairs Investigations 3.43.2 Criminal Wrongdoing or Serious Non -criminal Misconduct Investigations (Revised: 6/5/23 ) Any allegation of criminal wrongdoing or serious non -criminal misconduct not made against the Chief of Police will immediately be referred to the Chief via the chain of command. The Chief or his/her designee will review the allegation(s) and assign the investigation to a member higher in rank than the accused or refer the investigation to an outside investigator /review entity, depending on the seriousness and complexity of the investigation . When the investigation is assigned within the Department , the Chief or his/her designee will brief the investigator, his/her Division Manager and the involved member’s Division Manager. More than one investigator may be assigned to an investigation at the discreti on of the Chief. A. Criminal Misconduct: Criminal Investigations 1. A separate investigator, usually a detective under the direction of the FSD Commander or a designated outside agency , will be assigned to investigate criminal allegations against a member , in accordance with criminal investigative rules or procedures. The criminal investigation will be conducted separately from any administrative investigation , although they may proceed concurrently . 2. In an investigation of alleged crimi nal wrongdoing on the part of a member , the FSD Commander will maintain close liaison with the appropriate prosecutor’s office for legal advice and assistance in case preparation or with the outside agency conducting the investigation. 3. Any member who is charged with a criminal offense shall be advised of his/her Constitutional rights prior to or during an administrative interrogation . a. Any information or evidence that is administratively compelled from the member shall not be provided to any person involved in the criminal investigation nor to any charging agency, unless authorized by law and approved by the Chief of Police or his/her designee. B. Serious Non -criminal Misconduct: Administrative Internal Affairs Investigations Serious non-criminal misconduct is conduct such that, if the charge were sustained, the member(s) likely would be subject to discipline in excess of a three -day suspension and/or termination. 1. All administrative Internal Affairs investigations shall be logged into the Internal Affairs register and assigned a control number. A case file will be prepared by the PSD Commander. 2. Allegations of serious non -criminal misconduct will usually be investigated by the PSD as an administrative Internal Affairs. How ever, the Chief of Police may designate a more appropriate manager/supervisor as the investigator. 3. The primary responsibility for proper completion of the investigation lies with the complaint investigator. University of California, San Francisco Police Department General Orders 2 4. The investigator will commence the investig ation on the basis of the allegations contained in the complaint intake report. 5. The investigator will investigate and report all aspects of the case in a manner that is fair and impartial to all persons involved (i.e., the reporting person, witnesses and personnel), according to procedures set forth in General Order section 3.42, “Complaints: Administration and Processing” and in accordance with the FUPOA agreement . 6. The procedure for handling a llegations of serious non -criminal misconduct is outlined in General Order 3.42.4, “Complaint Intake, Acknowledgement and Investigation ,” Sections E and F.

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