ADMINISTRATIVE RULE NO: 5095-05

RELATED TO POLICY SERIES NO: 5095

TITLE: PUBLIC SAFETY INCIDENT RESPONSE POLICY

PURPOSE

It is the intent of Linn-Benton Community College, consistent with college mission and goals, to proactively make every effort to ensure the health and safety of its students, staff, and the public in general. Public Safety employees may encounter instances where use of physical force is necessary for self-protection or protection of others. The Public Safety Incident Response policy has been established to direct LBCC Public Safety employees in the type and timing of physical force used in the course of duty. LBCC’s Public Safety department will coordinate with local, state, and federal law enforcement agencies to ensure any public safety situation is responded to with the appropriate level of force. LBCC Public safety officers will defer to commissioned law enforcement officers on site when the incident escalates to a point of physical intervention, if possible.

STATEMENT:

ORS 161.205 states that the use of physical force upon another person, that would otherwise constitute an offense, is justifiable and not criminal under the following circumstances: Physical force may be used to the level required to bring the situation under control and be applied for as long as needed to maintain control.

TYPES OF PHYSICAL FORCE AUTHORIZED FOR LBCC PUBLIC SAFETY

  1. Physical Restraint:
    Physical contact of a person by an LBCC Public Safety officer where the purpose of the contact is to control the physical actions of that person. Physical restraint may include but is not limited to take down, arm and wrist come-alongs, punches, kicks, and physical restraint holds;
  2. Oleoresin Capsicum (OC spray):
    Pepper based chemical designed to temporarily incapacitate a person or animal;
  3. ASP Baton:
    21 inch telescoping metal baton; and
  4. Handcuffing:
    Considered a form of restraint and force.

WHEN PHYSICAL FORCE MAY BE USED

  1. A LBCC Public Safety employee  is justified in using physical force upon another person for self-defense or to defend a third person from what is reasonably believed to be the use or imminent use of unlawful physical force, and may use a degree of force which is reasonably believed to be necessary for the purpose (ORS 161.209).
  2. A LBCC Public Safety employee, acting under a reasonable belief that another person is about to commit suicide or inflict serious self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result. ORS 161.205 (4)
  3. A LBCC Public Safety employee who has been directed by a peace officer to assist in making an arrest or prevent an escape from custody is justified in using physical force when and to the extent it is reasonably believed necessary to carry out the peace officer’s direction. ORS 161.249 (2).
  4. A LBCC Public Safety employee acting on his/her own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225. ORS 161.255.

PROCEDURES

  1. Use of force is a serious decision employed by a LBCC Public Safety employee and is to be considered so during the reporting, documentation, and follow-up of an incident where physical restraint or self-defense was utilized.
  2. Before physical force may be used, other means of control should take precedence, including:
    1. Presence - the LBCC Public Safety employee’s physical presence;
    2. Voice – de-escalation techniques employed and voice command giving direction or instruction;
    3. Backup - having the presence of more than one officer under physical force conditions. The LBCC Public Safety employee should consider the use all other means of intervention prior to using physical force. This may include backing out of a volatile situation to wait for backup if voice commands and the employee’s presence do not bring the situation under control.
  3. At no time will a LBCC Public Safety officer or employee leave his or her shift where an altercation, force, physical restraint, or defensive tactics were used prior to reporting orally and by written report a complete, detailed, and factual account of the event or incident unless the officer or employee must first seek immediate medical attention.
  4. Department of Safety and Loss Prevention Director contact:
    1. A LBCC Public Safety employee who uses force will immediately notify the Department of Public Safety Director.
    2. If the Department of Safety and Loss Prevention Director is not available, the employee will inform the Loss Prevention Coordinator.
    3. If the Loss Prevention Coordinator cannot be contacted, the Vice President of Finance & Operations will be notified.

  5. Use of OC:
    OC is a defensive tool to be used only when, in the judgment of the LBCC Public Safety employee, lesser physical force means would be insufficient to bring the situation under control. The following conditions must be in place prior to an Public Safety employee being certified to carry OC.
    1. All Public Safety employees  must complete a certified training class and recertification annually on OC.  It shall, at a minimum, include:This training must be documented and included in the employee’s personnel file.        
      1. Training on the effects of OC on a person.
      2. First Aid and training on how to recognize the effects of OC on a person.
      3. Training on the appropriate use and safety precautions to be followed.
      4. The Use of Force continuum and training on when it is appropriate to use OC.
      5. Instruction on the chemical makeup of the agent OC.
    2. This training must be documented and included in the employee’s personnel file.
    3. Public Safety employees shall only be authorized to carry canisters purchased and issued by the LBCC Department of Public Safety. No personal canisters shall be authorized.
    4. All canisters of OC shall remain in a secure area, unavailable to visitors or untrained personnel.
    5. Public Safety employees shall not take OC home.
    6. A complete inventory shall be maintained of all canisters and purchases by the department. Records and inventory of OC canisters must be on file.
    7. Any canister that is discharged in any amount must be immediately documented in a full Use of Force report and investigated to the fullest extent. Such a report and information must be provided to the Department of Safety and Loss Prevention Director immediately.
    8. No personnel shall discharge the canister on any inanimate object without authorization.
    9. No personnel shall discharge a canister on an animal except in situations where the animal is an imminent threat to the safety of any person or another animal.
    10. Any violation of the appropriate use, after full investigation, shall subject employees to disciplinary action up to and including dismissal from service.
  6. Use of ASP Baton:
    The ASP Baton is a defense tool for protection from physical attack and can only be used when the LBCC Public Safety officer’s training indicates that lesser physical force means would be insufficient to protect oneself or others. The following conditions must be in place prior to an officer being certified to carry and ASP Baton.
    1. All officers must complete a certified training and annual recertification on the ASP. Training shall include, at a minimum:
    2. Officers shall only be authorized to carry batons purchased and issued by the LBCC Department of Public Safety. No personal batons shall be authorized.
    3. Officers are not allowed to display the ASP Baton other than when encountering threatening situations.
    4. Officers displaying at any time or using the ASP Baton on any person or animal are to immediately notify the Director of Safety & Loss Prevention and document this in a report.
    5. Any use of the ASP Baton must be immediately documented in a full use of force report and investigated to the fullest extent. The investigative report must be provided to the Director of Safety & Loss Prevention.
    6. Violation of appropriate use, after full investigation, shall result in disciplinary action up to and including dismissal from service.
  7. Use of Handcuffs:
    Handcuffs shall only be used as a restraint under the following conditions:
    1. A sworn law enforcement officer requests your assistance in detainment.
  8. Physical Restraint:
    1. Should be used only when, in the judgment of the LBCC Public Safety employee, lesser use of force options would be insufficient to bring the situation under control. This includes officer backup, command presence, and voice command.
  9. At no time is a LBCC Public Safety employee to coerce, threaten, or entice a person or persons to engage in physical force. If, after an investigation, an employee is found to have done so, the employee will be subject to disciplinary action up to and including dismissal from service.

 

Incident Response Model

Incident Response Model 

All LBCC Public Safety employees will be required to annually receive instruction on verbal de-escalation to include consideration of mental health, physical disabilities, cultural or racial differences, and other mitigating factors. Employees will complete annual certification on handcuffing, OC, and ASP Baton.

REPORTING

Incidents involving the use of physical force or altercation shall be reported verbally and in writing the same day, prior to leaving shift.

 The written Use of Force report must include:

  1. Synopsis: A complete description of the incident.
  2. People involved: A list of persons involved in the incident noting their status – staff, student, police, subject, or other persons.
  3. Injuries or damage to personal, public, or private property: including a statement of any medical treatment required
  4. Details and facts: A detailed and factual description of the incident to include the reasoning for use of physical force.
  5. A departmental supervisor will prepare and attach a brief written analysis of the incident.
  6. The Use of Force Report form shall be used for all incidents where employees use force on another at a level at or above the “Empty Hand Control Techniques” or higher level on the Use of Force Continuum.
  7. A Public Safety Incidence Response Review Committee shall be convened at any time physical force is employed. The committee shall consist of the Vice President, Finance and Operations; Director, Human Resources; Dean of Students; and the Director of Safety & Loss Prevention.

DATE OF ADOPTION: 5/3/18
DATE(S) OF REVISION(S):
DATE OF LAST REVIEW: