Addressing 8 Can't Wait

The mission of the University Police Department (UPD) is to provide a safe environment for our campus community through proactive, progressive, and professional law enforcement services. As calls for police reform sweep the nation, we want to ensure our policies (PDF) are up to date and appropriate, and to offer the following clarity and updates in response to the “8 Can’t Wait” campaign recommendations.

Addressing 8 Can't Wait Flyer (PDF)

Already in Place: Effective June 12, 2020, UPD Chief John Reid and police chiefs from all 23 CSU campuses banned the use of and training in(opens in new window) the carotid restraint. Our Use of Force Policy is being updated to reflect this change.

Already in Place: Existing UPD policy and Senate Bill 230(opens in new window), approved in September 2019, require officers to be trained in and to use de-escalation techniques, crisis intervention tactics, and other alternatives before using force. Officers must also conduct all duties in a manner that is fair and unbiased. Additionally, UPD officers have been trained in de-escalation of situations that may be related to mental health or controlled substance use.

Already in Place: UPD policy and Assembly Bill 392(opens in new window), approved in August 2019, require officers to identify themselves as a peace officer and provide verbal warnings, when feasible, to make reasonable efforts to warn that deadly force may be used. This requirement is consistent with federal case law.

Already in Place: UPD policy only permits the use of deadly force when:

1. 1. An officer reasonably believes deadly force is necessary to protect the officer or another from a threat of imminent death or serious bodily injury, or

   2. To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, the officer shall, prior to using force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.

Already in Place: UPD policy and Senate Bill 230 expressly require officers to intervene and stop force that is clearly beyond that which is necessary or objectively reasonable if they observe it occurring. Policy also requires every officer to report any excessive force to a supervisor. This provision is consistent with federal law.

Already in Place: UPD policy expressly prohibits shooting at vehicles except in life-threatening circumstances. The policy states that officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes no other reasonable means are available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable it.

We Practice Higher Standards: The use of force continuum is a largely outdated model that has proven impractical and even dangerous. It has been replaced by a more knowledgeable and science-based approach that focuses on requiring officers to create space and separation to utilize de-escalation techniques.

UPD policy specifically states that officers shall use only that amount of force reasonably necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).

Already in Place: UPD has a comprehensive use of force review policy, available for review within its General Orders (PDF). Additionally, Senate Bill 230 requires comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, as well as requiring officers to report excessive force they witness, and since 2015, Assembly Bill 71 has required statewide detailed reporting requirements on serious use of force incidents.

In adherence to our mission and with these requests in mind, UPD has and will continue to review our policies and procedures and makes frequent changes to our policy manual when appropriate. We are also evaluating our training procedures and exploring training opportunities to enhance the skills of our staff.