D23: Use of Force

Responsibility for Maintenance: Campus Safety & Security

I. Policy Statement 

The purpose of this policy is to establish procedures for the use of physical force by sworn officers of the Onondaga Community College Department of Campus Safety and Security and to establish procedures for reporting, investigating and evaluating the use of such force. 

II. Reason for Policy 

It is the policy of the Onondaga Community College Department of Campus Safety and Security to recognize the value of all human life and treat all persons with dignity without prejudice to anyone and to use a reasonable amount of force necessary in the performance of their duties. In addition:

• Sworn officers may use only that level of physical force necessary in the performance of their duties within the limits established by Article 35 of the New York State Penal Law and consistent with the training and policies of the Onondaga Community College Department of Campus Safety and Security. It is the responsibility of each officer to be aware of the requirements of Article 35 and justification in general, to ensure his/her actions are properly based upon law and Department policy and training.
• Each officer should be aware of the standard of objective reasonableness, established by the United States Supreme Court in Graham v. Connor 490 U.S. 386 (1989), and the factors for reasonableness which were discussed in part in Graham and other court decisions, as outlined in this policy. 
• Only issued or approved equipment will be carried on duty and deployed when encountering resistance, except in extreme emergency situations when an employee may use any justifiable resource at his disposal.
• The use of any active countermeasure, including but not limited to, pressure point control; the actively pointing or deploying a baton; the actively pointing of or deploying of a chemical agent, including but not limited to, oleoresin capsicum, pepper spray or tear gas is considered a use of physical force and will require a police report. Any use of force shall be documented in an officer’s incident report and when required, a "Use of Force Report" as outlined in this order.
• A Campus Peace Officer shall only use force when he/she believes it is necessary to do so in order to bring the incident under control.  Officers shall utilize de-escalation techniques, such as tactical communication before using force, when possible.

III. Applicability of the Policy 

This policy applies to all members of the campus community. 

IV. Contacts 

V. Definitions 

VI. Procedures 

When used, force should be only that which is objectively reasonable given the circumstances perceived by the officer at the time of the event.

1. Factors that may be used in determining the reasonableness of force include, but are not limited to:

• The severity of the crime or circumstances.
• The level and immediacy of threat or resistance posed by the suspect.
• The potential for the injury to citizens, officers, and suspects.
• The risk or attempt of the suspect to escape.
• The knowledge, training, and experience of the officer.
• Officer/subject considerations such as age, size, relative strength, skill level, injury or exhaustion and the number of officers or subjects.
• Other environmental conditions or exigent circumstances

​​​​​​​2.  ​​​​​​​Duty to Intervene - In order to maintain the trust placed in the department by the community, any member:

• Who observes another member of this department or member of another public safety agency engage in any unreasonable use of force shall intervene to prevent the use of unreasonable force, if and when the member has a realistic opportunity to do so.
• Who becomes aware of any violation of departmental policy, state or federal law or local ordinance shall intervene and notify a supervisor or the duty chief as soon as reasonably possible.

Prohibited Use of Force:

1. Any application of pressure to the throat, windpipe, neck or blocking the mouth or nose of a person in a manner that may hinder breathing, reduce intake of air, or obstruct blood circulation, is prohibited unless deadly physical force is authorized.

**Officers who obstruct breathing or blood circulation with intent to impede the normal breathing or circulation of the blood of another person, by: applying pressure on the throat or neck of such person; or blocking the nose or mouth of such person, or who use a chokehold or similar restraint, and thereby cause serious physical injury or death to another person, may be subject to criminal charges for aggravated strangulation pursuant to N.Y. Penal Law § 121.13-a.** 

2. The use of any technique restricting the intake of oxygen or blood circulation in an effort to recover ingested evidence or what is suspected to be evidence is prohibited.
3. Force shall not be used by an officer for the following reasons:
   • To extract an item from the anus or vagina of a subject without a warrant, except where exigent circumstances are present.
   • To coerce a confession from a subject in custody.
   • To obtain blood, saliva, urine or other bodily fluids or cells from an individual for the purposes of scientific testing in lieu of a court order where required.
   • Against persons who are handcuffed or restrained unless it is used to prevent injury, escape, or otherwise overcome active or passive resistance posed by the subject.

Procedure:

Duties of the Involved Officer

1. Whenever a person is under arrest or in custody of an officer, such officer has a duty to provide attention to the medical and mental health needs of that person, and obtain assistance and treatment of such needs, which are reasonable and provided in good faith under the circumstances.
2. Whenever physical force is employed and results in injury, or any force that a reasonable person would believe is likely to cause injury, or complaint of pain from the person in custody, or if the subject becomes unconscious the officer should do the following: 
   • Immediately evaluate the need for medical attention or treatment for the person upon whom the force was used. The officer shall arrange for such treatment by requesting emergency medical services when the person has sustained a visible injury, is unconscious, complains of injury or discomfort, requests medical attention or if pepper spray was deployed.
   • Provide immediate mental health needs to the person based upon the reasonable cause to believe that the person, who appears to be mentally ill, is conducting themselves in a manner which is likely to result in a serious harm to themselves or others in accordance with Standard Operating Procedure 9.7 “Interacting with Persons Suffering From Mental Illness”
   • If the person refuses to be treated, they must sign the refusal statement on the emergency medical service's Pre-hospital Care Report form. If the person refuses to sign, the refusal must be witnessed on the form. The subject's acceptance or refusal of medical care shall also be documented in the officer's police report. 
   • Attempt to locate and identify any witnesses, documenting their statements. 
   • Document and photograph all injuries. A photograph showing an absence of injury may be as important as one that shows injury. 
   • Report or cause to be reported all facts relative to the incident on an incident report, whether or not an arrest was made. In addition, complete a "Use of Force Report" when required as noted in this order. Prepare and submit required reports. 
   • When transporting individuals involved in contentious law enforcement actions or following the use of force incidents, consideration should be given to utilizing Campus Safety personnel not directly involved in the action, if feasible.
3. Officers involved in use of force incidents, on or off-duty, shall immediately notify the on-duty Associate Director of Campus Safety or Duty Chief in their absence. If the member is off-duty and outside the Onondaga Community College Campus when the use of force occurred, he/she shall also notify the police agency with jurisdiction for investigation of the incident.

​​​​​​​Duties of the Associate Director of Campus Safety and Security

​​​​​​​If on-duty the Associate Director shall immediately respond to the scene of the incident to ensure that: ​​​​​​​

1. The scene is safe and properly secured.

2. The officer involved receives necessary assistance, including medical treatment. 

3. The person upon whom the force was used receives necessary medical attention.

4. Any other injured persons receive medical attention if necessary. 

5. Thorough preliminary investigation of the use of force is conducted including, but not limited to: 

• Locating, interviewing, and deposing witnesses, including other officers on- scene.
• Conducting a neighborhood canvass if necessary.
• Documenting and photographing injuries and the lack of injuries to the officer and the person upon whom the force was used.
• Documenting the scene.
• Collecting and preserving physical evidence in accordance with SOP #14, “Collection and Preservation of Evidence.” 
• Debriefing the subject of the use of force and documenting any admissions.
• Debriefing the officer who used the force.
• Completing a supplement report detailing the supervisor’s investigation which shall be documented using the form titled, “Use of Force, supervisor review.”

​​​​​​​6. ​​​​​​​The Associate Director shall ensure that all reports, including a "Use of Force Report" when required, are prepared, and submitted.

7. The Associate Director shall make immediate notification to the Senior Vice President of Campus Safety in the event there is any injury to staff.  Additional notifications to Human Resources & Media Relations shall be determined and completed upon the discretion of the Senior Vice President.

8. In the event that an officer is unable to complete reports due to injuries, the Associate Director shall prepare or cause them to be prepared, along with his own reports of the incident. 

9. The Associate Director’s report, including all necessary paperwork (e.g., Use of Force Report, incident reports and all supplements, arrest reports; medical reports, statements) shall be forwarded to the Director of Campus Safety and Security.

10. The Associate Director shall ensure that the Director of Campus Safety is notified if as a result of a use of force:

• Injury is sustained or inflicted by a member of the department.
• A firearm was discharged, or deadly physical force was employed. 
• There is an allegation of misconduct on the part of a member of the department. 

Duty Chief Responsibilities

1. The Duty Chief shall respond to the scene when and if he/she deems appropriate.
2. In the absence of an on-duty Associate Director, the Duty Chief shall ensure that those tasks described in this order are accomplished. 

Use of Force Report

In addition to documenting a use of physical force in their report, officers shall prepare and submit a “Use of Force Report” when:

1. Actively pointing or deployed a chemical agent, including but not limited to, oleoresin capsicum, pepper spray.
2. Actively pointing or deployed an impact weapon, including, but not limited to, a baton or billy.
3. Actively pointing of a firearm.
4. Any conduct that resulted in, or is alleged to have resulted in, injury of another person.
5. The use of force involved acts such as striking, punching, kicking, K-9 bite or the use of pressure point controls. 
6. The person is charged with the crime of resisting arrest.
7. The officer is directed to complete a "Use of Force Report" by a superior officer.

​​​​​​​​​​​​​​​​​​​​​​​​​​​​If more than one officer is involved in the use of force, each officer shall complete a separate "Use of Force Report" describing the force used by that officer.

1. Physical force used against crowds or unknown persons shall be documented recording all possible information. 
2. If an officer is incapacitated, his/her supervisor shall prepare the use of force report based upon the supervisor's investigation of the incident. 
3. A superior officer shall review the “Use of Force Report” for completeness and accuracy. 
4. All other use of force reports, following initial supervisory review shall be directed to:
5. The Associate Director of Campus Safety and Security for review.
6. The Director of Campus Safety and Security for review and findings.

Evaluating the Use of Force

1. Both Associate Directors of Campus Safety shall review the incident to ensure that the use of force was objectively reasonable, authorized, necessary, not reckless, and therefore justified. Both Associate Directors of Campus Safety shall present their recommended findings to the Director.
2. The Director of Campus Safety and Security shall determine whether the use of force was:

• Within department policy and applicable laws. 
• In violation of department policy and/or applicable laws.

3. The Associate Director of Campus Safety shall annually submit to the Director of Campus Safety an analysis of all Use of Force incidents in order to identify:

• Patterns or trends that support training needs.
• Any equipment upgrades.
• Any recommended policy modifications.

Training

1. This standard operating procedure shall be reviewed during the field training program and then annually during in-service training for all sworn personnel.
2. All sworn members shall receive training in the use of de-escalation techniques during the field training program and additional training as determined by the department.

 Approved by the OCC Board of Trustees June 22, 2021