D24 Use of Deadly Force

Responsibility for Maintenance: Campus Safety & Security

I. Policy Statement 

The purpose of this procedure is to establish policy and guidelines governing the use of deadly 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. Sworn members should make every effort to adhere to the sanctity of life, valuing and preserving human life in all situations when possible.

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 prevent the unnecessary loss of human life. Officers shall only use the minimum amount of force necessary to effect lawful objectives and shall try to de-escalate situations before using force.

III. Applicability of the Policy 

This policy applies to all members of the campus community. 

IV. Contacts 

V. Definitions 

VI. Use of Deadly Physical Force

1. Deadly physical force shall not be used to effect an arrest of a person unless the officer has probable cause to believe that:

1.  
   • The offense committed by such person (“perpetrator”) was a felony or an attempt to commit a felony, and;
     • The offense involved the use, attempted use, or threatened imminent use of deadly physical force against a person;
     • In the course of resisting arrest or attempting to escape from custody, the perpetrator is armed with a firearm or deadly weapon
   • Regardless of the particular offense which is the subject of the arrest or attempted escape, an officer may use deadly physical force to defend the officer or another person from what the member reasonably believes to be the use or imminent use of deadly physical force.
2. It is the responsibility of each officer to be aware of the requirements of Article 35 of the New York State Penal Law and the standard of objective reasonableness, established by the United States Supreme Court in Graham v. Connor to guide his/her actions based upon that law, department policy and training. As the Supreme Court has recognized, this inquiry embodies “allowance for the fact that Police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation.”     
3. The primary consideration in the employment of deadly physical force is justification.  The fact that a Peace officer is justified in using deadly physical force does not allow reckless conduct by the Peace officer if the use of deadly physical force may injure innocent persons whom he/she is not seeking to arrest or retain in custody. 
4. The discharge of a firearm will always be considered to be the use of deadly physical force, unless the projectile is an impact munition deployed from a dedicated platform.
5. The indiscriminate and careless use of firearms is strictly prohibited. 
6. Deadly physical force can be expanded to include the use of non-lethal weapons and force if the intent is to cause serious physical injury. This shall include, but is not limited to impact weapons, chemical agents, flashlights, motor vehicles and bare hands. 
7. 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.
8. Only Department issued and/or approved firearms or impact weapons will be carried on duty and used when encountering resistance, except in extreme emergency situations when an officer may use any justifiable resource at his/her disposal. 
9. Officers should provide a warning prior to the use of deadly physical force when possible.

Guidelines

1. Training - All sworn members shall receive instruction regarding the use of deadly force, and be provided a copy of this procedure, and shall familiarize themselves with pertinent sections of Article 35 of the New York State Penal Law prior to receiving authorization to carry firearms or batons. All sworn members shall review this standard operating procedure and receive annual, in-service training in the use of deadly physical force.
2. De-Escalation Techniques - Officers should utilize de-escalation techniques, such as tactical communication, when reasonable, appropriate, and not prevented by physical environment, distance, or other situational circumstances.
3. Drawing and Displaying Weapons - The drawing or displaying of an officer's weapon represents escalation toward the use of deadly physical force, increasing the risk of accidental discharge or weapon loss, and may contribute to fear or panic. Officers are justified in removing firearms from holsters and/or gun mounts if: 
   • The member reasonably believes that the situation poses or may pose an immediate threat of death or serious physical injury to the officer or another person; and/or
   • There is justification to use deadly physical force against a person.
4. Warning Shots - Warning shots are prohibited under any circumstances. 
5. Moving Vehicles - Discharging a firearm at a moving vehicle is prohibited unless the officer reasonably believes that the occupants of the vehicle are using or about to use deadly physical force against the officer or another person and all other options have been exhausted. Officers should note that a motor vehicle presents a formidable shield against most firearms and if the officer disables the operator the vehicle can be expected to continue uncontrolled creating a hazard to officers and the public. 
6. Animals - Officers are justified in discharging firearms to destroy an animal for self-defense, to prevent substantial harm to the officer or another or when the animal is so badly injured that humanity requires its relief from further suffering. The Associate Director or Duty Chief if no Associate Director is on-duty, shall be notified as soon as practical whenever a firearm is discharged to destroy an animal.
7. Fleeing Felons - Officers may use deadly physical force against fleeing felons only when the use of deadly physical force is necessary to effect the arrest or to prevent the escape from custody a person whom the officer reasonably believes to have committed an offense listed in Article 35 of the New York State Penal Law and the use of deadly physical force is necessary to defend the officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force by the offender.
8. Risk to Innocent Persons - Officers are prohibited from discharging firearms when it appears likely that an innocent person in the immediate line of fire may be injured.
9. 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. 

Determining the Objective Reasonableness of Force

1. When used, force should be only that which is objectively reasonable given the circumstances perceived by the officer at the time of the event.
2. 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.

Procedure

1. Officers involved in the use of deadly physical force, on or off-duty, shall immediately notify the Director of Campus Safety or Duty Chief in his/her absence after notifications to a 911 Center have been made. This requirement shall apply to all firearms discharges except for the following instances:
   • Authorized training.
   • Target practice.
   • Hunting.

**Officers are required, pursuant to NYS Executive Law 837-v, to make a verbal report to their supervisor within six hours and a written report within 48 hours of any discharge of his/her weapon while on duty or off duty under circumstances wherein a person could be struck by a bullet from the weapon, including situations wherein such officer discharges his/her weapon in the direction of a person.

2. Officer-Involved Incidents  Whenever deadly physical force is employed or where a firearm was discharged at a suspect, the officer shall 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, or requests medical attention, or if pepper spray was deployed.
   • Notify the Control Center of the incident and location. 
   • Request assistance as needed.
   • Notify the Director of Campus Safety, along with additional notifications as outlined in Standard Operating Procedure 11.10 “Emergency Notifications”. 
   • Isolate a radio channel if needed.
   • Provide immediate mental health needs to the person based upon the reasonable cause to believe that the person, who appears to be a person in crisis, 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.”
   • Limit further communications regarding the incident to telephones if possible. 
   • Secure the incident scene and act to protect all physical evidence and to identify all potential witnesses. 
   • Remain at the scene (unless injured) until the arrival of the appropriate supervisory staff (Director or Associate Director). However, if the circumstances are such that his/her continued presence at the scene might cause a more hazardous situation to develop (violent crowd), the Director or Associate Director at the scene shall have the discretion to instruct the officer to respond to another more appropriate location. 
   • Protect his/her weapon for examination. 
   • Brief the Director / Associate Director of the incident upon their arrival. 
   • When relieved by a Director or Associate Director, return to Headquarters or other designated location, and cooperate with investigative personnel by completing and signing a Public Safety Statement which provides basic details needed to further the investigation (who, what, why, where, when, how). This is separate from a detailed written statement. The involved officer must be accompanied by the Associate Director of Campus Safety or a designated supervisor or senior officer.               
   • Between 24 but no later than 72 hours after the incident (at the discretion of the Director of Campus Safety) the officer shall prepare and submit all necessary departmental reports and be available for the internal affairs investigation portion of the case. This may include an internal memorandum detailing the incident as well as a formal interview with the Director or Associate Director. This deadline shall be extended if the officer is unable to respond due to hospitalization or unconsciousness. 
   • With regards to the criminal investigation, the involved officer shall be afforded all rights that are consistent with the U.S. Constitution.      
   • Be allowed to communicate with family members, Union representative, chaplain, attorney, or anyone else required.  
   • Refrain from discussing the incident with unauthorized personnel. Advise the Director of Campus Safety of any discussions with authorized personnel, outside of the Department. Authorized personnel are as follows:
3.  
   •  
     •  
       • Director of Campus Safety & Security.
       • Duty Chief.
       • Associate Director of Campus Safety.
       • Senior Vice President or other designee of the College President.
       • Assigned investigative personnel.
       • Representative of Human Resources.
       • Department/Union attorney(s).
       • Privately retained attorney(s).
       • Department/private psychologist.
       • Chaplain.
       • Union representative.
       • Physician.
       • Immediate family. 

• Submit to counseling with a Department-approved psychologist. The purpose of this debriefing will be to allow the officer to express his/her feelings and to deal with the moral, ethical, and/or psychological after-effects of the incident. The debriefing shall not be related to any department investigation and, unless otherwise agreed or as may be directed during litigation, nothing discussed in the briefing will be reported to the department. The debriefing will remain protected by the privileged physician-patient relationship.

3.  Upon arrival of additional Officers to the scene of a deadly physical force incident one (1) Officer shall be designated a Guard Officer over the        suspect.  The Guard Officer responsibilities shall be:

• Secure and preserve all evidence found on the suspect's person. 
• Advise the Director of Campus Safety (or Duty Chief in his/her absence) of the suspect's condition. 
• Remain with the suspect at all times. Accompany the suspect in the ambulance and through all stages of medical treatment until properly relieved. 
• Obtain clothing from the suspect at the hospital. Secure the names of all attendants removing clothing or treating the suspect. Preserve all items as evidence.
• Coordinate the obtaining of a search warrant if necessary, for toxicology tests to be performed; (e.g., blood/urine, etc.). Secure the names of persons to whom requests are made. 
• Maintain a list of all medications administered to the suspect and by whom. 
• Secure the names of all persons involved with the suspect and their extent of involvement. 
• If suspect is deceased, advise all medical personnel and the medical examiner that all personal items must be preserved as evidence. 
• Do not discuss the incident with unauthorized personnel. 

4. When a deadly use of force incident is reported / occurs, the on-duty Associate Director or in his/her absence, Senior Ranking Officer (SRO) shall:

• Respond immediately to the scene. 
• Assume control and maintain integrity of the scene until properly relieved.   
• Notify the Director of Campus Safety and both Associate Directors of Campus Safety (if neither are on-duty).
• Verify that all officers present at the time of the incident did not utilize their firearms by manually checking their magazine capacity against the remaining ammunition observed.    
• Request investigative/forensic personnel from the Onondaga County Sheriff’s Office.  
• Direct and assign incoming officers pending the arrival of command personnel.
• Document and photograph all injuries.
• Secure names and addresses of all witnesses and make arrangements for their seclusion and subsequent statements. 
• Isolate the involved officer from the scene as soon as possible. If the officer is injured, assign a senior officer to accompany him/her at all times.   
• Administer the Public Safety Statement to the involved officer(s).
• Assign an officer to guard and accompany the suspect at all times. 
• Perform other duties as assigned. 
• Ensure that all officers present at the scene complete a report as to their actions and observations. These shall be completed after the officers are relieved at the scene.
• Prepare a detailed report as to actions taken, observations and participation in the investigation.

1. 5.  When a deadly use of force incident is reported / occurs, the Associate Director of Campus Safety shall: 
   • Respond immediately to the scene. 
   • Contact the Onondaga County Sheriff’s Office and request an investigative response if not already done.
   • Ensure that the Director of Campus Safety is notified.
   • Coordinate with the Director of Campus Safety/Duty Chief at the scene. At the direction of the Director of Campus Safety, act as a liaison with the Onondaga County Sheriff’s Office
   • Ensure that the weapon(s) used by the officer(s) is/are treated as evidence. If the firearm used was the involved officer’s duty weapon, secure the officer’s weapon and replace it while on scene with your issued weapon.
   • Ensure that the Public Safety Statement has been completed with the involved officer. The supervisor obtaining the Public Safety Statement should outrank the involved officer.
   • Ensure that the involved officer makes no statements to unauthorized personnel.   
   • Remove the involved officer from the scene and ensure that he is transported to the Campus Safety Building or another designated location as soon as possible.  Designate a supervisory or senior officer to accompany the involved officer.   
   • When appropriate make arrangements for the involved officer to be taken for examination and required blood tests.
   • Provide whatever support needed for the involved officer. When appropriate, ensure that the officer's rights are protected.  
   • Make arrangements for the involved officer to contact family members and anyone else requested or if unable to do so, make those contacts for him/her. 
   • Ensure adequate coverage (e.g., call-ins, etc.). 
   • Arrange for the involved officer to undergo a debriefing with the Department psychologist as soon as possible, but within 24 hours of the incident. 
   • Arrange for a debrief of all involved Department personnel with applicable critical incident stress management professionals.
   • Prepare a written report for the Director of Campus Safety detailing actions during the incident, and the subsequent internal investigation.

6.  When a deadly use of force incident is reported / occurs, the secondary Associate Director of Campus Safety shall:

• Respond to the scene immediately. 
• Assign personnel to identify witnesses and to take any statements that cannot be held for the responding agency. 
• Ensure that the crime scene is secured and held for the Onondaga County Sheriff’s Office.
• Ensure that all-necessary reports are completed.
• Conduct a separate but concurrent investigation from the Onondaga County Sheriff’s Office to determine if the incident falls within department policy. 
• Inform the Director of Campus Safety of the status of the investigation. 
• Prepare a full report to the Director of Campus Safety regarding his/her investigation and conclusion.   

​​​​​​​7. When a deadly use of force incident is reported / occurs, the Director of Campus Safety or in his/her absence Duty Chief shall:

• Ensure the Public Safety Statement has been administered to the involved officer(s).
• Delegate a Department liaison (Associate Director of Campus Safety) to the investigating agency.             
• Be responsible for implementing and monitoring the public information plan contained in this procedure. 
• Make notifications as outlined in Standard Operating Procedure 11.10 “Emergency Notifications”. 
• Place the involved officer on administrative leave or duty. 
• Keep the involved officer, Director of Campus Safety and Vice President of Human Resources apprised of the status of the investigation. 
• At the conclusion of both the criminal and/or departmental investigation, make the final determination of action to be taken. 
• Review policies, training, equipment, etc., with Associate Directors of Campus Safety for possible improvement. 

Public Information Plan

Due to the sensitive nature of a use of deadly physical force all members should be prepared for the media to be on scene quickly with requests for information. The Executive Director of Communications, or their designee, shall be responsible for media coverage of the incident. The following public information plan shall act as a guide for media contact following a use of deadly physical force, that results in death or serious physical injury to another:

1. 1. Immediately following a use of deadly physical force, a media staging area should be established which is outside the perimeter and preferably does not have a direct view of the scene. All units on scene must be notified of the media staging area so they may direct the media to this location.
2. 2. The Executive Director of Communications, or their designee, should be prepared to publish a press release and address the media members present at the staging area as soon as reasonably possible. This initial press release should contain the minimum information necessary to convey public safety information or to solicit information from the public. 
   • The press release or message contained within it will also be posted on the College website and shared on social media with the assistance of OCC’s Department of Marketing & News Media. 
   • Information will be updated as events warrant.

          3. Whenever a press release is published, or a press conference is completed the media should be told a rough timeline of when they can  expect more information. Press releases/press conferences should be scheduled on a regular basis and this timeline should be strictly adhered if at all possible. The frequency of press releases/press conferences will be dictated by the nature of the incident and the response from the community.

4. No information should be released regarding the investigation until it has been discussed with the investigating agencies (Onondaga County Sheriff’s Office, District Attorney’s office, Attorney General’s office, etc.).

5. Joint press conferences with all represented investigating agencies are preferred when possible.

Use of Force Report

1. A firearm is discharged for purposes other than training or recreation at or in the direction of another person whether or not a person was struck or injured by the projectile to include any accidental discharge.
2. Any conduct that results in or is alleged to have resulted in, injury or death of another person.
3. Deadly force is applied through the deploying of lethal or less-than lethal weapons.

When a "Use of Force Report" is prepared as a result of a firearms discharge, the reporting officer shall include:

1. The make, model, serial number, and caliber of the firearm used. 
2. The type of ammunition used. 
3. The number of rounds discharged. 
4. Notation of any weapon or ammunition malfunction. 
5. Number of bystanders present if any and their proximity to the discharge.  ​​​​​​​

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

If the officer is incapacitated a supervisor shall prepare the Use of Force Report based upon the supervisor's investigation of the incident. 

A superior officer shall review the “Use of Force Report” for completeness and accuracy. 

All Use of Force Reports, following initial supervisory review shall be directed to:

• Both Associate Directors of Campus Safety for review. 
• And the Director of Campus Safety for findings.

Investigating the Use of Deadly Physical Force

• There will be two separate but concurrent investigations into officer involved incidents. They are the criminal investigation and the departmental internal investigation.   
• The agency selected by the Director of Campus Safety or Duty Chief will conduct the criminal investigation. Either of the Associate Directors will be designated as the departmental liaison with the selected agency. The other Associate Director will conduct the departmental investigation. Both the Associate Directors shall report directly to the Director of Campus Safety.
• The criminal investigation will determine what actually transpired and whether or not there is criminal liability involved. 
• The departmental investigation will determine whether the incident falls within Department policies and guidelines. 
• The Departmental investigation shall be conducted in accordance with Standard Operating Procedure # 4.6, "Internal Affairs."  
• The Associate Director conducting the Departmental investigation shall continuously inform the Director of Campus Safety of the status of the investigation and shall prepare a full report to the Director of Campus Safety regarding his/her investigation and conclusion.    

Evaluating the Use of Deadly Physical Force 

• The Director of Campus Safety shall review the investigations to ensure that the use of deadly physical force was objectively reasonable, authorized, necessary, not reckless and in accordance with Department policy and therefore justified.
• Upon the conclusion of any criminal investigation or Departmental investigation, the Director of Campus Safety will make a final determination of action to be taken. 
• If the Use of Force Report was submitted as the result of a firearm discharge and the ensuing investigation supports that the discharge was negligent or inappropriate, the officer involved shall, at minimum, be required to undergo remedial training in the use of force and rectification in the use of firearms (if applicable).

Administrative Leave/Duties

The involved officer shall be relieved of regular duty and assigned to administrative leave or duties at headquarters until the investigation has been completed.  Assignment to administrative leave or duties shall be non-disciplinary and is intended to serve two purposes:

• To address the personal and emotional needs of an officer involved in the use of deadly physical force. 
• To assure the community that verification of all the facts surrounding such incidents are fully and professionally explored. 

While on administrative leave the officer shall remain available at all times for official Departmental or institutional interviews and statements and shall be subject to recall to duty at any time. 

Upon returning to duty, the officer may be assigned to administrative duty for a period of time as deemed appropriate by the Director of Campus Safety and the Vice President of Human Resources.

Humane Animal Destruction

• In addition to documenting the incident in a report, officers shall prepare a “Humane Animal Destruction Report” whenever a firearm is discharged for purposes other than training or recreation to facilitate the destruction of a dangerous or injured animal.

Miscellaneous

1. All personnel should be sensitive to the psychological trauma that is associated with these types of incidents. Behavior such as blaming, ridiculing, teasing, and isolating the involved officer will only increase the potential trauma and therefore shall not be tolerated. 
2. Supervisors shall ensure that the officer is treated in a dignified manner. A fellow officer should accompany the involved officer during the initial phases of the inquiry.
3. The Associate Director shall cause an annual analysis of all use of force incidents to be completed. The analysis should identify: 
   • Date and time of incidents.
   • Types of encounters resulting in the use of force.
   • Trends or patterns resulting in injury to any person including employees.
   • Impact of findings on policies, practices, equipment and training.

Posting the Use of Force Policy

• This Use of Force policy shall be conspicuously posted on the Department’s public website.

Training

1. Training will be provided for Department personnel responsible for managing incidents where use of force or other Peace actions result in death or serious physical injury to an individual
2. This standard operating procedure shall be reviewed annually during in-service training for all sworn personnel.
3. 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