FAQ Contents

10. Guidelines for Use of Force and Detainment of a Suspect

The Security Services Mission Statement charges security personnel with the protection of people and property at the University. In order to carry out this charge, Security officers are often called upon to enforce state and local statutes and University regulations. In certain situations, enforcement may involve use of force, and/or arrest. These procedures outline the range of authority for security personnel relative to such enforcement actions.

GENERAL POLICY

USE OF FORCE against an individual or ARREST of an individual SHALL OCCUR ONLY when ALL FOUR of the following conditions have been met:

A) All other acceptable forms of resolution of an incident have failed;

AND,

B) All the requirements of the law have been met (all legal elements of the crime or violation exist, and the evidence supports those elements);

AND,

C) The officer or supervisor involved has the legally defined authority to engage in such action (the actions to be taken are described in the Penal Law or Criminal Procedure Law as legal for citizens);

AND,

D) Security Services procedures regarding the action to be taken have been satisfied.

USE OF FORCE --GENERAL

A) PSYCHIATRIC RESTRAINTS. Officers, acting under the direction of a physician or psychiatric nurse, may use physical force on a patient to the extent that the officer reasonably believes it necessary to promote the welfare of such person.

B) MEDICAL RESTRAINTS. Officers acting under the direction of a physician (or his designee) may use physical force for the purpose of administering a recognized form of treatment.

C) SUICIDE PREVENTION. A staff member may use physical force upon a person to the extent that he reasonably believes it necessary to thwart a suicide attempt or the infliction of serious physical injury upon the person.

D) DEFENSE OF SELF OR THIRD PARTY. An officer may use physical force upon another person to defend himself or a third party from the use or IMMINENT use of unlawful physical force by such person.

E) PREVENTION OF COMMISSION, OR ATTEMPTED COMMISSION OF A CRIME. Officers may use physical force in defense of premises, to prevent CRIMINAL trespass upon University premises, or in order to prevent larceny of or criminal mischief to University property.

F) TO AFFECT AN ARREST, OR PREVENT ESCAPE FROM CUSTODY. Officers may use physical force to affect an approved arrest, or to prevent escape from custody after an approved arrest has been made.

G) DEGREE OF PHYSICAL FORCE PERMITTED.

1) In NO case may officers use a degree of physical force greater than is MINIMALLY allowed to satisfactorily resolve the above. ("A" through "F").

2) In NO case may officers use a degree of physical force greater than is being used by an aggressor against themselves or a third person.

3) Officers may use DEADLY physical force ONLY in defense of self or third parties, and then ONLY when DEADLY physical force is being used by an aggressor.

H) USE OF FORCE PROCEDURES

1) Whenever an officer uses physical force upon an individual (other than psychiatric restraints), the officer shall:

a) Call for immediate back-up (if not already present);

AND,

b) Request the presence of the Security Supervisor;

AND,

c) Immediately evaluate the need for medical attention or treatment for the person upon whom physical force was used and arrange for such treatment if the person is injured, or complains of injury or discomfort.

AND,

d) Complete a USE OF FORCE REPORT.

2) Whenever an officer uses physical force upon an individual (other than psychiatric or medical restraints), the Security Supervisor shall assess the need for appropriate law enforcement involvement and documentation of the incident.

ARREST PROCEDURE (if Officer or University is victim)

A) When an arrest is contemplated, the security supervisor shall request the presence of the appropriate law enforcement agency.

B) TURNOVER ARRESTS MUST BE APPROVED BY THE SECURITY SUPERVISOR.

C) Circumstances not requiring an immediate TURNOVER (or appearance ticket) arrest, but for which an arrest is appropriate, shall be dealt with through the WARRANT ADVISED process.

D) An officer who desires to personally arrest an individual for an offense committed against himself (the officer), WHILE ON-DUTY, must follow the procedures contained herein.

E) Whenever an arrest is made (by turnover, by appearance ticket or warrant advised), an Arrest Record (three copies--white, yellow, and blue) shall be completed and submitted with the Case Report.

F) Division members are prohibited from making arrests for the following offenses:

1) Loitering
2) Disorderly Conduct
3) Possession of Burglary Tools
4) Any offense for which the officer or the University is not the victim.

OVERRIDING GUIDELINE for matters of arrest and use of force shall be:

• WHEN IN DOUBT, DON'T USE FORCE AND DON'T ARREST.
• All personnel are required to adhere to the principles, practices and procedures of Division-supplied TRAINING when using force or making arrests.
• Failure to comply with these procedures constitutes grounds for suspension and/or termination.

[Operations Procedure 98-09-052, last reviewed w/legal counsel Fall 2002]

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