Departmental Policies


Departmental Policies

Department Policy No. 100

Purpose

Issue Date: October 1, 2022

Last Review Date:

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Annual

 

1. Purpose

The manual of the University of Kansas Police Department, Office of Public Safety Office is hereby established and shall be referred to as the Department’s Policy Manual.  This manual is designed to provide policies and procedures concerning the operations of the University of Kansas Public Safety Office this agency.  These policies and procedures have been developed with the community, the university, the community as well as our commissioned and non-commissioned employees in mind.

2. Policy

Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines.  It is recognized that the work of law enforcement is not always predictable and that circumstances may arise that warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident.

Department Policy No. 101

Authority

Issue Date: October 1, 2022

Last Review Date:

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Annual

 

1. Purpose

The purpose of this policy is to recognize the rules and regulations from which the policies and procedures contained herein have been derived.

 

2. Policy

The University of Kansas Public Safety Office compiled the following rules and regulations in accordance with Kansas Statutes Annotated, Kansas Administrative Regulations, Kansas Civil Service Regulations, Board of Regents policies, and federal law. This manual contains rules and regulations that are within the public employer’s right to enforce for the public safety and for the efficient and effective operation of a police department.

Employees are subject to pertinent State and University policies and regulations such as those contained in the State of Kansas Personnel Regulations (http://admin.ks.gov/offices/personnel-services/agency-information/regulations).

The rules and regulations contained herein are interpretations of and supplements to these more general policies and regulations.  However, they carry the same binding force.

The manual is in effect for all unclassified and University Support Staff positions within the department. Student employees are not subject to these policies. References to “employees” used throughout the manual do not include student employees.

The Director of Public Safety/Chief of Police is the only authority for the issuance of any regulations, policies, or instructions contained herein.  Any employee may propose the issuance of new guidance.  ALL PREVIOUS RULES, REGULATIONS, ORDERS, AND INSTRUCTIONS IN CONFLICT WITH THESE REGULATIONS ARE NULL AND VOID.  All Special Orders, Instructions, and Manuals not in conflict with these regulations shall have the same authority as these regulations. Regulations shall not be canceled, amended, or issued without the approval of the Director of Public Safety/Chief of Police.

Department Policy No. 102

Compliance

Issue Date: March 24, 2021

Last Review Date: October 1, 2022

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Annual

 

1. Purpose

The purpose of this policy is to ensure employees perform their duties within the policies of this department.

2. Policy

The failure of an employee, either, willfully or through negligence, ignorance, or incompetence, to perform the duties of their rank or assignment, or violation by an employee of any regulation, order, rule, policy or instruction, may be considered sufficient cause for discharge, demotion, suspension, or other disciplinary action.

Department Policy No. 103

Distribution

Issue Date: October 1, 2022

Last Review Date:

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Annual

 

1. Purpose

The purpose of this policy is to ensure employees have access to the Department Policy Manual.

2. Policy

An electronic version of this manual will be maintained by the department and is accessible to all employees. The electronic version kept on the department server will be the master version and will supersede all other electronic or paper versions.  Employees with questions or problems about accessing the electronic version of the manual should contact their supervisor for assistance. The office of the Director of Public Safety/Chief of Police will also possess and update a paper version of the manual, which will be available for review during office hours. Upon request, the department will provide a pdf version of the manual to employees.

All revisions to the manual will be provided to each member on or before the date the policy becomes effective.  All University of Kansas Public Safety Office employees are responsible for keeping informed of all Department Policy Manual revisions.

All department members suggesting revision of the contents of this manual shall forward their written suggestions to their supervisor who will review and forward to command staff with their recommendation.

Department Policy No. 300

Use of Force

Issue Date: September 27, 2022

Last Review Date: 

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Biannual

 

I. PURPOSE

This policy provides guidelines on use of force.  While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, members of this department are expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner.

II. POLICY

It is the policy of this department to value and preserve human life.  Officers shall use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of the officer and others.  Officers shall use force only when no reasonably effective alternative appears to exist and shall use only the level of force that a reasonably prudent officer would use under the same or similar circumstances.  

The decision to use force “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officer or others, and whether [the suspect] is actively affects resisting arrest or attempting to evade arrest by flight”.  In addition, “the ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight…the question is whether the officers’ actions are ‘objectively reasonable’ in the light of the facts and circumstances confronting them.” (Graham v. Connor, 490 U.S. 386 (1989).

This policy will be reviewed biannually.  

III. STATUTORY AUTHORITY

Kansas statutes authorize a law enforcement officer to use force and make an arrest in accordance with the following:

“Use of Force; law enforcement officer making arrest. (a) A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force that such officer reasonably believes to be necessary to effect the arrest and the use of any force that such officer reasonably believes to be necessary to defend the officer's self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and such officer has probable cause to believe that the person to be arrested has committed or attempted to commit a felony involving death or great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.

(b) A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid.” (K.S.A. 21-5227)

IV. DEFINITIONS

Deadly force:  Any use of force that is likely to cause death of or great bodily harm to a person.  (K.S.A. 21-5221(2))

Less-lethal force:  Any use of force other than that which is considered deadly force that involves physical effort to control, restrain, or overcome the resistance of another.  

Objectively Reasonable:  The determination that the necessity for using force and the level of force used is based upon the officer’s evaluation of the situation in light of the totality of the circumstances known to the officer at the time the force is used and upon what a reasonably prudent officer would use under the same or similar situations. 

De-escalation: Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary.  De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning.

Exigent Circumstances:  Those circumstances that would cause a reasonably prudent officer to believe that a particular action is necessary to prevent physical harm to an individual, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts. 

Choke hold:  A physical maneuver that restricts an individual’s ability to breathe for the purpose of incapacitation.  

Warning shot:  The discharge of a firearm for the purpose of compelling compliance from an individual, but not intended to cause physical injury.

V. PROCEDURES

A. General Provisions

1. Use of physical force should be discontinued when resistance ceases or when the incident is under control.

2. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person.  In these situations, only the minimal amount of force necessary to control the situation shall be used. 

3. Once the scene is safe and as soon as practical, officers shall provide appropriate medical care consistent with their training to any individual who has visible injuries, complains of being injured, or requests medical attention.  This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility.   

4. An officer has a duty to intervene to prevent or stop the use of excessive force by another officer when it is safe and reasonable to do so.  

B. De-escalation

1. Officers shall use de-escalation techniques and other alternatives to higher levels of force consistent with their training whenever possible and appropriate before resorting to force and to reduce the need for force.

2. Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual to submit to verbal commands before force is used. 

C. Use of Less-Lethal Force

1. When de-escalation techniques are not effective or appropriate, an officer may consider the use of less-lethal force to control a non-compliant or actively resistant individual.  An officer is authorized to use department-approved, less-lethal force techniques and issued equipment to:

a. protect the officer or others from immediate physical harm,

b. restrain or subdue an individual who is actively resisting or evading arrest, or

c. bring an unlawful situation safely and effectively under control. 

D. Use of Deadly Force

1. An officer is authorized to use deadly force when it is objectively reasonable under the totality of the circumstances.  Use of deadly force is justified when one or both of the following apply:  

a. to protect the officer or others from what is reasonably believed to be an immediate threat of death or serious bodily injury 

b. to prevent the escape of a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit a felony involving serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to the officer or another if the subject is not immediately apprehended.  .

2. Where feasible, officer(s) shall identify themselves as a law enforcement officer(s), and provide warning of the intent to use deadly force.  

3. Deadly Force Restrictions

a. Deadly force should not be used against persons whose actions are a threat only to themselves or property.

b. Warning shots are prohibited

c. Firearms shall not be discharged at a moving vehicle unless

(1) A person in the vehicle threatening the officer or another person with deadly force by means other than the vehicle; or 

(2) The vehicle is operated in a manner deliberately intended to strike an officer or another person, and all other reasonable means of defense have been exhausted (or are not present or practical), which includes moving out of the path of the vehicle.

d. Firearms shall not be discharged from a moving vehicle except in exigent circumstances.  In these situations, an officer must have an articulable reason for this use of deadly force.

e. Chokeholds are prohibited unless deadly force is authorized. 

VI.  USE OF FORCE REPORTS

A. Documentation

Whether directly involved with the use of force, or just witnessing it, all police officers shall document: 

1. Any use of force which results in a person’s death, physical injury or complaint of physical injury.

2. Any situation in which a weapon was displayed and could be considered to be an aggressive action against an individual.

3. Any discharge of a firearm (excluding qualification or training, or the shooting of an injured animal).

4. Any discharge of an extended range, non-deadly weapon (excluding training).

5. Any discharge of a CEW (excluding training or testing).

6. The application of physical force to gain compliance of a subject.

B. Procedure

1. Immediately upon the resolution of an incident, the officers involved will ensure that any persons involved in the incident are safe and out of danger and that medical assistance has been addressed.  

2. All officers directly involved in, or witnessing, a use of force shall ensure that a non-involved police supervisor has been notified as soon as reasonably possible.

3. That supervisor shall immediately make notification to department administration by following the department’s notification procedure.

4. As soon as possible and before going off duty, the police officer directly involved shall make a detailed written report to the Director of Public Safety/Chief of Police (Through Channels) documenting the incident which shall include a detailed description of events outlining the police officer’s actions taken.

5. As soon as possible and before going off duty, all officers witnessing a use of force by another officer shall make separate written reports to the Director of Public Safety/Chief of Police (Through Channels) documenting what was observed.

6. These reports are for internal use by the department and are in addition to any criminal report necessary for the criminal justice system.  The Director/Chief of Police may approve a delay in producing the written reports if special circumstances exist.

C. Review

The Director of Public Safety/Chief of Police or his designee shall review each use of force incident and take appropriate action as befits the situation and required by law.

1. A Use of Force Review Board will review each use of force incident.

2. The review board will consist of the Director of Public Safety/Chief of Police, Deputy Chiefs, Investigator, and a Defensive Tactics instructor or any instructor that may need to be involved in the review process based on the details of the incident.

3. The Investigator for the review board will document the board’s final analysis of the incident in a summary.

4. The Director of Public Safety/Chief of Police or his designee shall take appropriate action based on the outcome of the review as befits the situation and required by law.

VII. TRAINING

All police officers shall receive annual training on this use of force policy and related legal updates.  In addition, training shall be provided on a regular and periodic basis and designed to:

A. Provide techniques for the use of and reinforce the importance of de-escalation;

B. Simulate actual shooting situations and conditions; and

C. Enhance officers’ discretion, decision making and judgment in using less-lethal and deadly force in accordance with this policy.

All use of force training shall be documented. 

Department Policy No. 302

Racial or Other Biased-Based Policing

Issue Date: April 12,2021

Last Review Date: June 20, 2022

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Annual

 

1. Purpose

The purpose of this policy is to provide guidance to members and affirms the department’s commitment to policing is fair and objective (K.S.A. 22-4611).  This policy prohibits the practice of racial and other biased-based policing by members of the University of Kansas Public Safety Office.  This policy applies to all employees of this agency.  Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department’s relationship with its diverse communities (e.g. cultural and ethnicity awareness training, youth programs, community group outreach, partnerships).

2. Policy

It is the policy of this department to treat all persons having contact with this agency in a fair, equitable, and objective manner, in accordance with law, and without consideration of their race, ethnicity, national origin, gender, religious dress or other individual characteristics.  Therefore, the purpose of this policy is to prohibit the practice of racial and other biased-based policing by members of this department.  This policy applies to all employees and volunteers of this agency.

3. Definitions

Racial or other biased-based policing:  The unreasonable use of race, ethnicity, national origin, gender or religion by a law enforcement officer in deciding to initiate an enforcement action.  It is not racial or other biased-based policing when race, ethnicity, national origin, gender or religion is used in combination with other identifying factors as part of a specific individual description to initiate an enforcement action.

Enforcement Action:   Any law enforcement act, as described in K.S.A. 22-4609, and amendments thereto, during a nonconsensual contact with an individual or individuals.

Law Enforcement Officer:  has the meaning ascribed thereto in K.S.A. 74-5602, and amendments thereto.

4. Procedures

A. Conduct

1.   All law enforcement officers with this department are prohibited from using racial or other biased-based policing in:

a.   Determining the existence of probable cause to take into custody or to arrest an individual;

b.   Constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle; or

c.   Determining the existence of probable cause to conduct a search of an individual or conveyance.

2.   Acts that constitute racial or other biased-based policing include but are not limited to:

a.   Using race, ethnicity, national origin, gender, or religion as a general indicator or predictor of criminal activity.

b.   Using the race, ethnicity, national origin, gender, or religion of a person in the course of any law enforcement action unless the officer is seeking to detain, apprehend, or otherwise be on the lookout for a suspect sought in connection with a crime who has been identified or described in part by race, ethnicity, national origin, gender, or religion.

c.   Using the race, ethnicity, national origin, gender, or religion of a person in the course of any reasonable action in connection with a status offense, such as runaways, child in need of care, missing persons, and other non-criminal care taker functions unless the person is identified or described in part by race, ethnicity, national origin, gender, or religion.

d.   Using race, ethnicity, national origin, gender or religion shall not be motivating factors in making law enforcement decisions and/or actions, unless the person is identified or described in part by race, ethnicity, national origin, gender or religion.

e.   Using race, ethnicity, national origin, gender or religion as the basis for discretionary law enforcement i.e. who they will cite, arrest, warn, search, release or which person(s) to treat with respect and dignity.

3.   Any employee who witnesses or who is aware of any instance of racial or biased-based policing shall immediately report the incident to their supervisor.

4.   Law enforcement supervisors are responsible for:

a.   A working knowledge of department complaint procedures and for directing or receiving complaints appropriately.

b.   Monitoring officers for reasonableness and appropriate application of legal standards while taking enforcement actions or using discretion.

c.   Taking appropriate action including coaching and discipline to assure compliance with this policy and related state and federal statutes.

d.   Being observant for any pattern or practice of discriminatory treatment by officers or groups of officers and taking immediate steps to investigate, intervene or report the activity to superiors.

5.   Any member violating the provisions of this policy or the state or federal statutes pertaining to racial or other biased-based policing or violating the constitutional rights of any person as provided in this policy is subject to corrective action or discipline. Such discipline includes actions appropriate in response to the nature of the violation based on facts revealed in the investigation of the complaint and consistent with applicable laws, rules and regulations, labor contracts, resolutions, ordinances or policies, including but not limited to, demerits, suspension or termination of employment. Discipline may also include retraining, counseling, or any other action deemed appropriate to deter repeated violations.

B.Training

1. All law enforcement officers with this department are required to attend annual education training that shall include, but not be limited to, training relevant to racial or other biased-based policing.  Use of distance learning technology is allowed for this training.

C. Public Notice

1. This department shall engage in ongoing efforts to notify the public of the existence of this policy, the right of individuals to file a complaint with the department or the office of the Kansas Attorney General regarding incidents of alleged racial or other biased-based policing and the process for making a complaint of racial or other biased-based policing alleged to have been committed by law enforcement officers employed by the department or the department as a whole.

D. Complaints

1.   Complaints on incidents alleging racial or other biased-based policing may be made by delivering a written statement, signed by the complaining party or parties to the Director of Public Safety/Chief of Police of the University of Kansas Public Safety Office or by utilizing the complaint process in effect for all other complaints against the department.  Complaints of racial or other biased-based policing can also be made directly to the Office of the Provost, 250 Strong Hall, 1450 Jayhawk Boulevard, Lawrence, KS 66045 or the Office of the Kanas Attorney General.

2.   No person who believes they have been subjected to racial or other biased-based policing shall be discouraged, intimidated or coerced from filing a complaint.  No person will be discriminated against or subject to retribution because they have filed such a complaint.

3.   If, upon completion of an appropriate investigation by the department, it is determined that a commissioned employee of the department has directly violated this policy prohibiting racial or other biased-based policing the department shall initiate appropriate disciplinary action consistent with applicable laws, rules and regulations, or policies with penalties, including demerits, suspension or termination or the employment of the law enforcement officer from the department.

E. Annual Report

1. On or before July 31st of each year, the department will provide the Office of the Kansas Attorney General a report detailing any complaints of racial or biased-based policing for the period of July 1st to June 30th.  The report will be completed on forms provided by the Office of the Kansas Attorney General.

Department Policy No. 305

Interagency Assistance

Issue Date: May 3, 2022

Last Review Date:

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Annual

I. Purpose

The purpose of this policy is to provide guidance to members when requesting or responding to a request for mutual aid or when assisting another law enforcement agency that routinely does not operate on the KU campus.

II. Policy

It is the policy of this department to support requests for assistance from other agencies. There is also an understanding that this department may require personnel and technical assistance of other agencies to fully and efficiently conduct investigations or support department or university needs.

III. Procedures

A. Requests to Other Agencies

1. All requests for immediate assistance utilizing on-duty, uniformed police officers can be handled between the University of Kansas Public Safety Office (KUPSO) Police shift supervisor and an on-duty supervisor of the other agency.

2. All requests for investigative assistance to the Lawrence Police Department (LPD) and Douglas County Sheriff’s Office (DGSO) Investigations Units can be handled between a KUPSO supervisor and a supervisor from LPD or DGSO.

3. All other requests for assistance to other agencies will be directed to the Director/Chief of Police or a Deputy Chief. The Director/Chief of Police or Deputy Chief will be responsible for coordinating the request with the head of the other agency.

B. Requests from Other Agencies

1. All requests for immediate assistance utilizing on-duty patrol officers can be handled between the KUPSO Police shift supervisor and an on-duty supervisor of the other agency. The on-duty supervisor will make notification to department administration if the event is such that it requires a response from multiple agencies (e.g. mass disturbances).

2. Requests from the LPD Investigations Unit for assistance can be handled between the Investigations Unit supervisor and a Lawrence Police Investigations supervisor. The Investigations Unit supervisor will make notification to department administration concerning the nature and expected duration of the assignment and will provide updates as needed.

3. Any other notifications to this department of any other request for assistance requiring utilization of department employees off campus for major events or investigations will be referred to the Director/Chief of Police or his designee. Upon notification of such activation or upon the request of another agency, the Director/Chief of Police may authorize a specific number of personnel for a specific length of time to be devoted to the activation or manpower request.

C.  Duties of Employees Activated for Major Events or Investigations

1. Upon activation, a department supervisor will be identified as the contact point for the activated employee. Each employee who is activated will report back to that supervisor at the end of each day of duty. The employee will inform the supervisor of their activities for that day and will also advise what their status will be on the following day.

D. Duties of Supervisor of Employees Activated for Major Events or Investigations

2. The supervisor will be responsible for insuring that the Director/Chief of Police is advised of the status of the activated employee.

Department Policy No. 306

Security Deployment

Issue Date: April 26, 2022

Last Review Date:

Approved by: Leadership Team

Distribution:  All Personnel

Review Schedule:  Annual

 

1. Purpose

The purpose of this policy is to provide procedures for security deployment.

2. Policy

This policy addresses security deployment, log sheets and chain of command.

3.Procedures

A. Security Deployment

1. Security personnel are deployed by either district(s) or by assignment, such as Athletics, Spencer Art Museum, etc.

2. Security personnel are identified by radio number.

3. Security officers on the Lawrence campus will notify dispatch of their district(s) or assignment at the start of their shift.

B. Security Log Sheet

1. On-duty Security personnel will maintain a log of the activities on the Security Log Sheet. The shift log and category totals will be completed before Security personnel go off-duty.

2. If there is not a Security Supervisor on duty, the completed log will be placed in the next on-duty supervisor’s mailbox.

C. Security Chain of Command

1. Lawrence Campus

a. When a Security Supervisor is not on duty, Security personnel may refer immediate situations to the on-duty police supervisor.

b. The on-duty police supervisor may deal with the situation, and if necessary, contact the off-duty Security supervisory personnel in the following order:

(1) A Security Supervisor

(2) The Public Safety Manager

(3) The Public Safety Administrator

(4) The Director/Chief of Police

c. If the situation does not require an immediate response, the matter will be referred to the next on-duty Security Supervisor in an appropriate manner:  verbal, written or e-mail.

2. Edwards Campus

a. If the situation does not require an immediate response, the matter will be referred to the assigned Edwards Campus Security Supervisor in an appropriate manner: verbal, written or email.

b. If the situation does require an immediate response, the Security Supervisor assigned to the Edwards Campus should be contacted by phone. If a response is not received, contact should be attempted in the following order:

(1) On-duty Security Supervisor from the Lawrence campus

(2) The Public Safety Manager

(3) The Public Safety Administrator

(4) The Director/Chief of Police