Charge to the Deadly Force Review Board
The Deadly Force Review Board (DFRB) was created in the Spring of 1996 following the limited arming of TESC's campus police force. The DFRB was created by the Public Safety DTF which convened to make recommendations to the Board of Trustees regarding campus arming. In section IV of the final report of the Public Safety DTF, the requirements of the DFRB are outlined.
IV. Firearms Review Board:
A. The Firearms Review Board will be changed to the Deadly Force Review Board (DRFB) and will be referred to as such.
B. The Vice President in charge of Public Safety (Police Services) is responsible for charging, training and convening the DFRB.
C. DFRB is to review:
1. All incidents when a firearms is drawn, discharged, or displayed in a threatening manner (improper display) or when any other type of deadly force is displayed or used by a Public Safety (Police Services) Officer, and
2. All incidents when a firearm is drawn, discharged or displayed in a threatening manner, or when any other deadly force is threatened or used by any other individual on campus.
D. The Board will be diverse in its membership and have:
1. Two faculty (one day and one night preferred),
2. Two students (one day and one night or one on-campus and one off-campus preferred),
3. Two staff (one union selected and one exempt staff preferred),
4. One Peer Public Safety (Police Services) Officer (other than an advocate), and
5. One outside law enforcement representative.
E. The board will determine if the incident was:
1. Accidental or intentional,
2. Justified and necessary under the circumstances,
3. In compliance with college policy, and
4. Indicative of a need for a change in college policy regarding training and/or SOP.
F. The Board will determine if the response was handled in an appropriate and timely manner.
G. The Board is fact finding and advisory to the Direct of Public Safety (Police Services) and the TESC Community.
H. The Board will be convened by the Vice President as soon as possible and no later than 30 days after the Vice President is aware of the incident.
I. The Board will be a permanent committee.
1. Members of the Board will be appointed for two years with half of the Board being replaced each year.
2. Members will be trained annually.
NOTE: Relevant to section C.1.: The DFRB will review all incidents involving a TESC Police Services Officer, on- or off-campus and on- or off-duty.
ANNUAL TRAINING: The Board shall meet once a year in the first half of Fall quarter for annual training and orientation of new members. This session will be led by the Vice President. It will contain the history of the Board and Police Services, explanation of the use of force continuum, and the Board will appoint the acting Chair of the Board for the following year. The Chair appointment will be decided by the eight members of the Board, which does not include the Vice President.
CHAIR OF THE BOARD: The appointment of Chair of the Board shall last for one year at a time. Appointment is done by the members of the Board at the conclusion of the annual training session. Only the members of the Board shall have a vote for the Chair. It is preferred that the Chair be a person who was on the Board the preceding year. The role of the Chair is as a spokesperson for the Board, maintains the records of the Board, and facilitates Board meetings.
CONVENING OF THE DFRB: The Chair of the Board shall notify the Cooper Point Journal or predominate campus newspaper of all convenings of the Board. Details of the incident need not be reported at that time, but the fact that the Board has been convened must be made public as soon as possible after the incident.
FINAL REPORT: The final report of the Board shall be a written report. Three final signed copies shall be made. One copy should go to the Library for public review, the second copy to the Vice President, and the third copy to the Director of Police Services. If additional public concern is evident, the Board should have a public forum with the community to explain the action of the Board and answer questions.
GENDER AND ETHNICITY: It is preferred that the Board be diverse in its gender and ethnicity. No quotas are to be set, but gender and ethnicity shall be informally considered when new appointments are made to the Board.
LAW ENFORCEMENT MEMBER: Due to the possibility of difficulty in locating an outside law enforcement officer, the Board shall appoint that member for each case.
QUORUM: A quorum of five must agree on any action taken by the Board. The Board must have at least five members present for a meeting to be official.
REAPPOINTMENT: Any member of the Board may be reappointed to another term, provided that a majority of the Board (5) do not object to the reappointment.
RECORDS OF THE BOARD: The records of the Board are stored in a filing cabinet adjacent to the Vice President's office and are kept under lock and key. The records will consist of the rosters of the Board members, all final reports of the Board, additional information, and tapes of all of the Board meetings (with the exception of the annual training). All of this information is public information, with the exception of any information that is a) confidential under any of the rules or regulations that govern Evergreen, and b) any information pertaining to a current investigation.
SELF CERTIFICATION: Prior to every review, the Board shall have a self certification of each member. Each member will tell of any personal knowledge, involvement, or relation to any party of the incident to be reviewed. Preferably, any Board member that has a conflict of interest will excuse themselves from the review of that incident. In the event that a member or members do not excuse themselves, and a majority of the Board feels that the member should excuse themselves, the Board may (by majority) excuse that member.
TERMS: Board member terms are for two years with half of the Board alternating every year. Terms start at the beginning of Fall quarter (around the end of September), and end two years later at the end of Summer quarter.
PROCESS FOR REVIEW
1. Convening of the DFRB by the Vice President as soon as possible and no later than 30 days after the Vice President is aware of the incident.
2. Dissemination of written reports including witness reports.
3. Pre-review meeting
A. Examining of written documents and determination by the Board of whether the incident falls under the purview of the DFRB.
B. Preparation for review, including identification of key issues and lines of questioning, and determination of whether "expert witnesses" should be consulted prior to review.
A. Opening comments by the Chair of the Board.
B. Review of key issues and plan for individual questioning of witnesses.
C. Individual questioning of witnesses.
D. Identification of missing information, discrepancies, or inconsistencies that may require further questioning of witnesses.
E. Further questioning of witnesses or dismissal of witnesses.
F. Submittal of findings to the Director of Police Services and the Vice President within 10 days of final review.
5. Board deliberations
A. If the incident involves the use of deadly force by an officer, the Board will determine if the use was accidental or intentional, justified and necessary under the circumstances, in compliance with College policies, and indicative of a need for change in the policy regarding training or SOPs.
B. If the incident involving the use of force is by an individual other than a Police Services officer, the Board will evaluate the institution's response to the action including the response of Police Services, consider the need for additional training or revision of the SOPs, and evaluate crime prevention steps that might be taken to prevent a reoccurrence.