DEFINITIONS

POLICY & PROCEDURE

1. Response to Resistance or Aggression:
   1. An Officer’s response to resistance/aggression must be objectively reasonable based on the totality of the circumstances as perceived by the Officer at the time of the incident.
   2. Officers may use the force which is reasonably necessary to effect lawful objectives including: effecting a lawful arrest or overcoming resistance to a lawful arrest, preventing the escape of an offender, or protecting and/or defending others or themselves from physical harm.
   3. The preservation of human life is of the highest value to the State of Ohio and ODNR. Therefore, officers must have an objectively, reasonable belief that deadly force is necessary to protect life before use of deadly force is utilized. Deadly force may be used by law enforcement officers only under the following circumstances:
      1. To defend themselves from serious physical injury or death; and/or
      2. To defend another person from serious physical injury or death; and/or
      3. In accordance with U.S. and Ohio Supreme Court decisions, specifically, Tennessee v. Garner and Graham v. Connor.
2. Reports on Response to Resistance/Aggression:
   1. Reports will be completed for:
      1. Instances/observations of injuries;
      2. Claimed injuries;
      3. Complaints of excessive force;
      4. Strikes/kicks;
      5. Use of intermediate weapons;
      6. Use of any implement for defensive purposes;
      7. Deadly response; and
      8. Unintentional discharge of firearms outside of supervised range.
   2. Reports will not be required for:
      1. Handcuffing;
      2. Escort positions;
      3. Backup for other Officers; or
      4. Balance displacement techniques.
3. Reporting Procedures on Response to Resistance/Aggression and Review Process:
   1. Incidents not involving serious physical harm or firearms discharge:
      1. Verbally notify the immediate supervisor as soon as possible;
      2. A written report will be submitted no later than 72 hours after the incident occurs;
      3. The immediate commissioned supervisor (who has not been involved in the situation being reported) will forward an approved written report to the Division chief or designee as soon as reasonably possible; and
      4. The Division will then submit a copy of the report to the DLEA.
   2. Incidents involving serious physical harm or firearms discharge:
      1. Officer involved or arriving Officer will contact the Communications Center immediately and notify of the situation on scene; and
      2. The Communications Center will make all necessary notifications as prescribed by department and division protocols. This shall include the activation of DCAT, contacting the Division Law Enforcement Administrator, and contacting the DLEA.
   3. Unintentional discharge which does not involve a law enforcement situation, and does not result in injury:
      1. Verbally notify the immediate supervisor as soon as possible;
      2. The supervisor will immediately contact the Division Law Enforcement Administrator;
      3. The Division will conduct an administrative investigation of the unintentional discharge;
      4. The Division will submit a copy of the completed investigation to the DLEA; and
      5. The DLEA will convene CARC to conduct a review.
   4. Confidentiality:
      1. No person involved with the investigation or evaluation will discuss the incident except as necessary for the investigation or review.
4. Relief from Duty:
   1. When death, serious physical harm or any traumatic event has resulted from the use of force by an Officer or the suspect, the Officer’s duty assignment will be immediately, and appropriately, revised by his/her supervisor pending incident review. If the involved Officer’s duty handgun must be retained for evidence, the supervising Officer will replace the weapon. The supervisor must contact the Office of Human Resources, Labor Relations Section, as soon as reasonably possible after revising the involved Officer’s duty assignment.
   2. Involved Officer shall be placed on administrative leave for a period of 72 hours upon being released by a supervisor.
   3. The involved Officer may be placed on additional administrative leave by the Director. During the period of time an investigation into the incident is being conducted, the Chief may place the Officer on administrative duties. Such relief from normal duty will not be considered a disciplinary action taken against the Officer, but rather an administrative course of action designed to relieve the Officer from the stresses of duty.
   4. The involved officer must be evaluated by a professional certified in counseling prior to returning to full duty.
5. Review of Incidents Not Involving Serious Physical Harm or Firearms Discharge:
   1. All such incidents shall be reviewed to determine that the action:
      1. Follows procedural and reporting guidelines;
      2. Was within federal and state constitutional standards and statutory requirements; and
      3. Requires any training or equipment needs.
   2. An administrative and/or criminal investigation shall be initiated by the Division if the incident does not fall within the parameters set forth above.
   3. Under special circumstances the DCAT may be requested to conduct the investigation.
   4. Review Process:
      1. The immediate commissioned supervisor of the Officer involved will:
         1. Determine if the Officer's response was objectively reasonable based on the totality of the circumstances as perceived by the Officer at the time of the incident;
         2. Ensure that the report is complete;
         3. Determine if the incident occurred in the Officer’s jurisdiction;
         4. Complete the Supervisors Review Form (Appendix D); and
         5. The Division Law Enforcement Administrator or designee will complete a review of the report and document their findings on the Supervisor Review form.
   5. Training Review:
      1. A separate training review will be conducted by the respective Division training coordinator to evaluate and identify any training issues involved;
      2. Any issues identified will be circulated to the Office of Law Enforcement and other law enforcement division training coordinators; and
      3. The training coordinator will document the training review on the Supervisors Review Form.
6. Incidents Involving Serious Physical Harm or Firearms Discharge In A Law Enforcement Situation:
   1. The DCAT will conduct an administrative investigation of all incidents involving serious physical harm or firearms discharge in a law enforcement situation to determine whether the Officer’s actions:
      1. Followed procedural and reporting guidelines;
      2. Were within federal and state constitutional standards and statutory requirements.
   2. A criminal investigation will be conducted, by an outside agency whenever possible. The findings of the investigation will be presented to a grand jury. A firearms discharge that does not involve injury may not require a criminal investigation.
   3. Investigation Procedures:
      1. DCAT will immediately respond to all response-to-resistance/aggression incidents involving serious physical harm, firearms discharge in a law enforcement situation, or an unintentional firearms discharge that results in physical harm;
      2. DCAT will confirm a criminal investigation has been initiated;
      3. If the outside agency with jurisdiction refuses or fails to conduct a criminal investigation, DCAT will initiate the criminal investigation;
      4. Once confirmed that a criminal investigation has been initiated, DCAT will provide support as needed;
      5. The criminal investigation shall be completed prior to the continuation and completion of the administrative investigation;
      6. The completed administrative investigation will be presented to the DLEA;
      7. DCAT will determine whether a criminal investigation is necessary due to an unintentional discharge of a firearm in a law enforcement situation in which no one is injured if a criminal investigation is necessary.
7. Review of Incidents Involving Serious Physical Harm or Firearms Discharge:
   1. The DLEA will convene CARC for all incidents that require a DCAT investigation. The DLEA may convene CARC for other incidents deemed necessary, e.g. complaints that an Officer used excessive force or violated a subject’s civil rights;
   2. CARC will determine whether the Officer’s actions were:
      1. Reasonable;
      2. Within federal constitutional standards;
      3. Within state constitutional standards;
      4. Following state statutory requirements;
      5. Following ODNR policies;
   3. The findings of CARC will be presented to the respective Division Chief who, at their discretion, will follow the established procedure for requesting disciplinary action;
   4. The DLEA will provide pertinent information from the incident to all division training coordinators;
   5. CARC shall meet at the call of the Chairperson, with at least ten (10) days prior notice.
   6. The Chairperson may appoint a committee secretary who shall keep the record of the committee’s proceedings and be the custodian of the records;
   7. The meetings of the CARC are not open to the public, press, or other department personnel except as authorized by the DLEA;
   8. Representatives of DCAT shall attend the CARC meeting in order to present their report and respond to questions from the Committee. All reports shall be returned to the Chairperson at the conclusion of the meeting;
   9. The documents received by CARC and proceedings of CARC shall be considered confidential to the fullest extent possible pursuant to ORC §149.43, et seq.;
   10. CARC may direct the DCAT to conduct further investigation.

RESPONSIBILITIES

RESOURCES

• Law Enforcement Chief
• Chief Legal Counsel
• Ohio Peace Officer Training Academy
• Office of the Governor
• Ohio Collaborative Community-Police Advisory Board

CONTACTS

Related Department Forms:

• ODNR Response to Resistance/Aggression Forms
• Supervisor Review Form