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HomeMy WebLinkAboutC-8033-1 - Police Operations and Protocol AgreementCoast Collcgcs 0 ORANGE Cogs r COLLEGE CCC�2wL.I!A3 \G POLICE OPERATIONS AND PROTOCOL AGREEMENT 1. Parties. This Police Operations and Protocol Agreement ("Agreement") between the Coast Community College District ("District") on behalf of Coast Community College, and Coastline College (College) on the one hand, and the Newport Beach Police Department ("Police"), on the other hand. The District and the Police may be referred to herein individually as "Party," and collectively as "Parties." 2. Recitals. This Agreement is based on the following factual recitals: a. WHEREAS, the Parties have a history of working cooperatively when necessary to protect the health, safety, and welfare of members of the District community; and b. WHEREAS, the Parties share the goal of preventing violent crimes including sexual assault at the District and in the community, and responding appropriately to victims of these crimes; and C. WHEREAS, the Parties believe that having partnership can strengthen, and help sustain, their mutual efforts to prevent and effectively respond to sexual assault and other crimes using a fair, victim -centered, and trauma -informed approach; and d. WHEREAS, the District has legal obligations under Title D{ of the Higher Education Act Amendments of 1972 ("Title IV) to take prompt and effective action in response to allegations of sexual assault involving members of the College and District community who may be the victim, alleged perpetrator, or witness to alleged conduct; and e. WHEREAS, the District has related obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act") and the Education Code; and f. WHEREAS, the Parties desire to clarify how they may cooperate and collaborate in certain circumstances as described herein. 3. Term. This Agreement is effective as of January 1, 2016, and shall terminate on December 31, 2020. 4. Statutory Authority, This Agreement, in part, is in compliance with the Kristen Smart Campus Safety Act of 1998, specifically, Education Code Section 67381(b) which requires agreements between community colleges and local law enforcements agencies which "clarify operational responsibilities for investigation of Part 1 violent crimes, sexual assaults, and hate crimes occurring on or near campus, and Education Code Section 67381(c) which provides that "local law enforcement agencies shall enter into written agreements with campus law enforcement agencies." IRV 44841-92363050 v3 5. Purposes. The purposes of this Agreement are to clarify police jurisdiction and procedures, to facilitate cooperation between the Parties, and to promote compliance with the numerous state and federal laws related to these issues such as are set forth in Education Code Sections 67380 et seg., the Clery Act, and Title IX. This Agreement also will ensure the proper reporting of all violent crimes and any property crime occurring on or near campus in compliance with the FBI Uniform Crime Reporting Program. 6. Detinitions. Within this Agreement, the following definitions apply: a. "Part 1 violent crimes" means willful homicide, forcible rape, robbery, and aggravated assault, as set forth in Education Code Section 67381(i)(2). b. "Hate crime" means any offense described in Penal Code Section 422.55. C. "Sexual assault" includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these, as set forth in Education Code Section 67381(i)(4). 7. Jurisdiction. The Parties understand that under Education Code Section 67381(a), "campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses." This provision notwithstanding, the Police are responsible for all law enforcement and criminal investigative activities at the College that involve a Part I crime, hate crime, or sexual assault, and any reported property crime. In compliance with Education Code Section 67380(a)(6)(A), the College will, as soon as reasonably practical, notify the Police of any such crime that occurs on or near College facilities. Pursuant to Education Code Section 67381(d), attached hereto as Exhibit "A" are descriptions and maps setting forth the geographical boundaries of the College's facilities within the meaning of the Clery Act. 8. Reports and Confidentiality. Pursuant to Education Code Section 67380(a)(6)(A), the Parties understand that the College shall require any report made by a victim or an employee of a Part 1 violent crime, sexual assault, or hate crime, received by a College campus security authority and made by a victim for purposes of notifying the College or the Police to be immediately, or as soon as practicably possible, disclosed to the Police without identifying the victim, unless the victim consents to being identified after the victim has been informed of his or her right to have his or her personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency , unless the College determines both of the following, in which case the College shall disclose the identity of the alleged assailant to the Police and shall immediately inform the victim of that disclosure: (a) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution; and (b) The immediate assistance of the Police is necessary to contact or detain the assailant. 9. Clery Act: Timely Warninys. and Emergency Notifications. The Parties agree to coordinate the sharing of information about reported crimes in order to facilitate legal obligations of the College and the District to issue Timely Warnings and Emergency Notifications pursuant to the Clery Act. IRV #4841-9236-3050 A 10. Confidentiality. The Parties will comply with applicable law and guidance regarding anonymous and confidential reporting of sexual assault and other crimes, including when, how, and what information can or must be disclosed to Police or to designated College officials. Each Party shall maintain the confidentiality of any information discovered through investigation of alleged criminal offenses, including the confidentiality of the victim, to the extent authorized by applicable state and federal law, and at victim request. 11. Sharing of Information. a. The Parties agree to confer and cooperate, to the extent permitted by law, regarding incidents of sexual assault and other crimes involving victims who are District or College students, employees, guests, or visitors. b. The Police agrees to notify the College promptly when it becomes aware that a District student, employee, guest, or visitor is identified as the victim or alleged perpetrator of sexual assault, hate crime, or Part 1 violent crime, so as to coordinate resources to minimize and prevent further victimization, to trigger appropriate institutional investigative action, and to adequately inform the District community of serious ongoing threats to health and safety. C. Upon request, the Parties will provide one another with information and records to the extent allowed or required by law, and in accordance with applicable policy. d. Nothing in this Agreement shall be construed as requiring the Police to share information if the Police reasonably believes that doing so would jeopardize its criminal investigation or would violate law or policy. 12. Police Responsibilities. a. The Police will provide reasonable assistance as requested by the District relating to matters of public safety, maintenance of order and investigation of crimes, including for special events, at the District or College. b. Where legally and operationally expedient, members of the Police initiating criminal or civil process (i.e., criminal investigations, arrests, service of arrest warrants, criminal summons, peace/protective orders, and search warrants) on campus will inform the College in advance of the activity. When this is not possible or practical, all information which can be shared relating to the matter will be provided to the College the earliest practical opportunity following the activity. C. The Police will work with the District to review emergency plans and to provide training when reasonable and practical. d. Significant crimes which occur off -campus but which may pose a serious or continuing threat to the District community will be reported to the College or District by the Police as soon as practicable. e. The Police agrees and understands that regardless of whether a victim of sexual assault consents to the disclosure of his or her identify, he or she has the right to a sexual assault I RV #4841-9236-3050 A 3 forensic medical examination at no cost, and has the right to participate or not in the criminal justice system, and if he or she does participate in the criminal investigation or prosecution, he or she may do so through a pseudonym. E For any crime, including crimes of sexual assault, the Police will be the lead agency for the criminal investigation and prosecution, and for the interpretation of forensic evidence. The Parties shall be cognizant of the objective of not forcing a victim to give multiple statements about a traumatic event, the Police shall keep the District informed about the status of the investigation and prosecutions for crimes committed on or near campus or involving the College or District community. g. The Police agree to provide crime data to the District related to crimes occurring on or adjacent to the District's property, on a regular basis, at the direction of the District, in order for the District to comply fully with the Clery Act. 13. Sexual Assault. a. The Police agrees to collaborate with the District as appropriate when responding to allegations of sexual assault involving one or more members of the District community along the lines set forth in this Section of the Agreement. b. The Police agrees to offer victim advocacy resources to victims of sexual assault, and with the victim's consent, to coordinate referrals for support services with the District and College. C. The Police will ensure that officers who respond to reports of sexual assault receive trauma -information and sexual assault training that teaches officers to encourage reporting, while also empowering victims to make their own choices about what course of action to pursue. This will include training regarding interviewing in an effective and bias -free manner, including forensic interviewing and evidence gathering techniques, as well as trauma -informed and bias -free investigative skills that emphasize avoiding questions and behaviors that may contribute to the re -victimization of a victim or witness. d. If requested by the Police as necessary to prevent interference with a criminal investigation, the District agrees that it may need to temporarily delay the fact-finding portion of an investigation while the Police is gathering evidence. Once the Police notifies the District that it has completed its gathering of evidence. The District will promptly resume its fact-finding. However, the Police understands and agrees that the District may need to take immediate interim action to protect the victim and or to keep the campus safe. e. The Parties agree to support and participate in existing interdisciplinary sexual assault response teams. E The Police agrees that no officer or responding individual for the Police will make statements or act in any manner that directly or indirectly discourages the victim from pursuing criminal charges. IRV #4841-9236-3050 A 4 g. The District will ensure that victims know of the right to report sexual assault to the Police and will assist victims who wish to report to do so promptly, in order to facilitate preservation of evidence and an effective response by trained criminal investigators. The District agrees that when sexual assault is reported to the District, the District will notify the victim of their reporting options, including the right to file a Title IX complaint with the District and his or her right to file a criminal complaint, as well as his or her right to decline to notify the Police. The District will provide the victim with information on how to file Title IX and criminal complaints and will neither dissuade nor require the victim to make a criminal complaint. h. The Parties agree that in the immediate aftermath of a sexual assault, a victim should be directed to, and receive assistance to access services, including referrals to counseling, a health examination, and with the victim's consent, a sexual assault forensic exam ("SAFE"), at no cost to the victim and irrespective of whether the victim engages with law enforcement. If the victim does engage with law enforcement and is transported to a hospital for a medical evidentiary or physical exam, the Parties acknowledge that the Police must notify a rape crisis counselor immediately. The Parties agree that under all circumstances in which the victim consents to a medical exam and a SAFE exam, the Police will provide transportation if requested. If the victim declines Police transportation, or if the victim reports to a medical facility, the Police will respond to the medical facility and will contact a local rape crisis center to respond to medical facility as well. With the consent of the victim, the medical facility can contact a local rape crisis center to respond to the medical facility to provide support to and advocacy for the victim. The Police will pay for the SAFE exam, and the Parties agree that the Police will not directly or indirectly pressure the victim to report the offense. The Parties agree t o ensure the timely and property collection of evidence, when the victim has made a report to the Police, and agree that the collection of evidence will not violate a victim's request for confidentiality. The victim can be encouraged to report in order to permit the Police to make timely seizure of evidence even if the victim later chooses not to proceed with criminal charges. The Police also agrees to collect, properly package, and maintain evidence by booking it into the property room of the Police to preserve the chain of custody and to take appropriate steps to preserve fragile or biological evidence or other evidence at risk of destruction. When a SAFE exam is completed, the Police will collect the SAFE kit, submit it to the appropriate crime lab for analysis pursuant to California law, and ensure the proper handling, proper custody and proper control of all collected evidence. 14. a. The College is required by the Clery Act to collect and publish statistics for reports of certain crimes, including crimes that occur on and around campus. As part of that obligation, the College hereby requests crime statistics from the Police annually. The Police agrees to continue to cooperate with the College and undertake reasonable efforts to respond to the College's request for crime statistics. b. The Police agrees to keep the District informed about current trends and patterns in sexual assault, Part I violent crimes, and hate crimes by sharing data and analysis. C. The Parties acknowledge that the District is required by federal law to have an emergency notification process to alert the campus community about significant emergencies or IRV #4841-9236-30500 5 dangerous situations that pose an immediate threat to the health and safety of students or employees occurring on campus. The District is also required by federal law to issue timely warnings to alert the campus community about certain crimes in a manner that is timely and will aid in the prevention of similar crimes. Timely warnings must be issued for crimes that represent a serious or continuing threat to students and employees. d. If the Police is aware of a significant emergency or dangerous situation that poses an immediate threat to the health and safety of the District's students or employees, or is aware o f a crime that represents a serious or continuing threat to the District's students or employees, the Police will notify the District so that the District can determine whether an emergency notification or timely warning should be issued by the District. e. The Parties understand the District's obligations to make crime information available pursuant to Education Code Section 67380(a)(3). 15. Training and Outreach. a. The Parties agree to meet -and -confer to provide education and training opportunities of interest to the Parties. The District will coordinate with the Police to implement training and education opportunities, taking into account the availability of the Police, the District, and other resources. b. The Parties will endeavor to hold at least annual meetings to review the effectiveness of their collaborations. The District will take the lead in setting up these meetings. C. The Parties agree to engage in outreach to the campus community to promote positive working relationships between law enforcement and students, employees and other stakeholders, as agreed by the Parties. 16. Miscellaneous, a. No provision of this Agreement shall form a basis of a cause of action at law or equity by either Party against the other Party, nor shall any provision of this Agreement form the basis of a cause of action at law or equity by any third party. b. Either Party may terminate this Agreement upon 30 days' notice. This Agreement may be amended or terminated only by mutual agreement of the Parties. An amendment or termination must be in writing. C. This Agreement is not intended to benefit any third party, nor shall any person who is now or in the future a party hereto be entitled to enforce any of the rights or obligations of a party under this Agreement. d. This Agreement replaces and supersedes any prior agreement between the Parties related to this subject matter. e. This Agreement will be governed and interpreted according to the laws of the State of California. L This Agreement may be executed in counterparts. g. Each Party will bear its own costs associated with this Agreement. IRV #4841-92363050 0 6 APPROVED AS TO FORM: CITY ATTORNEY 0 GE Date: a i vY IRV #4841-9236-3050 A Date Date EXHIBIT A Orange Coast College Sailing Center 1801 Pacific Coast Highway Newport Beach, CA y� 9 y 1515 Mon,r via Av 9