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UTS 170 Oversight of Law Enforcement and Security for The University of Texas System

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Sec. 1 Purpose

This policy establishes the oversight of law enforcement and security for the U.T. System.

Sec. 2 Principles

The University of Texas System Police is a dedicated, full-service law enforcement agency authorized by the State of Texas. The Office of Director of Police (ODOP) of U. T. System Administration is responsible for providing oversight to all U. T. System institution police departments regarding all Systemwide law enforcement and security standards and practices, staffing levels, training requirements, and professional qualifications. The Director of Police (the Director) provides oversight with respect to all of the responsibilities assigned to ODOP and to U. T. System policies regulating police department operations.

Sec. 3 Policy Statement

The University of Texas System Police is a dedicated, full-service law enforcement agency authorized by the State of Texas. The Office of Director of Police (ODOP) of U. T. System Administration is responsible for providing oversight to all U. T. System institution police departments regarding all Systemwide law enforcement and security standards and practices, staffing levels, training requirements, and professional qualifications. The Director of Police (the Director) provides oversight with respect to all of the responsibilities assigned to ODOP and to U. T. System policies regulating police department operations.

Sec. 4 Authority and Oversight

The president of each U. T. System institution, as the chief executive officer, has the authority and responsibility for operations and security for the campus. Accordingly, the president, or his or her designee, administers the operations of the U. T. System institution police department through the chief of police. The president, or his or her designee, is responsible for providing day-to-day operational oversight of the U. T. System institution police department and ensuring that the operations of the department are efficient, effective, and subject to appropriate internal controls. At System Administration, the Chancellor is responsible for providing day-to-day operational oversight of ODOP and for ensuring that the operations of the department are efficient, effective, and subject to appropriate internal controls.

Sec. 5 ODOP Responsibility

ODOP is charged, through the authority of the U. T. System Board of Regents (the Board), with responsibility for protecting and serving the students, faculty, staff, and visitors of U. T. System and its institutions and for the protection of assets within the jurisdictional boundaries of the institutions. Pursuant to this authority, ODOP has primary law enforcement jurisdiction over the institutions that comprise the U. T. System and any associated university properties.

Sec. 6 Director

The Board established the U. T. System ODOP for the purpose of providing oversight to all U. T. System institution police departments regarding Systemwide law enforcement and security standards and practices, staffing levels, training requirements, and professional qualifications. The Director is appointed by the Chancellor   and is the chief law enforcement officer for the U. T. System. The Director is also the chief administrative officer for ODOP and provides police technical oversight to the U. T. System institution police departments. The Director will also serve as the Agency Administrator for UT System Police for purposes of complying with the requirements and standards established by the Texas Commission on Law Enforcement (TCOLE) and shall be responsible for:

a) establishing and supervising all training programs offered at or through the UT System Police Academy, reviews and approves in-service training in which TCOLE credit is sought through ODOP;

b) providing training in accordance with the laws, rules, and standards of TCOLE, in order to maintain accreditation and licensing with the State of Texas;

c) operating and supervising  the Academy in accordance with TCOLErules and oversight;

d) appointing members of the Training Provider Advisory Board in accordance with TCOLE requirements.  The Advisory Board is generally responsible for providing advice on the development of curricula and training requirements as outlined by TCOLErules;

e) approving qualifications for police personnel at the UT institutions and approving admission of all applicants to basic or in-service training school at the Academy;

f) reviewing and approving qualifications of police personnel to be commissioned as peace officers for the System and the institutions;

g) commissioning and authorizing those whom serve as peace officers within the UT System.  The Director, as agency administrator under TCOLErules, also has the authority to revoke peace officer commissions;

h) appointing and revoking appointments of those who serve as telecommunicators within the UT System Police, as agency administrator under TCOLErules;

i) establishing, maintaining, and overseeing, on a Systemwide basis, a program for commissioned police personnel promotions, ensures that all promotional programs: utilize validated testing processes and instruments; provide developmental feedback, result reviews, and an appeal process; and meet accreditation standards;

j) providing oversight to all UT institution police departments regarding all Systemwide law enforcement and security standards and practices, training requirements and professional qualifications, and regarding UT System policies regulating police department operations;

k) conducting periodic inspections of institution police departments and evaluates the performance of those departments as police agencies;

l) reviewing and providing consultation regarding compensation, staffing levels and resources available for police personnel throughout the System and whether the institution police departments have the basic support infrastructure and resources necessary to perform their work and to comply with all mandates and applicable Federal and State laws and regulations, Board of Regent’s rules, System and ODOP policies, procedures, rules and regulations, and institutional policies, procedures, rules and regulations;

m) approving the establishment of an institution police department and must concur in any decision 1) altering the staffing level of an institution police department, 2) altering the ratio of peace officers to public safety officers (formerly referred to as guards), 3) by the institution to enter into a contractual agreement for temporary or permanent security services or the casual employment of other agency law enforcement officers for periodic special events;

n) formulating and establishing policies, procedures, rules, regulations, standards, and practices for UT System Police for all matters related to security, telecommunicators, law enforcement, or training based on standards and model policies established by, but not limited to, The Commission on Accreditation for Law Enforcement Agencies, Inc., (CALEA®), International Association of Chiefs of Police (IACP), International Association of Campus Law Enforcement Administrators (IACLEA), American Society of Industrial Security, and Joint Commission and TCLEOSE rules;

o) establishing and maintaining uniform reporting for UT institution police departments;

p) coordinating the use of police personnel throughout the System for any emergency or crisis situation, including the exclusive authority to direct the mobilization and deployment of the System Rapid Response Team (SRRT) or police personnel as needed;

q) is required to participate, including providing advice and counsel and making recommendations, in the selection process for the institution police department chiefs and must concur in the final decision. Conducts the mandatory background check prior to the hiring of an institution’s police department chief and ensures the candidate meets the requirements of the applicable job description for Chief of Police;

r) conducting and supervising any investigation related to a complaint involving an institution police department chief, as defined in this policy, or any other complaint upon request by the institution, or when required by law or UT System or ODOP policy;

s) reviewing the annual goals or strategic plans developed by the institution police department chiefs, providing feedback and input to the president, or his or her designee, during the annual performance evaluation of the chief;

t) is required to participate, including providing advice and counsel and making recommendations, in the termination of an institution police department chief and must concur in that decision;

u) consulting with the institutions and OCP to: systematically survey security needs of existing buildings, grounds, and lighting; recommend appropriate measures to improve and enhance security and crime prevention programs for the protection of life and property; and provide advice regarding the security requirements for new construction, including, but not limited to, security lighting and crime prevention through environmental design on the property of each institution;

v) consulting with the Chancellor, the executive vice chancellors, and the Presidents or their designees on an annual basis regarding Systemwide crime statistics, emerging patterns or trends in campus law enforcement at the UT institutions, and any public safety or security concerns that impact multiple institutions or that have significant resource implications; consulting with the Presidents or their designees on an as-needed basis regarding the institution police department’s performance in relation to all Systemwide law enforcement and security standards and practices, training requirements and professional qualifications, and in relation to all UT System policies regulating police department operations;

w) building and maintaining relationships, as appropriate, with local, state, and federal agencies that routinely collaborate with the institution police departments;

x) providing ongoing support and consultation to the institutions and institution police departments regarding law enforcement and security related policies, procedures, standards and practices;

y) providing specialized dignitary protection, criminal investigative and tactical support to the Institutions as deemed necessary by the Director;

z) coordinating special protection programs as needed for the Board of Regents and Chancellor;

a1) providing regionally assigned Police Inspectors to support the Institutions; and

b1) providing subject matter expertise in law enforcement and security matters, including, but not limited to, counter-terrorism, tactical operations, major crime investigations, intelligence, crime analysis, firearms, less-lethal technology, command and control, hostage negotiations, officer survival, use of force, and Clery reporting.

Sec. 7 Chiefs of the U. T. Institution Police Departments

The Chiefs of the UT Institution Police Department are responsible for the day-to-day management and operations of the institution police department, and shall be responsible for:

a) providing the necessary leadership, management and strategic planning, both short and long range, and oversight to protect and serve the people and institutional assets and to enforce the laws and regulations within the institution’s jurisdiction;

b) implementing an effective internal control mechanism for the institution police department, including periodic self-assessments, that allows for effective and efficient operations which are in compliance with applicable laws, regulations, and institutional policies and procedures;

c) maintaining a positive, service-oriented, working relationship with all segments of the campus community necessary to promote and conduct a successful campus law enforcement program;

d) providing assurance that the institution police department is in compliance with ODOP policies and that institution police department procedures are in alignment with ODOP requirements;

e) ensuring institution police department compliance with TCOLE rules. The Chief shall also:

i. investigate, in consultation with ODOP, allegations of serious police misconduct; and

ii. respond in a timely fashion to ODOP requirements/requests for data, records, information, assistance and specific program/project development;

f) building and maintaining relationships with local, state and federal law enforcement agencies operating within the jurisdictional area of the institution;

g) conducting campus security audits, in consultation with the appropriate campus administrator, of the buildings, grounds and lighting, for the purpose of assessing security and crime prevention requirements; and

h) in consultation with the Director, providing advice and direction regarding any security or crime prevention standards or requirements related to new construction at the institution, submitting any annual goals or strategic plans to the Director for review.

Sec. 8 Presidents or Presidential Designees with Responsibility for Administrative Oversight of Institution Police Departments

The president of the University or his or her designee shall be responsible for the administrative oversight of the institution police department and the chief of police, and shall provide day-to-day operational and administrative oversight of the institution police department and its Chief of Police, ensuring that the operations of the department are efficient, effective, and subject to appropriate internal controls. The designee appointed to provide administrative and operational oversight of the institution police department should have a direct reporting relationship to the president. Further, the president or designee shall:

a) monitor and test the internal controls for the administrative operations of the police department.  Assurance activity should be designed to complement the inspections conducted by ODOP over the technical operations of the police department;

b) facilitate the exercise of authority by ODOP and/or the Director regarding the technical oversight of the institution police department and the chief of police;

c) provide an effective management training program for the institution police command staff to ensure knowledge and compliance with applicable laws, regulations, and institutional policies and procedures relevant to any operational unit of the University;

d) provide unrestricted access to all functions, records, and property of the institution police department and ensure any necessary assistance of institutional personnel to facilitate inspections of the institution police departments or to carry out any of the enumerated responsibilities of ODOP;

e) meet with the Director and any other officers deemed necessary to discuss specific risk management and control issues impacting the operations of the institution police department;

f) provide the Director with any relevant information or reports about the operations of the institution police departments that may be obtained from internal audit, compliance inspections, external reviews, or the State Auditor’s Office;

g) notify the Director upon initiating the selection process for the chief of the institution’s police department and facilitate the Director’s participation in the selection process;

h) promptly notify the Director in the event of a serious complaint against the chief of the institution’s police department and, in consultation with the Director, determine if an investigation is necessary;

i) at the request of the Director, ensure the assistance of institution police personnel necessary to coordinate a response to an emergency or crisis situation within the System; and

j) consult with the Director on an as-needed basis regarding any question or concern related to the performance, execution or implementation by the institution police department or its Chief with respect to any Systemwide law enforcement or security standard or practice, training requirement or professional qualification, as well as any UT System policy regulating police department operations.

Sec. 9 Presidents of U. T. Institutions

The chief of police of the institution should have direct access to the president on an as needed basis. The president of the institution shall:

a) be responsible for the security of the campus and the institution’s compliance with this policy;

b) provide administrative and operational oversight, or appoint a designee to provide administrative and operational oversight, of the institution police department; and

c) appoint the chief of police, upon the recommendation of the designee, with responsibility for administrative and operational oversight of the police department and the Director.

Sec. 10 TCOLE

The Texas Commission on Law Enforcement (TCOLE), the law enforcement regulatory and licensure agency for the State of Texas, recognizes the U. T. System Police as a single police agency, with the Director of Police serving as the Agency Administrator and Chief Law Enforcement Officer for the U. T. System Police. The Director is solely responsible for the commissioning and decommissioning of all peace officers and the appointment and revocation of telecommunicators serving within U. T. System Police.

Sec. 11 Implementation of Policies and Procedures to Ensure Appropriate Oversight.

11.1 The Director will establish any necessary policies, procedures, rules, regulations, and standards for fulfilling the responsibilities assigned to ODOP, and will conduct any training necessary to implement those policies and procedures. Policies and procedures promulgated at the ODOP level apply to all U. T. System Police personnel. Any policy or procedure of an institutional police department that is in conflict with ODOP policy or procedure is null and void and has no effect.

11.2 The chief will implement those institutional policies and procedures required by ODOP, will ensure that police department staff receive the necessary training and development, and will provide a system of internal controls to monitor compliance.

11.3 The chief will implement those institutional policies and procedures relevant to any administrative operating unit of the institution and will develop any necessary internal operating procedures, including appropriate guidelines, training, and monitoring, as applicable to the unique circumstances existing at each institution. These institutional administrative policies and procedures will supplement the police policies and procedures established by ODOP but cannot modify or amend ODOP policy.

11.4 The president, or presidential designee with responsibility for administrative oversight of the institution police department, will provide the training necessary to ensure police command staff knowledge and compliance with applicable laws, regulations, and institutional policies and procedures relevant to any operational unit of the institution.

Sec. 12 Inspection of Institution Police Departments

12.1 The Director will establish an inspection program for the institution police department to determine whether the institution police department is operating in accordance with the policies, procedures, rules, regulations, and standards established by ODOP, and in consultation with the chief and executive leadership, to develop and monitor plans to achieve compliance. The Director will conduct inspections of each institution police department on a regular basis established by the Director of Police. All inspection findings will be reported to the president and the chief of police.

12.2 The president, or presidential designee with responsibility for administrative oversight of the institution police department, will conduct appropriate assurance activities, including but not limited to, audits of the police department at least once every three years. Any significant findings will be reported to the institution audit committee and to the Director.

Sec. 13 Development and Oversight of Training Programs; Operation and Supervision of the U. T. System Police Academy

13.1 ODOP, under the direction and leadership of the Director, has exclusive authority to operate and supervise the Police Academy.

13.2 The Director will review all training programs for U. T. System police. The Director will conduct annual reviews of all training programs to ensure compliance with TCLEOSE requirements, and to determine what additions or modifications to existing training programs, if any, are necessary in order to maintain a properly-trained police force.

Sec. 14 Selection of, or Complaints Against, U. T. System Institution Police Chiefs

14.1 The Director will establish the minimum hiring criteria, technical expertise, and job qualifications for the institution police chiefs. The Director will determine the eligibility of any candidate to become a finalist for an institution police chief and to receive a commission.

14.2 The Director will participate in the selection process for any police chief, including providing advice and consultation, as well as recommendations, to those conducting the selection process and shall concur in the final decision. In addition, the Director will conduct the mandatory background check performed prior to the hiring of any institution police chief.

14.3 In the event of a complaint against an institution police chief, as defined in this policy, the president, or his or her designee, will promptly notify the Director. The Director, in consultation with the institution, will determine if an investigation is necessary in relation to the complaint. If the Director and the institution determine that an investigation is necessary, ODOP will conduct the investigation. If the Director learns of a matter independently, or from any other source, and deems it to represent a complaint against a U. T. System institution police chief, as defined in this policy, the Director may initiate the appropriate investigation. The Director has the authority to revoke the commission of any institution police officer, including the police chief, based on his best judgment as Agency Administrator.

14.4 The Director should be consulted regarding any decision to terminate an institution police chief and must concur in that decision. The Director must concur with the selection of an interim police chief.

Sec. 15 Selection of, or Complaints Against, the U. T. System Director of Police

15.1 The Director is appointed by the Chancellor after a selection process to be determined by the Chancellor.

15.2 In the event of a complaint against the Director,  the Chancellor, upon consultation with general counsel, will determine if an investigation is necessary in relation to the complaint. If an investigation is deemed necessary, the Chancellor will determine who will conduct the investigation.

Sec. 16 Crisis or Emergency Response Coordination

16.1 As soon as practicable, the police chief will notify the Director regarding any need for assistance from law enforcement personnel of any other institution or from any outside law enforcement agency.

16.2 The Director will coordinate mutual aid activities between the U. T. System institution police departments during times of crisis or emergency with significant regional or statewide impact. This in no way limits the authority of the chief of police to respond directly and immediately to an ongoing crisis or emergency at, or within the immediate jurisdiction, of the institution.

Sec. 17 Security Enhancements in U. T. System Institution Facilities

17.1 The Director will develop policies and procedures for each institution police department to conduct periodic security reviews and risk assessments of buildings, grounds, and lighting.

17.2 The Director, in consultation with the Office of Capital Projects (OCP), will participate in the development of minimum guidelines regarding security and crime prevention standards or requirements with respect to new construction at any institution, or at U. T. System Administration. Such guidelines should be tailored to the unique characteristics and needs of each institution. Said guidelines will provide for input, advice, and consultation from the Director, the chief, and the designated institution representatives to ensure that security enhancements are implemented where appropriate, and that police department resources and operations are in alignment with security requirements.

Sec. 18 Support and Consultation to U. T. System Institutions

Any institution may request support, consultation, or assistance from the Director regarding any matter related to law enforcement or security, or to police department management or operations. The Director may offer such assistance on his or her own initiative, as necessary to fulfill the Director’s responsibilities under this policy.

Definitions

Administrative Oversight - referring to the oversight of those systems, processes, functions, policies, and procedures that are common to all university departments.

Chief or Chief of Police - the chief of police for a U. T. System institution.

Chief Administrative Officer - the individual with primary management responsibility for a given office, department, or function.

Complaint - a complaint against a U. T. System institution police chief, or the Director, is any matter in which the behavior or conduct in question appears to violate state or federal law, regulation or rule, or is not in substantial compliance with established U. T. System, institutional, or ODOP policy or codes of conduct.

Director or Director of Police - the Director of Police, chief administrative officer for ODOP, the Agency Administrator for the U. T. System Police, and chief law enforcement officer for the U. T. System.

OCP - the Office of Capital Projects of U. T. System Administration.

ODOP - the Office of the Director of Police of U. T. System Administration.

Police Academy or the Academy - the official cadet training facility operated by ODOP.

Presidential Designee with Responsibility for Day-to-Day Oversight of Institution Police Departments - the senior level administrator appointed by the president to provide operational and administrative oversight to the institution police department.

TCOLE - the Texas Commission on Law Enforcement (TCOLE) is the regulatory commission for all licensed peace officers, jailers, and telecommunications operators in the State of Texas. Its responsibilities include, among others, establishing minimum standards relating to competence and reliability, including education; training; physical, mental, and moral standards; and for licensing peace officers, jailers, telecommunications operators, and public security officers.

Technical Oversight - referring to the oversight of those systems, processes, functions, policies, practices, standards, and procedures, that relate specifically to law enforcement and security standards, practices, and professional qualifications and training.

The University of Texas System Police (U. T. System Police) - a single law enforcement agency recognized by TCLEOSE, which includes all officers commissioned and telecommunicators appointed by ODOP.