No. 30388 (Amendment): R728-404. Basic Training Basic Academy Rules

DAR File No.: 30388
Filed: 09/04/2007, 11:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to update the academic requirements for an individual to pass Peace Officer Standards and Training (POST) courses; and to update the dormitory rules since POST has moved into a new facility, and no longer maintains the dormitories.

Summary of the rule or change:

The rule will update the academic percentages from 70% to 80% in order to pass a quiz or exam. This rule will also update the rules as it applies to the dormitory facility. The facility is now managed by the Salt Lake Community College. Therefore, students will be required to abide by those rules established by the community college and the building oversight committee.

State statutory or constitutional authorization for this rule:

Subsection 53-6-105(k)

Anticipated cost or savings to:

the state budget:

The proposed amendment to this rule will not have a cost or savings to the state budget because it updates the exam score average and the rules of conduct of the dormitory facility.

local governments:

The proposed amendment to this rule will not have a cost or savings to local government because it updates the exam score average and the rules of conduct of the dormitory facility.

small businesses and persons other than businesses:

The proposed amendment to this rule will not have a cost or savings to small businesses because it updates the exam score average and the rules of conduct of the dormitory facility.

Compliance costs for affected persons:

The proposed amendment to this rule will not have a cost or savings to any affected person because it updates the exam score average and the rules of conduct of the dormitory facility.

Comments by the department head on the fiscal impact the rule may have on businesses:

It has been determined that there will be no fiscal impact on any government agency or any other persons. Scott Duncan, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Peace Officer Standards and Training
410 W 9800 S
SANDY UT 84070

Direct questions regarding this rule to:

Steve Winward at the above address, by phone at 801-256-2326, by FAX at 801-256-0600, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2007

This rule may become effective on:

11/12/2007

Authorized by:

Scott T Duncan, Commissioner

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

R728-404. Basic Training Basic Academy Rules.

R728-404-2. Graduation Requirements.

A. Written Examinations and Quizzes.

1. Examinations and quizzes are a necessary method of testing not only the student's substantive knowledge, but also their reading, comprehension, and reasoning abilities, all of which are essential criteria for proper performance of peace officer functions. They will be given as indicated in the curriculum schedule. Examinations are given on the honor basis. Evidence of dishonor will result in dismissal from the Academy. Students must score an average of 80%[a minimum of 70%] on all exams except the first aid, arrest control, and certification exams where a minimum of 80% must be scored.

2. The cadet is required to maintain an 80% weighted average or higher from each weekly quiz. If a cadet falls below the 80% weighted average after three weeks in the academy, they will be counseled by the training staff and may be offered remediation.[All quizzes will be figured together to make one major examination. 70% must be scored in order to pass. This examination will be treated like all other examinations for retake purposes.]

3. The cadet is required to pass each exam with 80%. If a cadet fails the exam they will be offered remediation from the training staff and allowed one retake. For purposes of academic excellence awards, the first exam will be used in the calculation.[If a student fails a preliminary examination, he will be allowed to take a make-up exam. Regardless of what passing grade is earned on the make-up exam, the student will be given the minimum passing grade of 70% or 80% depending on which exam it is. If the score is less than the required score on the make-up examination, the student will be dismissed from the Academy and invited to return at a later date and attend another session. Should the student pass the make-up exam, but at a later date fail a second examination, he will not be allowed to take a second make-up exam and will be dismissed from the Academy but invited to return at a later date and attend another session.]

4. A final Certification Examination will be required of each student in order to achieve peace officer/special function officer certification or become certifiable. A minimum score of 80% must be scored. If the score is less than 80%, the student will be allowed to take one make-up exam to achieve the required 80%. Make-up exams must be taken prior to one year from the date of the initial exam. If the student fails to achieve 80% on the make-up certification examination, he will be required to go through the training again to achieve certification or become certifiable (be eligible to be certified when hired in a position requiring certification.) It will be the policy of the Academy to cover the expenses of a returning sponsored student; however, if a sponsored student is twice suspended from the Academy and that student continues in his attempt to complete the Academy, it will become the responsibility of the sponsoring agency and/or the student to pay the tuition assessed by the Academy. Returning self-sponsored students will be responsible for their expenses and tuition.

B. Participation.

Students will actively participate in physical fitness training, practical problems, classroom work, tours, graduation exercises, and any other activities unless specifically excused by the training supervisor.

C. Reports.

Students may be required to complete written reports. All reports will be graded on a pass/fail basis.

D. Firearms Qualification.

1. Requirements.

Students attending a basic peace officer training course will:

a. participate in firearms training and demonstrate the ability to safely handle a firearm, and

b. pass the POST approved qualification course(s) at or above the required score.

2. Retesting.

Students who fail to qualify on any qualification course will receive one opportunity to retake the course(s) and qualify. Retests will be scheduled by the POST Firearms Instructor and applicable training supervisor.

Note: The POST Staff Firearms Instructor has the discretion of deciding if mitigating circumstances should be taken into consideration when a student fails any qualification or requalification course. Mitigating circumstances include:

a. weather,

b. quality/quantity of instructors,

c. equipment problems,

d. medical problems,

e. etc.

If the POST Staff Firearms Instructor decides there were one or more circumstances beyond the control of the student or the instructor and the student fails to qualify, the POST Staff Firearms Instructor may schedule a retest.

E. Vehicle Operation.

1. Requirements.

Students attending a basic peace officer training course will:

a. participate in all scheduled classroom and practical vehicle operation training (any training missed must be made up before a student can graduate and be certified or become certifiable),

b. demonstrate the ability to safely handle a vehicle in an emergency situation, and

c. pass the POST approved qualification course(s) at or above the required score.

2. Retesting.

Students who fail to qualify on any qualification course will:

a. have four more opportunities to qualify on the day of the test;

b. after remedial training the student will have three more opportunities to qualify at a later date which will be scheduled by the driving instructor and the training supervisor.

Note: The POST Staff Vehicle Operation Instructor has the discretion of deciding if mitigating circumstances should be taken into consideration when a student fails any qualification or requalification course. Mitigating circumstances include but are not limited to:

a. weather,

b. quality/quantity of instructors,

c. equipment problems,

d. medical problems,

e. etc.

If the POST Staff Vehicle Operation Instructor decides there were one or more circumstances beyond the control of the student and the student fails to qualify, the POST Staff Vehicle Operation Instructor may schedule a retest.

F. Physical Training.

Participation in physical training is required during the basic academy program. Students will be required to take the physical assessment test at the end of the peace officer program and score at the 50th percentile in each exercise to graduate. If a student fails to pass the physical assessment test, one retest will be administered before the graduation ceremony. Should students fail to meet the physical fitness testing requirements, they will not be permitted to have their picture taken with the class or graduate with the class.

G. Arrest Control/Baton.

1. Requirements.

Students attending a basic peace officer training course will:

a. participate in scheduled arrest control/baton training,

b. demonstrate the ability to apply arrest control and baton techniques, and

c. pass a POST approved practical examination.

2. Retesting.

H. Failure to Qualify in a Skill Area.

1. Students who fail to qualify in any skill area during a basic training program, will have four years to meet the approved standard before they will be required to go back through an academy program.

2. Retesting during the four year period will be at the convenience of POST and a testing fee will be imposed each time a test is administered.

3. POST may refuse to administer a test at any time if POST feels it's in the best interest of the individual and/or POST.

I. Counsel.

Individual counseling is available to any student on request to his class training supervisor.

J. Make-Up Policy.

1. All requirements must be satisfied before a student can graduate and become certifiable or certified.

2. Basic training supervisors will notify the student and his department head of any deficiencies in meeting graduation requirements.

3. The student and department head will be advised of the policy and procedures involved in the make-up of any deficiencies for graduation and certification.

4. Should a student become ill or injured to such an extent that it is impossible or unwise to participate in any part of the academy training, a doctor must be seen by the student. A written explanation must be obtained from the doctor and presented to the student's training supervisor.

K. Attendance.

1. Students will be required to attend all training unless an emergency exists or a valid excuse is given.

2. More than three unexcused absences may result in suspension from the Academy. Acceptable excuses include but are not limited to illness, court, and death of an immediate family member. Whenever possible, absences will be cleared through the student's Academy supervisor before the absence occurs. It is the student's responsibility to contact the Academy supervisor when he is absent or late. Attendance information may be made available to department heads periodically.

3. Anyone who is tardy three times without an acceptable excuse may be subject to disciplinary action.

4. In no case will a student be certified or become certifiable who has missed more than 10% of the basic course until the necessary make-up work has been completed.

5. If a student has missed a significant part of any block of instruction, as determined by the POST staff, he will not be certified or become certifiable until the necessary make-up work is completed.

6. Under no circumstances will a student graduate if he misses any of the following classes until they are made-up:

a. Ethics and Professionalism,

b. Laws of Arrest,

c. Laws of Search and Seizure,

d. Use of Force,

e. First Aid (CPR only),

f. Emergency Vehicle Operation,

g. Vehicle Operation Liability,

h. Vehicle Operation Practical,

i. Arrest Control Practical Examination,

j. Firearms Safety,

k. Firearms Range/Day Shooting (qualification only),

l. Firearms Range/Night Shooting,

m. Reasonable Force,

n. Firearms Decision Making, or

o. Crimes-In-Progress (practical only).

L. Grounds for Dismissal From Basic Training:

1. failure to meet the minimum academic standard,

2. failure to meet the physical fitness standard,

3. failure to achieve 80% on the State Certification exam,

4. evidence of any health problem that would keep the student from successfully completing the basic training program,

5. failure to comply with Academy rules,

6. failure to meet the standards as stated in Section 53-6-203, or

7. failure to satisfactorily perform in any of the skill areas required during basic training.

 

R728-404-9. Dormitory Facilities.

All students will comply with the residency requirements for the Larry and Gail Miller Public Safety, Education and Training Center dorm facility. A copy of this policy will be provided to each student that will be using the dorm facility at the start of the academy class.[A. Academy occupants are required to keep their room clean and orderly and to make their bed daily. Random inspections will be held to insure compliance. When noncompliance is found, the person(s) in violation will be subject to disciplinary action.

B. Damage incurred through neglect or intentional abuse to Academy property will result in the student or department head being billed for all repairs and replacements.

Students shall prevent spillage or smearing of shoe polish, etc. in the rooms. Students shall also be prohibited from using Academy issued linens for the purpose of cleaning rooms or personal gear, such as guns, shoes, etc.

C. Visitors are not allowed in dormitory rooms. They are invited to visit with students in the lounges.

D. Presence in the dormitory room of a member of the opposite sex is strictly forbidden unless such person has been instructed to be there by the Academy staff. Persons found to be in violation shall be suspended from the Academy.

E. The academy will not be responsible for personal items left unsecured.

F. Housekeeping Information.

Because of the obvious importance of cleanliness in a group living environment, anyone who demonstrates an unwillingness to follow POST's housekeeping guidelines will be required to leave the dormitory facility and provide their own housing.]

 

KEY: law enforcement officers, basic academy rules

Date of Enactment or Last Substantive Amendment: [April 10, 2002]2007

Notice of Continuation: February 26, 2007

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-106; 53-6-107