No. 40531 (Repeal): Rule R728-404. Basic Training Basic Academy Rules

(Repeal)

DAR File No.: 40531
Filed: 06/22/2016 12:37:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This action is being taken to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403. (Editor's Note: The proposed repeal and reenactment of Rule R728-403 is under Filing No. 40535 in this issue July 15, 2016, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403.

State statutory or constitutional authorization for this rule:

• Section 53-6-105
• Section 53-6-106
• Section 53-6-107

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the budget with the repeal of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403.

local governments:

Repealing this rule will not have an impact on local government budgets because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403.

persons other than small businesses, businesses, or local governmental entities:

The repealing of this rule will not impact other persons not mentioned in this section because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify information in the rules. The majority of the information in this rule is located in state code. The remainder of the information in this rule will now be located in Rule R728-403.

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

I have reviewed this rule and found that repealing the rule will not have a fiscal impact on business.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at [e-mail]
• Wade Breur at the above address, by phone at 801-256-2329, by FAX at , or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Scott Stephenson, Director

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

[R728-404. Basic Training Basic Academy Rules.

R728-404-1. Admission Requirements.

A. United States Citizenship.

B. Minimum age of 21 years at the time of appointment as a peace officer.

C. Fingerprinting and search of local, state and national fingerprint files to determine whether applicant has a criminal record, final certification to be withheld until this search is completed.

D. May not have been convicted of a crime for which the applicant could have been punished by imprisonment in a federal penitentiary, or for which the applicant could have been imprisoned in the penitentiary of this or another state. Conviction of any offense not serious enough to be covered under Subsection (1)(d) of 53-6-203 Utah Criminal Code, involving dishonesty, unlawful sexual conduct, physical violence, or the unlawful use, sale or possession for sale of a controlled substance is an indication that an applicant may not be of good moral character and may be grounds for denial of admission to a training program or refusal to take a certification examination. Notwithstanding the provisions of Title 77, Chapter 18, expungement of felony convictions obtained in this state and any other jurisdiction shall be considered for purposes of this subsection.

E. Shall be a high school graduate or furnish evidence of successful completion of an examination indicating an equivalent achievement.

F. Shall demonstrate good moral character as determined by a background investigation, which may include consideration of offenses expunged under Title 77, Chapter 18.

G. Free of any physical, emotional or mental conditions that might affect adversely the performance of duty as a peace officer as determined through a selection process by the employing agency.

 

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% 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.

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.

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.

 

R728-404-3. Health Services and Emergencies.

A. Any person who becomes ill or injured while at the Academy shall notify a member of the Academy staff immediately.

B. The Academy is not authorized funds to pay for prescriptions, x-rays, casts, bandages, medications or out-patient visits to hospitals. Students or their departments will be expected to pay for the above services and supplies.

C. All personal calls are to be conducted on one of the phones located strategically throughout the building. Collect calls will not be accepted.

 

R728-404-4. Classrooms.

A. Students will be responsible for keeping the classrooms neat and clean. No food, drinks or smoking will be allowed in the classroom.

B. From time to time, POST will take portions of the training to locations other than the Academy. While at any of these locations, students will respect the property of others and conduct themselves accordingly. If any damage occurs, it will be reported to the training supervisor as soon as possible.

 

R728-404-5. Special Regulations.

A. Alcohol and Gambling.

No student will consume alcohol in any form during the course of the training day. The training day shall be interpreted to mean two hours prior to the first class of the day until the completion of the last class of the day. In circumstances where classes end at 5:00 p.m. and there is scheduled evening or night classes, the last class of the day means the last night class.

1. No alcoholic beverages of any kind shall be brought onto or consumed on the Academy site unless it's part of the training schedule.

2. Gambling will not be permitted at any time or place on the Academy site.

3. Persons found to be in violation of Section D will be suspended or dismissed from the Academy.

B. Dress Code.

Students are required to wear their individual department uniform beginning the first day of class. Because almost all training requires the wearing of the department uniform it is recommended that students have at least two clean uniforms available at all times.

The following dress code will be mandatory for self-sponsored students.

1. Male. Light blue long or short sleeve shirt, navy blue slacks, navy blue tie, and conservative dress shoes.

2. Female. Light blue long or short sleeve blouse, navy blue tie, navy blue dress slacks or skirt, and conservative dress shoes.

The official Academy patch will be worn on both sleeves of the self-sponsored uniform.

3. Only authorized Academy gym clothing will be worn during physical fitness training and arrest control techniques. No radio/tape head sets will be allowed during physical training classes. Hard soled shoes will not be worn on the gym floor.

4. Practical Problems.

The training supervisor may allow students to wear appropriate civilian clothing for designated training.

a. Appropriate civilian clothing includes: blue jeans, slacks, t-shirts, sweaters, hats, coats, jackets and athletic shoes.

b. Inappropriate civilian clothing includes: cutoffs, shorts, halter tops, tank tops or any other item the training supervisor deems inappropriate.

The uniform requirement is intended to help encourage basic students to look and act in a more professional manner. Any staff member at any time can instruct a student to change a uniform or any apparel when in the opinion of the staff member it does not meet the intent of the dress code.

C. Grooming.

All students will be expected to maintain proper grooming habits at all times. Clothing will be clean and well cared for. Shoes will be shined. Male students will be clean shaven every day. Beards will not be allowed. Hair must be clean and neat. Male students will have hair trimmed so that it does not hang over the center portion of the shirt collar when the student is standing straight.

D. Conduct.

1. All students will be expected to conduct themselves in an adult and professional manner at all times.

2. No loud, abusive, or obscene language will be permitted unless necessary in a practical exercise.

F. All students shall realize that while at the Academy they will be directly supervised by their training supervisor and the Academy staff. Therefore, all decisions relative to their training status will be made by the training supervisor and approved, where necessary, through the chain of command.

 

R728-404-6. Lost, Damaged or Destroyed Items.

Students who lose or damage items beyond serviceability will be required to reimburse the Academy for the replacement value.

 

R728-404-7. Cost of Training.

Costs of Basic Training are born by the state for sponsored students. Self-sponsored students shall be charged the currently approved rate.

 

R728-404-8. Disciplinary Action.

A. Students do not have a protected property interest in their enrollment at the Academy. Any student who becomes the subject of an inquiry into an allegation of violation of Academy rules or standards will be dealt with following the procedures outlined in the Procedures for Dismissing Students from Peace Officer Training Programs for Cause found in the POST Policy and Procedure Manual.

B. A violation of any of the Academy rules can result in anyone or more of the following actions:

1. verbal reprimand,

2. written reprimand,

3. probation,

4. referral to department for discipline,

5. suspension, or

6. dismissal.

C. A student may be prohibited from participating in Academy functions during the course of an inquiry into alleged misconduct.

D. In all cases, the student will be given the opportunity to speak in his behalf before any action is taken.

E. Once an action is decided upon, the student and his employing agency will be immediately notified.

F. In all cases where a student is suspended or dismissed from the Academy, his employing agency will be immediately notified.

G. Students may appeal any decision by following the procedures outlined in the POST Policy and Procedure Manual.

 

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.

 

KEY: law enforcement officers, basic academy rules

Date of Enactment or Last Substantive Amendment: December 1, 2007

Notice of Continuation: December 13, 2011

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

 

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