I. Introduction

The University of California San Francisco (UCSF) intends to develop and promote accountability, trust, and communication between the campus community and the UCSF Police Department (UCSF PD). To that end, UCSF established a Police Accountability Board (PAB) to impartially review investigative reports related to allegations of police misconduct and make recommendations in a timely manner regarding complaints filed by members of the public against the UCSF PD. PAB solicits information and input from the public and its constituent groups through various public forums. PAB may make policy, procedure, and training recommendations.

UCSF has established a procedure to investigate complaints made by the public against the UCSF PD and its officers. The complaint procedure involves the UCSF Office of Diversity & Outreach (ODO), which provides general administrative support; the UC Davis Investigations group per an established Memorandum of Understanding (MOU) with UCSF; PAB, which will review the investigatory reports and make findings and recommendations to the UCSF PD Chief, who will make the final determination with respect to each complaint, and ensure the cooperation of UCSF PD with all investigations.

PAB will produce an annual report with a summary of the number and types of complaints received, analysis trends or patterns, the disposition of those complaints, and the percentage of complaints in which the recommendations of PAB were either accepted, rejected, or modified by the Chief of Police. In addition, PAB may report on other matters, such as policy, procedure, or training recommendations.

II. Bylaws

PAB Bylaws govern the following topics:

  • Purpose of PAB;
  • PAB member qualifications;
  • Composition of PAB;
  • The nomination, selection, and alternate process;
  • Terms;
  • Officers;
  • Ethics;
  • Removal of board members;
  • Quorum and voting;
  • Recusal;
  • Training and confidentiality commitments;
  • Powers and duties;
  • Reporting; and
  • Bylaw amendment.

III. Complaint Intake

A. Nature of Complaint

UCSF learners, faculty, staff, and community members have the right to lodge complaints against the UCSF PD or its officers if they believe misconduct or infraction of rules, policy, or law (e.g., excessive force, false arrest, false imprisonment, abusive language, harassment/discrimination) has occurred. These complaints are referred to as “Personnel Complaints” and are divided into two categories: (1) Civilian Complaints and (2) Internal Complaints. Under ODO, PAB will process civilian complaints only. PAB will review investigation reports and findings and make recommendations to the UCSF PD Chief. If a civilian complaint is submitted against the UCSF PD Chief, PAB will make recommendations to the immediate supervisor of the Chief of Police.

PAB will not oversee internal PD complaints. The UCSF PD Professional Standards Unit (PSU) will handle these complaints internally. PAB will not review PSU investigatory reports regarding internal complaints. Complaints received regarding another law enforcement agency (e.g., San Francisco Police Department) will also be referred to that agency.

B. Filing Locations

Any member of the campus community or public may file a complaint by:

  1. Accessing and submitting a complaint form online at pab.ucsf.edu;
  2. E-mailing a completed complaint form to [email protected];
  3. Calling ODO at (415) 476-7700 or emailing [email protected]
  4. Submitting a completed complaint form to:

    UCSF Police Department
    654 Minnesota St., Suite 180
    San Francisco, CA 94143-0238
    (415) 476-1414
    [email protected]

A copy of the complaint form can be found here. The UCSF Chancellor or the UCSF PD Chief may also refer issues to ODO for investigation and PAB for review and recommendations.

C. Filing Deadline

The prompt filing of complaints is strongly encouraged, as it provides the best opportunity for thorough and timely investigation. Complaints shall be filed in writing no later than one hundred eighty (180) days following the date of the alleged misconduct or infraction, except that the filing period shall be extended when a complainant is incapacitated and unable to file.

D. Complaint Information

The complaint form should include:

  • Contact information for the complainant.
  • A detailed narrative, including:
    • the nature of the complaint;
    • the timing of the alleged misconduct;
    • any injuries resulting from the alleged misconduct;
    • a description of the alleged misconduct (i.e., who, what, where, how, etc.); and
    • the signature of the complainant if feasible.

The complainant will be provided with a copy of their complaint and any statement at the time the complaint is filed. All complaints filed by a member of the public with the UCSF PD will be forwarded to ODO within two (2) business days.

E. Anonymous Complaints

Anonymous complaints made by a member of the public will be accepted and may be investigated depending upon the sufficiency of the information provided. Anonymous complaints should provide as much detail as possible for appropriate review and investigation.

F. Sharing of Complaints

Any complaint received by the UCSF PD will be shared with the PAB manager for review and processing within two (2) business days. Any complaint received by the PAB manager will be shared with the UCSF PD Chief or designee, also within two (2) business days. At least quarterly, the PAB manager will report any complaints received since the prior report to the PAB members.

If, through the intake process (or subsequently during the investigation), additional allegations surface that were not contained in the original complaint but relate to the original complaint, the additional allegations will be forwarded to the UCSF PD Chief.

G. Early Resolution of Complaints

If at the time of filing a complaint in person with the UCSF PD, an uninvolved supervisor or the Watch Commander determines that the complainant, after discussion of the matter, is satisfied that the complaint response (i.e., an explanation regarding the proper implementation of department policy, procedure, or law), the complaint shall be labeled “resolved” and forwarded to ODO within two (2) business days. ODO will follow-up with the complainant to confirm that the complainant is satisfied with the early resolution.

H. Initial Determination and Information Gathering by ODO

All complaints made by members of the public will be logged by the ODO’s PAB manager or designee. A confidential file will be established for each complaint received, with access restricted to ODO and related personnel. These electronic files will be stored securely and maintained for at least five (5) years. The PAB manager or designee will evaluate each complaint for information necessary to investigate and proceed as follows:

  1. If additional information is needed, the PAB manager will request it from the complainant to the extent that the complainant's identity is known. If the complainant is anonymous and there is insufficient information to warrant an investigation, the PAB manager will close the file, and no investigation shall be conducted.
  2. If the PAB manager determines that the complaint is untimely, there is insufficient information to conduct an investigation, the allegations themselves demonstrate on their face that the acts complained about were proper, or the nature of the complaint is not suitable for investigation and review by PAB, the PAB manager will notify the complainant, the UCSF PD Chief, and PAB of the disposition in writing, citing the specific reasons for determining that the complaint will not be investigated.
  3. If the complaint alleges harassment, discrimination, or bias, the PAB manager will consult with the Office for the Prevention of Harassment and Discrimination (OPHD) to determine if further investigation by OPHD should be conducted.
  4. If, after an initial review, there is sufficient reason to consider an investigation, the PAB manager will consult with the UCSF Investigations Unit (IU) manager or designee to determine if there was a potential policy violation. The IU manager will assist in determining if there is sufficient reason to submit an investigation request to UC Davis. If the PAB manager and IU manager determine there is sufficient information and cause to investigate, the PAB manager will request an investigation by the UC Davis investigation group per the MOU. UCSF will support the UC Davis investigation process. Within 1-2 business days of the UC Davis investigation initiation, the PAB manager will notify the complainant and the UCSF PD Chief in writing of the complaint’s referral to investigate.

IV. Complaint Investigation Procedures

A. General

The following procedures shall govern the investigation process, which includes complying with the Public Safety Officers Procedural Bill of Rights (POBR) at Government Code section 3300 et seq. To the extent that there is any inconsistency between these procedures and POBR, POBR controls. A current copy of the POBR can be found here.

  1. The UCSF PD Chief or designee will be the investigator’s point of contact to gain access to UCSF PD information, documentation, and personnel. In this role, the Chief of Police will ensure necessary access to officer(s), information, and documentation needed to conduct a thorough and timely investigation. The investigator will have access to any and all UCSF PD information the investigator or PAB deems relevant to the complaint.
  2. The complaint investigation shall consist of conducting interviews with the complainant, the subject officer(s), and any witnesses, collecting relevant evidence including but not limited to UCSF PD reports and records, photographs, video, and audio records. Interviews with the subject officer(s) will be recorded, as will other interviews, to the extent that the complainant and witnesses agree. Subject officers may also record the interview, and if he or she has been previously interviewed, a copy of that recorded interview shall be provided to them prior to any subsequent interview (Government Code section 3303(g)).
  3. Officers shall be provided with reasonable notice prior to being interviewed, and interviews of accused peace officers shall be conducted during reasonable hours (Government Code section 3303(a)).
  4. If the peace officer is off duty, the officer will be compensated for the interview time (Government Code section 3303(a)).
  5. No more than two (2) interviewers may ask questions of an accused peace officer (Government Code section 3303(b)).
  6. Prior to any interview, the peace officer will be informed of the nature of the investigation (Government Code section 3303(c)).
  7. All interviews will be for a reasonable period and the peace officer’s personal needs will be accommodated during the interview (Government Code section 3303(d)).
  8. No peace officer shall be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers (Government Code § 3303(e)).
  9. Peace officers shall be informed of their constitutional rights irrespective of whether the subject officer may be charged with a criminal offense (Government Code § 3303(h)).
  10. Peace officers subjected to interviews that could result in punitive action shall have the right to have an uninvolved representative present during the interview (Government Code § 3303(i)).
  11. All peace officers shall provide complete and truthful responses to questions posed during interviews. Failure to do so will result in discipline, up to and including termination of employment.
  12. No peace officer shall be compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation (Government Code § 3307).
  13. Interviews should be conducted with minimal interference to police operations and in conformity with the POBR. Any documentary evidence received during the investigation by the investigator will be included in the investigative file, even if the investigator determines the document later to be irrelevant to the investigation.
  14. If there is pending criminal prosecution regarding the same operative facts and circumstances surrounding the complaint, the investigation will be stayed until criminal proceedings are concluded.
  15. If an investigation is stayed, all documents and information under UCSF PD’s control related to the incident in question will be preserved and maintained by the Chief of Police during the pendency of the stay to ensure no evidence is destroyed.
  16. Barring mitigating factors, the investigation should be completed, and an investigation report should be submitted to PAB within ninety (90) business days of it being assigned to an investigator unless ODO authorizes an extension upon a showing of good cause for the delay or legitimate need for additional time to complete the investigation. PAB Manager will notify the UCSF PD Chief and the complainant of the extension of time.
  17. All investigation reports of complaints made by members of the public shall be considered confidential peace officer personnel files. The contents of such files shall not be revealed to anyone other than the involved peace officer or authorized personnel except pursuant to lawful process.
  18. If the alleged accused peace officer or representative knowingly makes a false representation regarding any investigation or discipline publicly, the UCSF PD may release factual information concerning the disciplinary investigation (Penal Code section 832.7(d)).
  19. Complaints and any report or finding relating to the complaint shall be retained for a period of at least five (5) years (Penal Code section 832.5(b)).

B. Investigation Reports and PAB Review Procedures

1. Report Format

The investigator shall provide a confidential report to ODO and PAB that is redacted and does not identify the individuals involved. The UCSF PD Chief will receive an unredacted version of the investigation report. Both reports will include the following sections:

  • Introduction;
  • Summary of Allegations (including applicable policies);
  • Evidence Regarding Each Allegation (including comprehensive summaries of interviews or statements and identification of relevant documentary and electronic evidence);
  • Conclusions and Findings; and
  • Exhibit Listing.

2. Findings

The investigator's report, based on the preponderance of evidence, should contain findings for each allegation made by the complainant. The “preponderance of the evidence” standard is met when it appears more likely than not that the allegations of misconduct occurred as described.

  • Unfounded – When the investigation discloses that the alleged act(s) did not occur or did not involve department personnel. Complaints that are determined to be frivolous will be treated as unfounded (Code of Civil Procedure section 128.5 and Penal Code section 832.5(c)).
  • Exonerated – The evidence supports a finding that the alleged acts occurred; however, the conduct was justified, lawful or proper.
  • Not Sustained – The evidence is insufficient to support a finding that the alleged conduct occurred or violated department policy or procedure.
  • Sustained – The evidence supports a finding that the alleged conduct occurred and was improper (e.g., violated department policy or procedure).

3. PAB Review and Recommendation(s)

In closed session, PAB members and alternates in attendance will collectively review the investigative report(s). PAB members in attendance will vote on its recommendations to either adopt, amend, or reject the investigator’s findings. Alternates will only actively participate and vote in meetings when a PAB member is absent. If more than one alternate is available, the Chair will select the voting participant. Hard copies of reports or secured online access to the reports, will be made available prior to the closed session.

PAB has the authority to direct the investigator to re-open the investigation to pursue additional information requested by PAB.

In addition to its recommendations with respect to whether the investigator’s findings are sustained, PAB may also recommend a wide spectrum of actions to the UCSF PD Chief, including, for example, modifying policies or training. PAB, however, will not recommend a particular level of discipline or a specific corrective action, as the Chief of Police retains the responsibility for and discretion to impose discipline. PAB policy recommendations may result from issues related to a specific complaint investigation or a general policy review and analysis.

PAB recommendations regarding the investigative findings shall be in writing and, through ODO, forwarded to the UCSF PD Chief within one (1) week after PAB has voted in closed session.

PAB may also solicit progress reports from the Chief regarding policy and training recommendations.

C. Role of Chief of Police and Ultimate Record Keeping

During an investigation, and prior to making a final determination, the UCSF PD Chief may ask for additional investigation. Ultimately, the Chief of Police may adopt all, part, or none of PAB’s recommendations and retains full authority, discretion, and responsibility regarding the final disposition of the matter, including disciplinary determinations. Within thirty (30) days of the final review and determination by the Chief of Police, written notice of the findings will be sent to the complainant and PAB through ODO. This notice shall indicate the findings but will not disclose the amount of discipline, if any, imposed. The complainant will also be provided with a copy of his or her original complaint if one has not already been provided. Upon final determination, all information and documents related to the underlying complaint shall be consolidated and maintained by the UCSF PD.

Any complaining party dissatisfied with the UCSF PD Chief’s ultimate disposition of the complaint may contact the Chief of Police to discuss the matter further.

V. Annual Reporting Procedures

The complaint and PAB review processes are subject to annual reporting. PAB will submit an analysis of complaints directly to the UCSF PD Chief each year and publish an annual public report by March 1. PAB’s annual public report will include the following information:

  1. Total number of complaints filed;
  2. Types of complaints filed and analysis of trends or patterns;
  3. Disposition of complaints (e.g., not investigated, sustained, not sustained, exonerated, or unfounded);
  4. Percentage of complaints in which the Chief of Police accepted, rejected, or modified PAB’s findings; and
  5. Policy, procedure, and training recommendations.

PAB’s report shall be made available to members of the public at their request and maintained online at pab.ucsf.edu.