65D - POLICE OVERSIGHT - Laserfiche WebLink

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Chapter 12. Properly Acknowledging Victims of Misconduct How can we support victims of real or perceived police misconduct or criminal acts committed by police officers? It is very important to realize that a victim's reality is based on his or her own experience and not on an oversight practitioner's expertise. It is generally not prudent for an oversight practitioner to listen to a complaint and immediately respond with a statement or conclusion that the police officer's action did or did not violate police department policy — even when that may appear to be the case. Oversight agencies must honestly project themselves as caring places where people can expect a welcoming ear and a helpful response. One of the most crucial needs of someone who feels they have been mistreated by law enforcement is the need to have their concern genuinely heard and acknowledged, regardless of the eventual outcome of any forthcoming investigation. One important way to ensure that victims of wrongdoing are being properly acknowledged by oversight is to train staff to become active listeners. Among other things, this requires training in withholding premature judgments or attempting to educate the complainant on police department policy before hearing the complainant's full concern. The initial intake of a complaint can often be the most important encounter the complainant will have with an oversight agency. Complainants should be assured that their story will be heard as they want to state it, and that the information will be carefully screened to determine what action the agency may take within its established authority. Some oversight agencies form screening committees to examine each new complaint and ensure that it is processed in accordance with the agency's duty and authority. Ideally, such screening committees should include multiple members with a goal of ensuring that any potential ethnic, race, gender or age -related bias be minimized as much as possible. Acknowledging victims can also help them understand what limitations exist in oversight's ability to respond to their concerns. It is deeply important not to create false expectations by overpromising what can be done. This requires every member of an oversight agency, staff at all levels included, to know what alternative external resources may be available for those cases that the agency is not allowed to take on itself. Every discussion at a case screening should include where to refer the complainant if no action is possible by the agency on the complainant's behalf. 32 65D-161