General Orders Details

G2.1.4 Duty to Intervene

Chapter: Chapter 02: Role and Authority
Sub-Chapter: 2.1 - Responsibilities of Office
Effective Date: 06/21/2022
Revised Date: 06/18/2024
Rescinds: G2.1.4 – 6/21/2022

Purpose

To establish the expectation that all Indiana University Police Department (IUPD) employees have a duty to intervene and either stop or attempt to stop misconduct by any IUPD employee.

General Order

All IUPD employees have a moral, ethical, and/or legal duty to intervene to either stop, or attempt to stop, another member of the department when they witness abuse of power, excessive force, sexual harassment, and other behaviors that would unnecessarily harm others, may be in violation of IUPD general orders, the Constitution, Indiana Code, or federal law. This duty applies regardless of rank. The IUPD participates in the national Active Bystandership for Law Enforcement (ABLE) Project^TM. The ABLE Project provides training, technical assistance, and research, all with the aim of creating a police culture in which officers routinely intervene as necessary to prevent misconduct, avoid police mistakes, and promote officer health and wellness.

Definitions

Intervene - To interact with another person verbally or physically with the intent to prevent or alter a result or course of events.

Misconduct – Action, inaction, and/or failure to act by any employee of the IUPD, civilian or sworn, that violates IUPD general orders, the Constitution, Indiana Code or federal law, including but not limited to criminal acts, applicable civil laws, administrative rules, or regulations.

Duty to Intervene (2.1.4)

All IUPD employees must recognize and act upon the affirmative duty to intervene, verbally or physically, to prevent or stop any IUPD employee or other individual(s) from conducting any act that is unethical or that violates IUPD general orders, the Constitution, Indiana Code or federal law. Intervention is required when the bystander employee is witness to and has a reasonable opportunity to prevent or mitigate harm caused by policy or legal violations, or mistakes. Employees are also encouraged to intervene to assist colleagues in addressing health and wellness concerns, even where those concerns are not currently resulting in policy or legal violations. Employees should intervene in a manner that protects the safety of the community, their colleagues, and themselves to the greatest extent possible.

Any officer(s) witnessing the use of unreasonable force or actions which may lead to the use of unreasonable force by law enforcement personnel will intervene by taking all necessary actions, including, but not limited to:

• using verbal persuasion and/or commands.
• moving between and providing separation between the officer(s) and the subject.
• physically restraining the officer(s).

A supervisor who observes misconduct will issue a direct order to the employee(s) involved to cease such actions immediately.

Employees will:

• ensure that medical attention has been rendered if aid is needed by any individual.
• take a preventive approach, whenever possible, if observing behavior that suggests another employee is about to engage in unethical or inappropriate behavior.
• take an active approach to intervene to stop any unethical behavior or misconduct when such conduct is being committed by another employee.
• document an incident when a physical intervention was performed.
• report to a supervisor any required intervention or knowledge of misconduct as soon as safely possible, but no later than the end of shift in which the intervention or misconduct occurred. Upon receipt of information regarding required intervention or knowledge of misconduct, the supervisor will gather initial information and document as appropriate, which may include a coaching conversation or submitting a report into the Professional Standards System.

Employees may be subject to disciplinary action, civil liability, and/or criminal prosecution should they fail to intervene. All apparent instances of a failure to intervene, whether discovered during the course of any use of force review, internal affairs investigation, or otherwise will be investigated.

Discipline Mitigation

Discipline must be adjudicated consistently, and a similar violation should receive a similar penalty. There are often aggravating and mitigating circumstances of an offense that may impact the appropriateness of a given penalty. Because the IUPD supports employees who intervene to prevent misconduct, mistakes, and employee health/wellness problems, an effective intervention that was accepted by the accused employee will be considered a mitigating factor for both the accused employee and the intervening employee in any discipline resulting from the underlying activity that prompted the need for the intervention.

Retaliation Prohibited

The IUPD promotes and supports intervention to protect the community we serve and one another, and will not tolerate retaliation against any employee for exercising their duty to intervene. Nor will employees who engage in a good faith act of intervention to promote employee health or wellness be subject to retaliation. A good faith intervention is considered a protected activity. This is part of IUPD’s commitment to providing a culture in which employees are free from harassment and retaliation of any kind. Acts of harassment and retaliation are forms of serious misconduct and will result in investigation and appropriate disciplinary action, up to and including termination.