COMPLAINT INTAKE PROCEDURES
A. Nature of Complaint
UCSB students, faculty and staff, as well as members of the general public, have the right to lodge complaints against the UCSB 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, etc.) has occurred. These complaints are referred to as “Personnel Complaints” and are divided into two categories: (1) Member of the Public or Civilian Complaints and (2) Internal Complaints. The UC Davis Office of Compliance will investigate Member of the Public or Civilian complaints. The UCSB PAB will review the investigation reports and findings and make recommendations to the UCSB PD Chief. In the event that a civilian complaint is submitted against the UCSB PD Chief, the PAB will make its recommendations to the immediate supervisor of the Chief of Police.
The UC Davis Office of Compliance will not investigate Internal Complaints filed by UCSB PD officers or other personnel. These complaints will be handled internally by the Professional Standards Unit (PSU). The PAB will not review PSU investigatory reports regarding Internal Complaints. Complaints received regarding another law enforcement agency (e.g., City of Santa Barbara Police Department) will be referred to that agency.
B. Filing Locations
A member of the campus community or general public may file a complaint by:
- Accessing and submitting a complaint form online at https://www.police.ucsb.edu/contact-us/commendations-complaints
- Faxing a completed complaint form to (805) 893-8569;
- E-mailing a completed complaint form to Lt. Matt Bowman - Matt.Bowman@police.ucsb.edu or Chief Alex Yao - Alex.Yao@police.ucsb.edu
- Submitting a completed complaint form to the UCSB Police Department at Public Safety Bldg 574, Santa Barbara, CA, 93106.
A current copy of the complaint form can be found here. The Chancellor or the Chief of Police may also refer issues to the Office of Compliance for investigation and the PAB for review and recommendation.
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 and eighty (180) days following the date of the alleged misconduct or infraction, except that the filing period shall be tolled 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; and
- the signature of the complainant.
The complainant will be provided with a copy of his or her complaint and any statement at the time the complaint is filed. All complaints filed by a member of the public with the UC Santa Barbara Police Department (UCSB PD) will be forwarded to the UC Davis Office of Compliance 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 in order to enable appropriate review and investigation.
F. Sharing of Complaints
Any complaint received by the UCSB PD will be shared with the UC Davis Office of Compliance for review and processing within two (2) business days. Any complaint received by Vice Chancellor Garry Mac Pherson will be shared with the Chief of Police, also within two (2) business days. At least monthly, Vice Chancellor Garry Mac Pherson will report to the PAB on any complaints that have been received since the previous monthly report was forwarded to the PAB by the UC Davis Office of Compliance.
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 being investigated by the Office of Compliance will be forwarded to the Chief of Police.
G. Early Resolution of Complaints
At the time of filing a complaint in person at the Police Department, when an uninvolved supervisor or the Watch Commander determines that the complainant, after discussion of the matter, is satisfied that his or her complaint required nothing more than an explanation regarding the proper implementation of department policy, procedure or law, the complaint shall be labelled “Resolved” and forwarded to the Office of Compliance within two (2) business days. The Office of Compliance will follow-up with the complainant to confirm that he or she is satisfied with the early resolution.
H. Initial Determination and Information Gathering by Chief Compliance Officer
All complaints made by members of the public will be logged by Darrel Paskett (Investigator) or designee. A confidential file will be established for each complaint received and access restricted to the Office of Compliance. These files will be stored in a secure location and maintained for at least five (5) years. Darrel Paskett (Investigator)/designee will evaluate each complaint for information necessary to conduct an investigation and proceed as follows:
- If additional information is needed, Darrel Paskett (Investigator)/designee will request additional information from the complainant to the extent that the identity of the complainant is known. If the complainant is anonymous and there is insufficient information to warrant conducting an investigation, Darrel Paskett (Investigator)/designee will close the file and no investigation shall be conducted.
- If the Chief Compliance Officer/designee 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 of were proper, or the nature of the complaint is not suitable for investigation and review by the PAB, Darrel Paskett (Investigator) /designee will notify the complainant, the Chief of Police and the PAB of the disposition in writing citing the specific reasons for the determining that the complaint will not be investigated.
- If Darrel Paskett (Investigator)/designee determines there is sufficient information and cause to investigate, they will assign the complaint to an investigator to initiate an investigation and notify the complainant, the Chief of Police and the PAB in writing of the complaint’s referral to investigation.