Public Safety CommissionMarch 3, 2025

Item #5 Civil Processes — original pdf

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P R O F E S S I O N A L A D V I S O R Y C O M M I T T E E P R O G R A M M A N A G E R R E C O M M E N D A T I O N S Lesson: BPOC: Date: Civil Processes 14 February 17, 2025 Program Manager: Rob McGrath REVIEW OF SME RECOMMENDATIONS After a thorough review of the recommendations provided by the Subject Matter Experts (SMEs), I concur with the recommendations that specific terminology needs to be clearly defined and consistently used throughout the lesson plan. Specifically, the distinctions between lesson goals, objectives, and outcomes should be clarified. We will continue to adhere to using the terminology lesson goals and objectives as required by TCOLE; however, I recommend incorporating lesson outcomes into the Academy's lesson plans further to clarify the purpose and expectations of the training. Clarifying these terms may help Academy instructors in the lesson plan process. Dr. Jemi Sudhakar offers a concise and effective distinction between these terms: • Goals are where you want to go. • Objectives are how you get there. • Outcomes are proof that you have arrived. The SMEs also provided insights regarding the placement and flow of certain content, particularly on the differences between civil and criminal law. While the suggested adjustments may improve the logical progression of these topics, the state-mandated requirements for developing and delivering TCOLE-approved materials dictate that the content remains in its current order. This does not appear to be a significant issue, as the second learning objective effectively addresses the distinction between civil and criminal law. In support of this, the SMEs emphasized the importance of the content related to liabilities for improper acts by officers, which is addressed in the first TCOLE learning objective: "Identify possible imposed liabilities for improper acts by the officer and the outcomes occurring in that course of action." I also concur with the recommendations from the SMEs that definitions and related materials, such as the operation and jurisdictions of courts, should be consistent across the curriculum (e.g., civil vs. criminal law in Chapter 7: U.S. and Texas Constitution and Chapter 14: Civil Process). The SMEs further recommended reorganizing and expanding the content on liabilities for improper acts by officers, suggesting it be presented after the section on civil versus criminal law. They also proposed creating a detailed "liability map" to clearly outline civil, criminal, city, agency, and individual liabilities. Additional clarifications were recommended, including distinguishing between general and direct contempt and providing more review for Learning Objective 14.5, "Identify the general court jurisdiction of Texas," since this material is already covered in Chapter 7 (U.S. and Texas Constitution). REVIEW OF PAC RECOMMENDATIONS The PAC identified several common themes during their meeting. Many members agreed that “objectives” and “goals” can be confusing, and a few expressed interest in incorporating learning outcomes into lesson plans. There was unanimous agreement that terminology and material should remain consistent across chapters. Additionally, the expansion of the civil versus criminal law section was broadly supported, provided it remains in its current placement due to TCOLE- mandated guidelines. While the subject matter experts (SMEs) recommended adding more scenarios to the course, the instructors emphasized that quality over quantity is more impactful. It was determined that adding a single, well-developed scenario that fosters deeper discussion would benefit cadets more than including multiple shorter scenarios. The PAC also supported expanding the slides to clarify the different types of contempt, aligning with SME recommendations. Members further agreed that cleaning up the slides—reducing text and improving visuals—would enhance learning, as suggested by the SMEs. Creating a liability map as a visual aid and handout was also recommended to enhance clarity on civil, criminal, city, agency, and individual liabilities. KEY DISCUSSION POINTS DURING PAC SESSION 1. Use of Humor in Instruction The PAC discussed the use of humor in teaching weighty and serious topics. Research supports that humor can enhance the learning experience and improve adult education outcomes. While instructors are encouraged to use humor to connect with the cadets and improve engagement, they must remain mindful that all materials are subject to public record requests. Materials presented without context could be misinterpreted and inappropriate for inclusion in PowerPoint slides or lesson plans. 2. Content on Jurisdictions of Police Officers, Sheriffs, and Constables The PAC deliberated on the amount of content related to the roles of police officers, sheriffs, and constables. Cadets must understand the jurisdictional differences and how these agencies interact within the City of Austin, particularly in handling civil or criminal matters. While the PAC does not recommend removing this content entirely, it was suggested that a handout be created to delineate the specific roles and responsibilities of each type of officer. This would provide cadets with practical, valuable career information and allow instructors to streamline their teaching, freeing time for additional recommended materials. Page 2 3. Incorporate Neurobiology of Trauma into the course scenario The PAC supported integrating the neurobiology of trauma into the first comprehensive scenario, which involves an officer exchanging fire and striking others, leading to the death of an older woman. This scenario provides an excellent opportunity to teach mindfulness and resilience principles. While educating cadets on civil and criminal liabilities during their duties is vital, it is equally important to help them understand the biological processes occurring during and after a significant event. The PAC strongly recommended building a framework for the neurobiology of trauma within the curriculum and integrating it into this scenario. I consulted with a Trauma-Informed Emotional Freedom Techniques (EFT) Practitioner who supports the work of the Collective Sex Crimes Response Model team specializing in EFT. This practitioner emphasized the importance of addressing trauma by tailoring training to individual needs and provided techniques such as EFT tapping and acting exercises (e.g., Meisner Repetition) to help cadets manage awkward, uncomfortable, or anxiety-inducing situations. These techniques could also be helpful when cadets encounter subject matter that personally resonates with them, triggering stress, anxiety, or fear. Teaching cadets that their responses to fear and anxiety are biological and that training can help them manage these emotions is essential to preparing them for the challenges they will face in their careers. PROGRAM MANAGER RECOMMENDATIONS Using existing partnerships with Community Stakeholders One of the Academy’s top priorities is fostering collaboration with community stakeholders and subject matter experts (SMEs), both internal and external. Currently, we are partnering with the Collective Sex Crimes Response Model team to review a series of courses related to family and sex crimes, as well as trauma-informed training, with a focus on providing victim-centered law enforcement services. As part of these efforts, the development of additional trauma-informed curricula is already underway. Specifically, creating a more focused trauma-informed training course would be highly beneficial. Regardless, utilizing the Civil Process course scenario presents an excellent opportunity to highlight officer wellness, the impacts of officers' actions on injured bystanders, and self-reflection. This could also include a short mindfulness and resiliency practice session for cadets to connect the scenario with actionable skills. Building on our current partnership with CSCRM, we should explore options with the Victim Services Bureau and the CSCRM team to determine the best methods for reasonably incorporating the neurobiology of trauma into the specified scenario. It is important to note that within the normal flow of the cadet curriculum, this course, “Civil Process,” comes before “Victims of Crime.” As such, it would be important not to overload the cadets with an abundance of information taught in Page 3 upcoming courses but to take a few minutes to explain how this could impact the officers and witnesses if they found themselves in this scenario. This would be a good opportunity to practice a mindfulness breathing exercise to reset their central nervous system. These efforts should focus on best practices for teaching about mental health, officer wellness, and practical skills such as mindfulness and resilience. Additionally, the following six recommendations can be implemented by having the Academy Instructors work with the CID and TCOLE teams. They primarily involve removing redundancies within the material, streamlining content to improve the flow of information, bringing consistency within the presentation by improving the visual design of the PowerPoint presentation, and improving the presentation of videos and roleplays during the course. 1. Ensure Consistency of Definitions by having Instructors review definitions and related materials across associated chapters to ensure consistency throughout the curriculum. 2. It is recommended that instructors consult with the Legal Bureau to determine whether a liability map already exists. If none exists, Academy instructors should collaborate with the Legal Bureau and CID to draft a detailed liability map that outlines: o The differences between civil and criminal liability. o Liability distinctions for officers liability, and (personal departmental liability. Once the Legal Bureau reviews and approves the drafted map, the Academy can work with the Communications and Public Information graphic design team to create a professional and visually engaging graphic or flow chart. liability), vicarious 3. Supplement TCOLE Resources with Lesson Goals o o Instructors, in collaboration with the CTU staff, CID team, and TCOLE team, should explore options for supplementing the TCOLE Instructor Resource Guides by adding “lesson goals” to the Civil Process lesson plan, if deemed appropriate. If there is consensus on adding lesson goals to lesson plans, the CID team can work with CTU to clarify the distinctions between goals, objectives, and outcomes. o These updates could be further integrated into the TCOLE Basic Instructor School curriculum to ensure consistency across Academy courses. 4. Incorporate an additional training scenario if instructors determine that a high-quality training scenario can be added to the course without exceeding time constraints or conflicting with other recommendations. 5. Clarify "Contempt" in Slides Additional slides and information should be included to clarify the different types of “contempt” in alignment with SME recommendations. 6. Simplifying Slides o Reduce the text per slide to make the content more precise and easier to digest. Page 4 o Remove the image from the Peace Officer Liability slide to maintain professionalism and focus. Phased Implementation and Long-Term Development It is also essential to note that while these recommendations are designed to improve the course, not all may be feasible to implement immediately due to time, resource, or logistical constraints. Some recommendations, such as updating visual displays, are relatively straightforward and can be incorporated in the short term. Others, like creating a liability map, may require more extensive these from development and recommendations is critical to ensure the PAC process functions as intended and remains responsive to the needs of the course and cadets. resources. Feedback instructors and regarding teams Furthermore, while some recommendations may not be included in the initial revision of the curriculum, the Academy is committed to ongoing improvement. As instructors become more adept at delivering the material and identifying areas for enhancement, future revisions can incorporate additional recommendations. Any subsequent updates to the curriculum will be reported back to the PAC to maintain transparency and ensure that the proper feedback loops are updated and amended. This iterative approach ensures that the course evolves to meet the highest standards of training excellence while staying within its operational constraints. APPROVED DATE DISAPPROVED Lawrence Davis, Commander Lawrence Davis, Commander Page 5