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EPIC ETHICAL POLICING IS COURAGEOUSEPIC ETHICAL POLICING IS COURAGEOUS

New Orleans Police Department

PEER INTERVENTION TRAINING

2017

EPIC ETHICAL POLICING IS COURAGEOUS

EPIC OVERVIEW SLIDE 4

ACTIVE BYSTANDERSHIP SLIDE 23

PEER INTERVENTION SLIDE 42

SUPPORTING EPIC AS A SUPERVISOR SLIDE 67

ACCEPTING INTERVENTION SLIDE 73

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TABLE OF CONTENTS

EPIC OVERVIEWEPIC OVERVIEW


Welcome to the New Orleans Police Department’s

groundbreaking Peer Intervention training program

designed by NOPD for NOPD.

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NEW ORLEANS POLICE DEPARTMENT

EPIC ETHICAL POLICING IS COURAGEOUS 6



▸ EPIC was designed internally with the assistance of Michael Quinn

and IELTB (International Ethics and Leadership Training Bureau, LLC),

Jacob Lundy (NOPD), Dr. Joel Dvoskin, and Dr. Ervin Staub, with continued

input from personnel across the NOPD.

▸ Completion of this course constitutes 8 hours of law enforcement training credit,

MSB/NOPD Education and Training Division.

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EPIC COURSE INFORMATION


The City of New Orleans is the copyright holder of the EPIC name,

this Law Enforcement Peer Intervention Training program, and all

associated materials.

The use or distribution of the EPIC logo without the written consent

of the City of New Orleans is prohibited. The sharing of these training

materials with proper attribution to the City of New Orleans, however,

is encouraged.

COPYRIGHT

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EPIC is a peer intervention program designed by the NOPD and specialist

partners to encourage active participation in the conduct and well-being

of our coworkers, based heavily in the history and science of active

bystandership and supported by years of research in similarly demanding fields.

Over the course of this class, officers learn about and discuss the

concepts of passive and active bystandership, inhibitors to intervention,

and NOPD’s new approach to active bystandership.

EPIC OVERVIEW

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EPIC capitalizes on our numbers; all members of the NOPD serve as the first

line of defense in preventing mistakes and misconduct, promoting mental

health, and fostering general wellness.

EPIC OVERVIEW

Authorizes and empowers us to intervene in another

officer’s actions, regardless of his/her rank.

Teaches us how to intervene successfully.

Protects us when we do intervene.

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EPIC teaches all of us more effective ways of doing what most

of us do already, and it protects us when we do.



“All that is necessary for evil to prevail is for

good men [and women] to do nothing.”

ATTRIBUTED TO EDMUND BURKE

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https://epic.nola.gov/epic/media/Assets/EPIC.mp4


Educational Institutions

• Colleges and universities are teaching students how to safely intervene

to prevent sexual assaults on campuses.

Corporate America

• Businesses are teaching employees how to intervene to prevent unethical

and illegal conduct.

Faith Organizations

• Churches, synagogues, and other faith communities are teaching their

congregants how to intervene to prevent human rights violations.

Public Health Agencies

• Public health agencies are teaching young people how to intervene to prevent

at-risk behavior among their peers to reduce the spread of HIV/AIDS.

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PEER INTERVENTION IS NOT UNIQUE TO POLICING


AIRLINES HAVE FORMAL INTERVENTION POLICIES

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@ELIF737 ISTANBUL


DOCTORS HAVE FORMAL INTERVENTION POLICIES

The Joint Commission Journal on Quality and Patient Safety; James W. Pichert, PhD; Ilene N. Moore, MD, JD;

Jan Karrass, MBA, PhD; Jeffrey S. Jay, JD; Margaret W. Westlake, MLS; Thomas Catron, PhD; Gerald B. Hickson, MD.

http://www.jointcommissioninternational.org/assets/1/7/Journal_0ct_2013-pichert_436-446.pdf

Jonathan Lundy, M.D.

http://www.jointcommissioninternational.org/assets/1/7/Journal_0ct_2013-pichert_436-446.pdf


IS MODERN POLICINGA JOB OR A PROFESSION?

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EPIC brings the science of intervention strategies to the NOPD at every level…


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Officer wellness.

Officer safety and tactics.

Preventing misconduct and complaints.

Relying upon best practices in a demanding

profession.

Utilizing our entire force to take an active

role in the lives of our coworkers.

IS ABOUT



EPIC was designed specifically to avoid these scenarios.

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IS NOT

Internal Affairs program.

Discipline program.

Mediation program.

“Tell on your partner” program.



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ACTIVE BYSTANDERSHIPACTIVE BYSTANDERSHIP


Passive Bystandership

• Most humans are passive bystanders.

• We assume someone else will act.

• The more potential actors, the more likely

we are to wait for someone else

to act.

PASSIVE VS. ACTIVE BYSTANDERSHIP

Active Bystandership

• Active bystanders step forward,

speak up, and take action.

• Active bystanders do not wait for

others to act first.

Active Bystandership can be taught.

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▸ The 1964 murder of Catherine Genovese taught us about the

bystander effect and diffusion of responsibility.

▸ Experiments by Stanley Milgram taught us about obedience

to authority.

▸ Countless international atrocities taught us how passive bystanders

can actually empower and encourage wrongdoers.

▸ Research by Dr. Ervin Staub and several others has taught us about

the inhibitors to active bystandership.

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EPIC IS FOUNDED UPON EXTENSIVE SOCIAL SCIENCE


▸ Active Bystandership is contagious.

• Once an active bystander steps in, others quickly follow suit.

▸ Humanizing others vs. devaluing.

• It is often a challenge to retain empathy as a police officer, but critically important.

▸ Bystanders have enormous potential influence.

• It is hard to resist an outspoken coworker who is intent on doing the right thing.

▸ Understand “conventional rules.”

• We have volumes of conventional rules as police officers.

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SOME DISCUSSION POINTS OF THE SCIENCE…


DEPUTY SCOTT KRAUSE, MILWAUKEE SHERIFF’S OFFICE

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EMOTIONAL TRIGGERS

RECOGNIZING RISK FACTORS

It is our duty to accept appropriate intervention and constructive criticism.

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▸ What on-duty triggers set you off?

• Domestic Violence? Disrespect? Crowds?

▸ What on-duty triggers have your partners/co-workers had that you’ve noticed?

• Juveniles? Crowds? Cursing?

▸ What triggers have you seen in the community?

• Do you know what “saving face” means?


COMMON TRIGGERS IN THE FIELD

RECOGNIZING RISK FACTORS


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▸ Foot pursuits and vehicle pursuits commonly lead to problematic encounters.

▸ A member of the community challenging police authority.

▸ Heightened periods of job or personal stress.

▸ Past trauma.

▸ Hostile groups and/or crowds.


EPIC FOCUSES ON GOOD PEOPLE WHO WANT TO DO GOOD THINGS

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Most of us

Ethically Challenged

Saints


▸ Fear of retaliation.

▸ Fear of isolation from fellow officers.

▸ Fear of being wrong.

▸ Lack of knowledge/skill.

▸ Fear of crossing boundaries (e.g., rank/assignment).

▸ Diffusion of responsibility (i.e., “someone else is better equipped to intervene . . .”).

▸ “Pluralistic ignorance” (i.e., “no one else looks worried, so everything must be

fine . . .”).

WHAT ARE THE “INHIBITORS” TO BECOMING AN ACTIVE BYSTANDER?

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“The vast majority of police officers are not themselves perpetrators of wrongdoing –

perpetrators are a relatively small number of any force. While it is likely that only

a small percentage of police officers are perpetrators of serious misconduct and criminal

behavior, their influence is often significantly more pervasive than their mere numbers.

Many, if not most officers, will, at some point in their career, find themselves caught

between two very unsatisfactory choices.

While they do not perpetrate serious misconduct or crimes themselves,

they are often passive bystanders and observers of misconduct by fellow officers.”

FROM THE PRESIDENT’S TASK FORCE ON 21ST CENTURY POLICING

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▸ NOPD is looking for new ways to increase officer safety, survival, and job

satisfaction.

▸ Officers and citizens want positive change.

▸ NOPD as an organization and law enforcement family has a stake in the health and

well-being of police officers.

▸ New NOPD leadership is committed to reform.

▸ Evolving legal standards have imposed greater personal risk for non-intervention.

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WHY IS THIS THE RIGHT TIME FOR EPIC?


PEER INTERVENTION IS SUPPORTED AT ALL LEVELS

“Intervening takes courage. Not intervening is a sign of weakness.”

“I can’t think of a field with more at stake, that could benefit more from a

successful peer intervention program.”

“All of you are each other’s keeper; look out for and take care

of one another.”

“We need this program every single day. Every day we face obstacles

that lend themselves to peer intervention.”

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▸ Suspension days/termination.

▸ Stress that comes from “not doing the right thing” has been tied to

consistently high divorce rates, substance abuse rates, and suicide rates

as compared to other professions and to the population at large.

▸ Systemic damage to OUR profession.

Police officers may be held criminally and civilly responsible if a court finds

they had the opportunity to intervene in another officer’s behavior.

THE RISKS OF NON-INTERVENTION

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Cover-ups, ignoring problems, and misguided loyalty

have cost many otherwise excellent police officers their

livelihood and exacerbated negative public perception

issues.

THE RISKS OF NON-INTERVENTION

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We have both a legal and moral obligation to intervene

when another officer is involved in unethical or illegal conduct.

WHAT THE LAW SAYS ABOUT INTERVENTION

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Sec. 1983. 42 U.S. Code Section 1983, 14141, 2000d, 3789d.

Civil action for deprivation of rights.

18 U.S. Code Sec. 241,242.

Deprivation of rights under color of law.


“We conclude although Crowe was a subordinate, the evidence is

sufficient to hold him jointly liable for failing to intervene if a fellow

officer, albeit his superior, was using excessive force and otherwise was

unlawfully punishing the prisoner. . . . .”

- Putman v. Gerloff, 639 F.2d 415, 423 (8th Cir. 1981).

WHAT THE COURTS HAVE SAID…

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“[All] law enforcement officials have an affirmative duty

to intervene to protect the constitutional rights of citizens

from infringement by other law enforcement officers

in their presence. . . .”

- Anderson v. Branen, 17 F.3d 552 (2d Cir. 1994).

MORE FROM THE COURTS…

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“Plaintiff can sustain a claim for a Fourth Amendment violation against

an officer who did not participate directly in the use of force if that

officer failed to intervene despite having had a reasonable opportunity

to do so. . . .”

- Torress v. Allentown Police, No. 13-3066 (2014).

STILL MORE FROM THE COURTS…

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DO WE TRAIN APPROPRIATELY FOR THE RISKS?

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▸ We train relentlessly and appropriately for our personal safety

in a dangerous job.

▸ The nature of police work carries with it substantial legal, psychological,

and other systemic risks that we too often ignore.

HUMANS ARE TERRIBLE AT ESTIMATING RISKS…

41Source: http://freakonomics.com/


▸ Most of us will never get shot.

▸ More cops will go to prison this year than will be shot.

▸ More cops will die by suicide this year than will be shot.

▸ All of us will be confronted in policing with significant ethical, emotional,

and procedural dilemmas.

OFFICER SURVIVAL FACTS

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Do we train appropriately for ALL risks we face?


MISCONDUCT

OFFICER SEPARATIONS NATIONALLY; 2008

LOD

SUICIDE

1,500

141

141


2011

NOPD OFFICERS TERMINATED OR RUI; 2011 – 2016

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141

141

2015

2014

2013

2012

2016 14

9

16

12

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PEER INTERVENTIONPEER INTERVENTION


EPIC involves each of us giving permission for any

other police officer to intervene when we are about to

do something that could harm others or ourselves.

ETHICAL POLICING IS COURAGEOUS

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WHEN YOU THINK EPIC, THINK…

WHY WHEN HOW

WHY DO WE INTERVENE?


▸ We took an oath as new police officers.

▸ We care about the safety and mental health of our coworkers.

▸ We are ALL responsible for the reputation and public trust of our badge and the

NOPD as an organization.

▸ Courts have made clear that police officers are the first line of defense in identifying

and preventing misconduct and will be held accountable for inaction.

▸ None of us wants to lose an officer as a result of overlooking depression, PTSD, or

substance abuse.

WE INTERVENE BECAUSE…

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WHEN DO WE INTERVENE?


▸ We see an officer violating a policy or law, or about to violate a policy or law.

▸ We see an officer doing something or about to do something that would discredit

themselves, the department, or OUR profession.

▸ We see signs/symptoms of job stress or stress at home, depression,

or drug/alcohol abuse in a coworker.

▸ We see an encounter between an officer and a citizen that is likely to end badly

(hostile or escalating behavior, unprofessional conduct, etc.).

▸ We see unsafe behavior and/or bad tactics by an officer (e.g., not waiting for backup, etc.).

▸ We see an officer cutting corners that could jeopardize an investigation, safety, or public confidence.

WE INTERVENE WHEN…

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HOW DO WE INTERVENE?


Recognizing the need for an intervention and assessing the urgency.

• Is the issue minor? Serious?

• Can an intervention wait, or is it an emergency?

Acting rather than watching; being an active bystander.

• Do NOT wait for misconduct to occur or get worse.

• Do NOT ignore the “elephant in the room.”

• Be vigilant and proactive in our coworkers lives and behavior.

WE INTERVENE BY…

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Being DISCREET when appropriate… (non-emergency)

• Personal/emotional problems, drugs or alcohol – these are problems that likely

should be addressed behind closed doors, discreetly.

• Minor courtesy issues, impatience, and rudeness with the public are problems that

can be addressed before or after shifts.

Being DIRECT when appropriate… (emergency)

• Excessive use of force, blatant professionalism issues, gross misconduct – these

are issues that must be addressed on the spot and directly. Waiting to address such

issues can be dangerous.

WE INTERVENE BY…

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Considering who needs the intervention and why.

• Does the officer have a close personal friend who would be in a better position

to speak about personal problems?

• Is the officer a female who may rather be approached by another female, or vice versa?

• Does the issue need to be referred to the Officer Assistance Program (mental health,

alcohol abuse, etc.) or is this something you are prepared to discuss with the officer first?

WE INTERVENE BY…

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Does gender matter? What about rank, location, and setting?


Evaluating the seriousness of the problem.

• Minor issues and personal problems are best handled between partners or close

coworkers. Approach coworkers respectfully but directly; they have a DUTY to

accept an intervention.

• If an intervention fails, you may need to be more direct; speak up.

• In the event of serious misconduct or recurring problems where previous attempts

at intervention have failed, “escalating” interventions may be necessary.

WE INTERVENE BY…

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If a coworker is putting him/herself, the public, or YOU at risk because of

his/her behavior, others may need to be brought into the loop. This is

referred to as escalating.

• Escalation gives coworkers the incentive and the option of accepting an intervention

and correcting the problem; if they refuse your help, you may have to involve a

sergeant, lieutenant, etc.

• Escalating is still an intervention and is designed to give the coworker a chance to

correct the problem at the unit level.

• Enlist the help of “allies” when escalating – other members who can help ensure the

intervention becomes successful.

“ESCALATING”

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Problem

Airline pilots are subject to a rank structure similar to police departments and operate under similar

pressure conditions. Over the years, a number of fatal aircraft accidents involved risky senior pilot

behavior that was identified, but not addressed, by subordinate crew members who did not feel they

could speak up.

Solution

P.A.C.E. – Probing, Alerting, Challenging, and Emergency Warning. A pilot peer intervention program

designed to address this very real-world problem that has saved lives and careers. Under P.A.C.E.,

subordinate crew that intervene in risky behavior are protected by policies aimed at creating a culture

of safety.

A LOOK AT THE P.A.C.E. PROGRAM

58Source: P.A.C.E. article; Besco, Dr. Robert. President of PPI.

http://picma.org.uk/sites/default/files/Documents/Background/Besco%20Co-pilots%20dilemma.PDF

http://picma.org.uk/sites/default/files/Documents/Background/Besco Co-pilots dilemma.PDF


Under the P.A.C.E. program, when a subordinate crew member identifies

unsafe behavior, he/she:

A LOOK AT THE P.A.C.E. PROGRAM

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PROBES

ALERTS

CHALLENGES

Warns of EMERGENCY

“I believe these storms are colliding – why are we attempting to fly between them?”

“Captain, there is no longer room between these storms – I believe it is unsafe

to attempt this approach.”

“Captain, making this approach is dangerous and unnecessary – you must reevaluate

your approach decision.”

“This approach puts us all at risk of an accident – if you do not change

course immediately, I will take control of the aircraft!”


Remember, everyone in your unit and across the city is a partner.

Agree to unit, district, and bureau strategies and signals for

a discreet but effective intervention.

• “10-12” when someone is getting out of hand or needs a reminder…

• Phrases like “I’ll take over” or “Go take a break.”

All of us must be prepared to accept an intervention. When a coworker

says “take a step back,” it is code for “don’t get yourself in trouble.”

TIPS FOR SUCCESSFUL INTERVENTIONS

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▸ Approach every situation with respect and sincerity, and even humor when appropriate.

▸ Be ready to provide an alternative or suggest a remedy to the problem.

FINALLY…


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▸ Be open to the discussion of best practices, areas of improvement, and not putting your

coworkers in the difficult position of deciding whether they must report misconduct.

▸ Remember that EPIC is fully supported by all levels of NOPD.


▸ Remember that intervention is a cooperative endeavor…

▸ An effective intervention requires both the intervenor and the person receiving the

intervention.

Corroboration/Cooperation/Coordination…

The acceptance of an intervention is as important as the intervention itself.

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▸ The end-goal is to help a coworker – remind them of this goal.

▸ Remember that EPIC is fully supported by all levels of NOPD.

DO I HAVE TO REPORT AN INTERVENTION?


▸ NOPD policy has always required officers to report misconduct they observe.

EPIC does not change that policy.

▸ EPIC was designed to help PREVENT incidents that would require reporting

and discipline.

▸ Where an officer encounters misconduct and intervenes, and the violating officer

ACCEPTS the intervention (i.e., stops the behavior), the intervention will constitute a

formal mitigating factor in any discipline.

▸ NOPD supports EPIC and strictly prohibits retaliation, transfers, or other consequences

for intervening to protect a coworker.

REPORTING

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▸ NOPD’s new disciplinary matrix outlines mitigating factors.

Accepting an EPIC intervention is a mitigating factor.

▸ A mitigating factor can reduce suspension days and other

forms of discipline.

EPIC is built upon a simple concept: Intervention at times may be difficult

or uncomfortable, but it is far easier and better than the alternatives,

and NOPD protects officers who ACT to prevent problems.

MORE ON MITIGATION

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▸ It is against department policy to retaliate against a good faith

intervention by an officer.

▸ No member of the NOPD shall take any negative action against an

officer who upholds the ideals of EPIC by intervening where

appropriate. This includes:

RETALIATION IS PROHIBITED

• No termination.

• No discipline.

• No transfer/reassignment.

• No harassment.

• No ostracizing, disparaging comments, impugning reputation.

• Supervisors will be held accountable for providing a working atmosphere free

from retaliation. 66

SUPPORTING EPIC AS A SUPERVISORSUPPORTING EPIC AS A SUPERVISOR


▸ Use our roll calls and staff meetings as opportunities to improve

communication among coworkers.

▸ Explicitly express disapproval of criminal behavior, unethical behavior,

and misconduct.

▸ Leave no room for misunderstandings about what behavior

we are willing to tolerate from those around us.

▸ Actively promote a negative attitude toward passivity.

BEING AN EPIC MENTOR

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▸ Take advantage of “teachable moments” and the vicarious

learning of new officers.

▸ Rookies should carefully watch and learn from veterans.

▸ Demonstrate professionalism, safety, and de-escalation to new officers.

▸ Continually ask ourselves: IS THIS A JOB OR A PROFESSION?


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YOUR experience is the most valuable asset to our police department.


Recognize the consequences of police stress on our attitude and

behavior, relationships, job performance, and health.

• Ignoring stress has not served our profession well over the years.

• All high-stress fields are recognizing and supporting the need for employee outreach:

military, medicine, law enforcement, and others.

EPIC is about all aspects of our officers’ well-being, from job satisfaction

to mental health and reducing complaints.


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WHAT KIND OF WORKPLACE DO WE OWE THOSE FOLLOWING IN OUR FOOTSTEPS?

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ACCEPTING INTERVENTIONACCEPTING INTERVENTION


▸ EPIC has the NOPD’s organizational support, from the Superintendent to

the newest sitting recruit class.

▸ As the NOPD grows, all personnel should recognize the need for a

collaborative workplace where ideas and discussion are encouraged

▸ It is our duty to continually measure ourselves against our law

enforcement peers and other occupations.

▸ NOPD requires that officers recognize and respect intervention and

the role they play in promoting a safe and effective workplace.

OUR DUTY TO ACCEPT INTERVENTION…

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▸ Everyone completing EPIC training will receive a uniform pin.

▸ You are authorized by the Superintendent and the department

to wear the EPIC pin on your uniform.

▸ The EPIC pin is a reminder of this class, and of your permission

to other officers to intervene in YOUR actions.

▸ Wearing the EPIC pin is not required. If you are not on board with the

principles of EPIC and its power to save careers, families, and lives

you are not obligated to wear the pin.

THE EPIC UNIFORM PIN

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▸ Your authorization is central to the success of peer intervention

ACCEPTING INTERVENTION

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Do YOU authorize the people in this classroom to

intervene?

MODEL TO USE…

WHY WHEN HOW

PUTTING EPIC AND THE


▸ Put EPIC to work in Role Play Scenarios.

▸ Use realistic scenarios that offer true dilemmas.

▸ Discuss a variety of options in resolving each scenario.

▸ The scenario goals are to find solutions that:

1. Prevent the dilemma, and;

2. Offer a learning opportunity for those involved (“teachable moments”).

PRACTICING INTERVENTION TACTICS

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“It is curious that physical courage should be so

common in the world and moral courage so rare.”

MARK TWAIN


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▸ EPIC is supported with a soon-to-roll-out website where officers can

view updates to this training as well as articles on the science of

intervention.

▸ OAP (Officer Assistance Program) counselors and psychologists

have attended EPIC training and support referrals for problems that

fall under mental health and substance abuse.

▸ All NOPD supervisors and command staff have attended EPIC training

and fully support the mission of peer intervention.

“BACK UP” RESOURCES

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WE’RE SOCIAL

[email protected]

Facebook/NOPDOfficial

twıtter/NOPDNews

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CONTACT US

(504) 658-EPIC


THANK YOUWe gratefully acknowledge the contributions of Michael Quinn, Everett Doolittle,

Dr. Joel Dvoskin, Dr. Ervin Staub, Mary Howell, Barbara Attard, Ted Quant, Erin

Nelson, Jacob Lundy, Benjamin Horwitz, and other members of the NOPD,

including Superintendent Michael Harrison for his unwavering support of his

officers and the citizens of New Orleans. An additional thank you to the

contributions of Peter Mayer and Bergeron Films.

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