Tag Archives: WTF

ASU faces a Federal investigation over complaints of mishandling sexual abuse cases

We initially wrote about how easy it was for ASUPD to skew its crime statistics in October 2013, just after ASUPD released its 2012 crime statistics (here and here).

In February 2014, we did a lengthy article explaining what the Clery Act is, the reporting requirements under the law, and how it is applicable to ASUPD. In March 2014, we followed up this article with a second part which analyzed ASUPD’s crime data and illustrated exactly how ASUPD misrepresented its crime statistics and violated the Clery Act. Shortly thereafter, we wrote an article explaining what Title IX is, and how ASU is also violating provisions of it.

After months of reporting about ASU has failed to meet the requirements of the Clery Act, as well as Title IX, a formal complaint has finally been filed against ASU. This complaint has now launched ASU into the national media spotlight (as well as ASUPD, for their role in under reporting/reclassifying of statistics).

Hopefully, the pressure of a looming Federal investigation is what will help ASUPD clean house, and get on track to establishing itself as a legitimate police department.

Stand by.

Here are a few articles on the situation at ASU:

http://www.abc15.com/news/region-southeast-valley/tempe/asu-among-schools-in-us-federal-sex-assault-investigation

http://www.cnn.com/2014/05/01/us/colleges-sex-complaint-investigations/index.html?hpt=hp_t1

http://www.azcentral.com/story/news/local/tempe/2014/05/01/arizona-state-universities-sex-assault-inquiry/8565811/

 

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ASUPD nearly botches a missing student case!

 On 04-03-14, ASUPD botched yet another major call–this time a potentially missing international ASU student.

The student was last seen on the ASU Tempe campus, and this time it’s the job of ASUPD to search for and locate this student instead of the Tempe Police Department. The student’s apartment was filled with personal items someone typically wouldn’t leave behind if they were going somewhere–credit cards, money, purse, phone, and items that would have been of evidentiary value if a crime was involved. Due to this student’s status as an international student,  there were not many local contacts available to interview for further information. Additionally, the student’s Facebook and email was being used by someone admitting to be a third party and leaving cryptic messages about the status of the student without giving a location

The direct supervisor of detectives, ASUPD Sergeant Lewis was under the impression a crime had to already be committed to apply for a search warrant in this missing person case. Over the next five days this must have been believed to be true by the commander, assistant chief, and chief closely following this case and overseeing its lack of progress. All the ASUPD Commanders (who are hardly ever at their respective campuses) were running around the Tempe station in a panic, clueless about how to proceed.

What was ASUPD’s solution to finding this missing female student over the next five days? Have patrol Sergeant Macias and Detective Bryner knock on the door of the residence on three separate occasions with negative contact. A brief interview was done with the boyfriend (usually a person of interest in missing persons cases), but nothing was discovered. There was NO extensive search of the jails or hospitals, and no search warrants issued for her residence, phone, email…nothing! After five days with no leads, the case looked increasingly bleak. Instead of searching for more information, ASUPD stopped looking for more leads in this case.

As this investigation grinded to a halt, Chief Pickens (clueless has how to proceed), delegated the responsibility for handling the situation to his two assistant chiefs.  Assistant Chief Hardina reacted with a typical ASUPD response: let’s not enter it into NCIC…let’s give it to Tempe PD! His counterpart, Assistant Chief Thompson (with experience from a legitimate police agency) decided to enter it into NCIC and work the case like a responsible, capable, police department would. There was an internal debate raging on the third floor; should ASUPD continue to work this stagnant missing persons case, or should ASUPD hand it over to Tempe (where the student resided)? This was a last ditch attempt to avoid any more negative press about ASU.

When Tempe PD was notified of the missing person case (and how ASUPD failed to make any headway in the case), they immediately demanded a meeting with ASUPD’s Command Staff. Commander Michele Rourke was given the task of meeting Tempe PD to answer for ASUPD’s incompetence. However, at the last minute, a search of the local jails was done and the student was located; the meeting with Tempe PD was subsequently canceled.

This is further proof that ASUPD is incapable of handling a major incident on campus, due solely to incompetent leadership and an understaffed (and undertrained!) police department.

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Tempe named one of the most dangerous suburbs in America!

From the Phoenix New Times Blog:

Of the 10 most-dangerous suburbs in America, two of them are suburbs of Phoenix.

That’s according to the real estate website Movoto, which ranked Glendale as the seventh-most dangerous, and Tempe the eighth-most, based on FBI crime data.

The people who put the ranking together took into account murders, other violent crimes, property crimes, and total crimes, all per 100,000 people, to compare the suburbs to one another.

In Glendale, there were 6,410 property crimes per 100,000 people in 2012, the worst of any suburb. Total crime, at 6,901 per 100,000 was the sixth-highest. Glendale also ranked 18th for murders, and 18th for other violent crimes.

The odds of being a victim of a crime in Glendale in 2012 were 1 in 14.

Meanwhile, Tempe ranked 14th for property crimes and 12th for total crime.

The violent crimes are what put Tempe on the list: with seven murders per 100,000 people, the 11th-most, and 519 other violent crimes per 100,000 people, ranking 16th.

That put your odds of being a crime victim in Tempe 1 in 19 in 2012.

The six most-dangerous suburbs, beating out Glendale and Tempe, were East Point, Georgia; Camden, New Jersey; Miami Beach, Florida; Midwest City, Oklahoma; Miami Gardens, Florida; and Clarksville, Indiana.

We’re speculating the high property crime rate stems from ASU’s Tempe campus, which reported nearly 1,000 theft related crimes from it’s 2012 Clery Report. Violent crimes statistics on ASU’s Tempe Campus (forcible sex offenses, robbery, and burglary) also showed significant increases in 2012, as compared to the previous year.

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How The Integrity Report has changed ASUPD

We have received a few emails and comments from critics of The Integrity Report who like to categorize us as a  small group of “disgruntled ASUPD employees” whose issues aren’t important or legitimate. We also know ASUPD Command Staff and university officials have a similiar perception of the blog–complaints from one or two department members who don’t represent the majority opinion of the department.

The issues discussed here are very relevant to the majority of the department, and have been previously or are currently being discussed by members of ASUPD. Also, the reaction from ASUPD Command staff and university higher-ups have in regard to the blog supports the assertion that the issues discussed here ARE relevant, because many of them have elicited a knee-jerk response on behalf of ASU. Here’s our list of changes at ASUPD brought about as a direct/indirect result of the issues discussed at The Integrity Report:

The Indeed.com Pay Raises:During the Summer of 2013, an ASUPD employee posted a negative job review on the job searching site indeed.com. Soon after, a giant discussion began to brew on indeed’s employer forums area about how miserable people were working at ASUPD (the majority of the posts were subsequently removed by indeed.com, thanks to a call from a member from Command staff to the site’s administrators). Following in the footsteps of indeed.com for The Integrity Report was created for the purpose of continuing the open discussion about ASUPD’s problems.

After the slew of negative publicity about ASUPD continued (and was not able to be stopped), ASUPD decided to give its officers a “pay update” after 5+ years of pay freezes. The timing of the pay raise was very coincidental, especially considering that employees had broached the issues of a pay raise since 2009, only to be dismissed by Chief Pickens.

Resurrection of the Chief’s Advisory Board: The Chief’s Advisory Board is a tool where a select group of people chosen by the Chief go to voice their concerns over departmental issues , in hopes of some resolution. The Board has been around for years, but essentially went defunct in 2009. However, in September of 2013–directly following the indeed.com and blog scandals–the Chief’s Advisory Board sprang back to life. Pickens’ sent out a department wide email promising to use the board to resolve issues and move the department in a positive direction. Since the advisory board has come back, it has only met a handful of times, and none of the suggestions on improving the department have been implemented (other than getting rid of the mosquito problem in Tempe 103).

ASUPD’s involvement with HR: In an effort to straighten out ASUPD’s problems (and perhaps quash the flow of information to the blog), the head of ASU’s Human Resources, Kevin Salcido, began to look into the situation at the PD. Many felt (us included) that Salcido was genuinely interested in helping the PD; he listened to the concerns of at least 10 previous and current employees and stated that he would “look into”problems that were reoccurring. However, after plainly stating he was not formally investigating anyone in the PD, it became apparent Salcido was only interested in intel gathering from these “disgruntled employees”, mentioning the blog to several employees.

Employees can’t access their email on days off, post old schedules: One of our posts (where we released an old schedule to show how dangerously low staffing levels are) prompted an email to be sent to all PD employees from Kevin Salcido. This email first discussed all the things the department is doing to turn itself around (none of which have made a positive impact), and went on to state that posting an old schedule was a “security” concern and could result in termination. Shortly after this email, another email was sent to department employees forbidding them from accessing their email on their days off.

ASUPD tried several tactics to bolster staffing numbers: Following the slew of posts made about ASU’s low staffing numbers, as well as the discussion in the Chief’s Advisory Board, ASU posted a job opening for a PD recruiter position on indeed.com, as well as started an employee referral program., and created a recruiting video and brochure.

ASUPD kicked off it’s “2014 Apology Tour”: Chief Pickens held mandatory meetings at each of the satellite campuses in his first even “Apology Tour”. He felt the need to tell all of his supposed disgruntled employees personally how hard he was working to improve the department, and how much he cares about each of his employees in an effort to preserve his job. Prior to the blog, Pickens would rarely go to any of the satellite campuses, especially not for a positive reason.

 ASUPD starts taking training seriously: We have emphasized the important of training a lot here, especially in regards how poorly training your employees opens up your department for civil liability. After years of arbitrarily assigning officers/PAs to train new employees (without any formal training on how to properly do so), ASUPD has been actually sending their sworn and civilian employees to the appropriate training.

Recently, all of ASUPD’s supervisors also had some legal training from ASUPD’s legal advisers, Ginn and Edwards. The topic of discussion was none other than civil liability for supervisors! After year and years of improper training and supervision, it seems quite odd that ASUPD finally broached the issue now?

ASUPD’s “Start By Believing”: Again, the sudden emphasis on sexual violence victims comes on the heels of an article we posted on the safety of students on campus under Title IX, as well as an article about how ASUPD omitted or incorrectly reported the number of sex offenses reported under the Clery Act.

This blog and its issues have helped to set the stage for change, but it has happened because of all of ASUPD’s employees who refuse to get treated poorly, who refuse to work in a hostile environment, and who don’t accept the status quo! Thanks all for disseminating this blog and its issues to the entire AZ LE community (and also the rest of the world); it has shamed ASUPD into slowly changing their ways. However, there are still more hard issues worth discussing and battles worth waging in the near future, so stay tuned.

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ASUPD’s recruiting brochure: trying to “fix” the department by throwing more staffing at the problem

As part of ASUPD’s desperate effort to “fix” the department, ASUPD has focused the majority of its time and energy on bolstering staffing; this has included hiring a recruiter, establishing an employee referral program, and also producing a recruitment video. Additionally, ASUPD also quietly produced and distributed a formal recruitment brochure filled with the same half-truths contained within the training video.

While this is certainly not groundbreaking information, it perfectly illustrates the attitude the university/Command staff has about the current problems in the PD: instead of reprimanding or removing problem employees that hurt morale and cause people to leave, we will throw more staffing at the problem and hope that it goes away.

Clearly the department has put forth more effort producing recruitment materials than it ever has actually managing people and improving the department from within.

Check out the brochure here.

Comment below with your thoughts!

 

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ASU is non-compliant with the Clery Act and also Title IX!

Two major state universities in Michigan are currently under investigation by the Department of Education for alleged non-compliance with the Clery Act and also Title IX, according to a recent article from Campus Safety Magazine. The complaint states that both the University of Michigan, and Michigan State University failed to appropriately handle sexual abuse cases.

The complaints lodged against UM/MSU are very similiar to issues we raised in our recent article, ASU misrepresents its crime statistics, violates Clery Act (Part two).  Like UM/MSU, ASU failed appropriately handle several forcible sexual offenses.  ASU failed to report a sexual assault statistic in its 2013 Clery report, and in 2011, ASUPD failed to report at least seven sexual forcible sexual offenses.

We have previously discussed the requirements ASU must follow under the Clery Act (due to their status as a university which accepts federal financial aid), but we have yet to mention how ASU may also be in violation of Title IX. Title IX is a law passed in 1972 which requires gender equity for boys and girls in every educational program that receives federal funding. It is most commonly thought of in reference to college athletic programs, but it has a wide range of applicability, including sexual harassment and sexual violence.

According to an article on Title IX from Campus Safety Magazine:

  • Sexual violence is viewed under the law as an extreme form of hostile environment/sexual harassment and must be addressed. When an institution “knows or reasonably should know” about a hostile environment, they are required “to take immediate action to eliminate the harassment, prevent its recurrence and address its effects.” Institutions must adopt and publicize policies as well as designate at least one Title IX coordinator to respond to their obligations under the law.

In 2011, the Department of Education’s Office for Civil Rights began an initiative to require greater compliance for schools to adhere to Title IX, which included sending a letter to applicable institutions outlining the requirements. Under the requirements, ASU’s Title IX coordinator is required to communicate regularly with the school’s law enforcement unit investigating cases (ASUPD) and provide them with information regarding Title IX’s requirements. How can ASUPD refer cases to the Title IX coordinator when the department reclassifies or omits sexual offense cases from its Clery report? In addition to this, ASU’s Title IX coordinator has been accused of failing to investigate claims of sexual harassment, making the purpose of having a Title IX coordinator effectively useless.

By failing to comply with Title IX, ASU is at risk of losing its federal funding, and some cases may also be referred to the Department of Justice for litigation (this is in additional to the financial penalties the university may suffer from failing to comply with the Clery Act requirements). The student group Sun Devils Against Sexual Assault is currently in the process of filing a complaint with the Department of Education over ASU’s non-compliance with Title IX (which will hopefully incorporate ASUPD’s non-compliance with its Clery Act reporting.

 

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ASUPD’s firearms training is far from “professional”

In the past, we’ve briefly mentioned some issues surrounding ASUPD’s firearms training unit, and its professional standards (we are discussing the unit as a whole). The problems surrounding firearms training at ASUPD have been already extensively documented within the department, through both formal and informal complaints. Unfortunately, the issues at hand have yet to be even broached within the department, and are still ongoing.

This list is by no means conclusive, but touches on the major issues department personnel have with ASUPD’s firearms training.

  1. ASUPD’s line-level officers must utilize an outdoor range, while ASUPD’s firearms instructors are allowed to utilize Tempe PD’s indoor range.
    • This is self-explanatory. Line-level officers have to suffer through 110+ degree weather and no shade to qualify, while the firearms instructors (and occasionally, an officer tight with the firearms crew) use Tempe PD’s indoor, air conditioned range.
  2. ASUPD’s outdoor range has no restroom facilities, no access to water or shade. 
    • The outdoor range in the summer time is like being in hell. It’s dirty, very hot, and very dry. Have to use the restroom? Hope using the open desert as your toilet is acceptable. One officer previously filed a complaint with OSHA regarding the lack of bathroom facilities. Did we mention the broken glass and garbage scattered around the range as well?desert
  3. The range is a very long commute for nearly all of ASUPD’s officers…and that commute doesn’t come with reimbursement for mileage (most officers use their POV).
  4. ASUPD’s officers aren’t provided ammo for practice before qualification.
    • Officers already don’t make very much, but having them bear the additional burden of paying for their own ammo to practice is ludicrous. Tempe PD’s officers make more than ASUPDs’, AND they still receive a box of ammo for training purposes per month.
  5. Some members of the firearms staff create a hostile training environment on the range.
    • While handling a firearm, the last thing an officer needs to be concerned about is being treated like a scolded child. Even in emails sent out to members of the department, some of the firearms staff come across as condescending and rude. Qualification is already stressful enough–you shouldn’t be assing up your employees BEFORE they even get to the range.
  6. The firearms training unit is similiar to a fraternity!
    • It is essentially a “good ole boy’s club”, and if you are not part of it, you are treated like an outsider. The mission and focus should be on making sure all your officers can successfully qualify, reinforcing good habits, emphasizing marksmanship…ie, TRAINING! The mark of a good instructor is measured by the officers that succeed.hay

ASUPD Firearms Frolic

These pictures are NOT indicative of a “professional” firearms unit, and convey how serious some of the instructors take their jobs.

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A note from Kevin Salcido regarding The Integrity Report

From: Kevin Salcido
Sent: Wednesday, February 19, 2014 9:53 AM
Cc: Morgan Olsen; John Pickens (Chief of Police)
Subject: Protecting Safety Sensitive Information

As a university, ASU supports freedom of expression.

 

As an employer, ASU respects all laws pertaining to protected employee activity.

 

As we are all aware, the Integrity report blog has existed for some time now as a forum for some employees to express their opinions about ASU PD operations.

 

Recently, a staffing schedule was posted to the blog that described manpower levels at our campuses.  This posting exceeds the bounds of free expression and protected activity because it has safety and security implications for the ASU community. 

 

While ASU has remained neutral in matters pertaining to the blog,  it should be understood that anyone who publicly shares or takes and posts sensitive operational information, obtained through any means , which could potentially compromise the security and safety of the ASU community can and will be subject to disciplinary action up to and including termination. 

 

We have launched several programs in the ASU PD in the past few months aimed at improving officer recruitment,  morale and  retention. These programs are already showing positive results.  As always, those wishing to report legitimate concerns can do so through their chain of command, the Office of Human Resources, the Office of Equity and Inclusion or through our Hotline program.  

 

We should not lose sight of the fact that, personal opinions aside,  we are here to create a safe environment for our students.  Let’s work together in a professional and transparent manner to make the ASU PD a high performing law enforcement  organization.

Sent on behalf of:

 

Kevin Salcido

Associate Vice President/Chief Human Resource Officer

Arizona State University

 

There are several inaccurate statements that are presented in this email from Mr. Salcido.

  • First, ASU does not respect all laws pertaining to protected employee activity. In Pickering v. Board of Education, 391 U.S. 563 (1968), held that an employee’s interest as a citizen in making public comment needs to be balanced against the employer’s competing interest “in promoting the efficiency of the public services it performs through its employees.” This “balancing test” will weigh in favor of the employee when the speech is made as a citizen on a matter of public concern. In 2006 the Federal Circuit court ruled in Garcetti that an employee is protected only if the speech is unconnected to employment (ie, they are not speaking from their position as an officer or a teacher).
  • In October 2012, U.S. District Judge William W. Caldwell ruled in Beyer v. Duncannon Borough that a former police officer’s anonymous online speech was a form of protected citizen speech because he was speaking matters of formal concern.
  • Secondly, ASUPD has policies which are overly broad and seek to curtail ANY negative comments an employee has against the department.  An example:
    • Employees of the Department shall not criticize or ridicule the Department, its policies, or other officers or employees by speech, writing, or other expression, when such speech, writing, or other expression:

      1. is defamatory, obscene, or unlawful;

      2. tends to interfere with or to undermine the effectiveness of the Department to

      provide public services;

      3. tends to interfere with the maintenance of proper discipline;

      4. tends to adversely affect the confidence of the public in the integrity of the

      Department and/or its officers and employees;

      5. Improperly damages or impairs the reputation and efficiency of the

      Department; or

      6. is made with reckless disregard for truth.

    • (The areas highlighted in bold are considered protected speech under the aforementioned court cases)
  • Third, the security issue you claim The Integrity Report has created by posting a portion of the schedule is nonsense. We posted a schedule that had already happened and was old (save for one day). We redacted names of the employees listed out of respect for their privacy. The security issues illustrated are the ones that the department created by having an inadequate number of officers to effectively police all of ASUPD’s campuses, hands down. The only safety and security implications this has for the ASU community is showing them how understaffed and overworked ASUPD’s officers are, and how ill-equipped the department is to handle a major incident on campus. The number of officers working at ASUPD are  far BELOW the national averages for number of officers per 1,000 students on public universities/colleges, according to the Department of Justice.
  • Fourth, name the programs you created (other than the officer recruitment program) that have been improving staffing and employee morale. Giving your employees a slight pay increase (which is maybe less compared to the loss of wages from no cost of living incentives or uniform allowance) hasn’t solved the morale or retention issues; morale continues to be non-existent at ASUPD, because the officers there are STILL overworked, and underpaid. Furthermore, hiring more people does NOT equal having more staff. These people still need to complete academies, pass through ASUPD’s stellar FTO program, and actually remain in the department for a significant amount of time.
  • Fifth, no action has been taken in regard to the number of people that have come to your office, Kevin, to discuss their horrible experiences from ASUPD.  Nothing.
  • Finally, all of the PD’s employees are pretty transparent with their feelings and opinions on how they have seen ASUPD slowly fall apart since Chief Pickens has been at the helm. Why not extend your employees the same courtesy and have the same transparency yourself?

Thank you for your readership, Mr. Salcido; for a blog full of “disgruntled employees” (by your own admission), you sure appear to be giving it a significant amount of attention.

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ASUPD continues to piggyback off Tempe PD’s hardwork!

From azcentral.com:

Tempe police are targeting bicycle thieves who have been stealing bikes, mostly from students, and selling them on Craigslist or eBay to support their drug habit, according to investigators.

Police launched the operation in downtown Tempe in mid-January and it has so far resulted in the recovery of more than 30 bicycles, bike parts valued at nearly $25,000 and three arrests, said Sgt. Mike Pooley, a Tempe police spokesman.

The Tempe police operation recognizes the importance of bicycles in a college town.

Authorities say that, rather than considering bicycle theft to be a typical misdemeanor crime, officers from Tempe and Arizona State University police are investigating theft rings, serving search warrants to recover stolen bikes and seeking felony trafficking in stolen property charges against suspects.

The Tempe crackdown comes as ASU police continue to target the chronic bike-theft problem with a combination of education, enforcement and providing safer places for owners to secure their bikes, Assistant Chief Jim Hardina said.

ASU features a “bike valet” near the student union where bicycles are watched for their owners. ASU also has been encouraging bicycle registration and is adding bicycle cages, where owners can store their bicycles safely.

Bicycle theft is a classic crime of opportunity, Hardina said.

“Less than two percent of the bikes stolen are locked properly,” he said. “We tell people, park your car, ride your bike, but that doesn’t work if your bike is stolen.”

Tempe police identified the three people arrested during “Operation Bike Peddler” as Loren Henderson, 46, Jeffrey Barthold, 51 and Brian Meier, 50.

“They are stealing $1,000 bikes and selling them for $150-$200,” Pooley said. “They are using the money to buy drugs and feed their addiction.”

In addition to finding bicycles and bicycle parts, police found electronics, drug paraphernalia, prescription drugs, heroin and methamphetamine when they served search warrants, he said.

Pooley urged bicycle owners, many of whom depend upon their bicycles as their primary means of transportation, to register them on the city’s website so that it would be easier for police to match stolen bicycles with their owners.

Pooley said police realize some of the bikes that investigators have recovered are stolen, but police have not been able to return them to their rightful owners because the serial numbers are not registered.

The most expensive bicycle stolen was valued at $11,000, Pooley said. He said many of the victims have been Arizona State University students who need their bicycles to get to class or to off-campus jobs.

“It creates a hardship for them” when bicycles are stolen, Pooley said.

Firstly,  TEMPE PD was the one who cracked this bike theft ring; why is ASUPD even mentioned (other than to tout their “bike valet program”)?

Secondly, ASUPD is NOT “investigating theft rings, serving search warrants to recover stolen bikes and seeking felony trafficking in stolen property charges against suspects”. There is ONE competent Detective left in Investigations (since the only other competent Detective left for another agency) who doesn’t have the resources to do all these things himself. The other “Detective”, Jennifer Bryner spends her workday day taking long lunches/BSing with other employees, not actually doing any sort of investigative work.

This entire article is a prime example of how ASUPD attempts to piggyback off the legitimate police work done by Tempe PD.

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MCSO conducts THIRD active shooter training this year!

Interesting (albeit short) article from abc15 regarding MCSO’s officers training for school shootings; this is the THIRD active-shooter type of training MCSO has done this year!! Compare this to nonexistent active shooter training that ASUPD gives its officers!!

GLENDALE, AZ – A lot of deputies were out with their guns drawn and firing today, but fortunately it was only a training exercise designed to keep school children safe.

Sheriff Joe Arpaio said he wants to make sure his deputies are ready in case a school shooting were to happen here in the Valley.

Saturday’s exercise was the third this year for the Maricopa County Sheriff’s Office.

They can be scary to watch because they look and feel so real.

Deputies had their guns drawn and “victims” were lying on the ground with simulated bullet wounds as other children ran from the scene.

Today’s exercise took place at Heritage Elementary School in Glendale.

Students watching the simulation said it was a reality check.

“To think that this actually happens in schools, just think of the amount of people running for their lives,” said student Jack Acritelli.

Arpaio said that in recent years more resources have been placed into combatting school shootings.

Just last month there were 11 shootings on school campuses around the U.S.

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