6VAC20-270 Regulations Relating to Campus Security Officers

REGULATIONS

Vol. 27 Iss. 11 - January 31, 2011

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Chapter 270

Emergency Regulation

Title of Regulation: 6VAC20-270. Regulations Relating to Campus Security Officers (adding 6VAC20-270-10 through 6VAC20-270-130).

Statutory Authority: § 9.1-102 of the Code of Virginia.

Effective Dates: January 31, 2011, through January 30, 2012.

Agency Contact: Lisa McGee, Regulatory Manager, Department of Criminal Justice Services, P.O. Box 1300, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Preamble:

The board and the department are required by § 9.1-102 (49) of the Code of Virginia to establish minimum standards for (i) employment, (ii) job-entry and in-service training curricula, and (iii) certification requirements for campus security officers. At the present time there are no regulations in place regarding campus security officers. As a result the department is unable to enforce training standards that are necessary for certification. The issue of safety and security on college campuses was addressed in the 2006 Crime Commission Study on Campus Safety.

College populations represent a large concentration of students between the ages of 18-25 years with limited supervision and life experience. In terms of homeland security, campuses are identified as "soft targets" and are frequently targeted by domestic and foreign terrorists. Campuses also house volatile materials and research facilities that are also targeted by radical elements in society. Campuses also host large stadium events and concerts, which are potential targets for terrorism and riots. Most campuses are also open access facilities to the public and relatively difficult to secure and lockdown.

Campus Security Officers are primary first responders to incidents of crime and violence on campus. Currently, little or no standardized training for Campus Security Officers exists. Additionally, there is not any established standard employment criteria  or background check requirements. The regulations will address these issues.

CHAPTER 270
REGULATIONS RELATING TO CAMPUS SECURITY OFFICERS

6VAC20-270-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Approved instructor" means a person who has been approved by the department to instruct the Campus Security Officer Training Course.

"Approved training" means training approved by the department to meet training standards.

"Approved training session" means a training session that is approved by the department for the specific purpose of training campus security officers.

"Board" means the Criminal Justice Services Board.

"Campus Security Officer" means any person employed by or contracted to a college or university for the sole purpose of maintaining peace and order and who is primarily responsible for ensuring the safety, security, and welfare of students, faculty, staff, and visitors. Certified law enforcement officers as defined in § 9.1-101 are not included in this definition.

"Campus Security Contact Person" is the person designated by the college, university or private security services business to serve as the point of contact between the department and the college, university or private security services business on matters concerning the certification of campus security officers.

"Certification" means that a qualified person has met the minimum compulsory requirements mandated for a campus security officer.

"College or university" means an institution of higher education created to educate and grant certificates or degrees in a variety of subjects.

"Contracted" means a person employed by a licensed private security services business under contract to perform the functions of a campus security officer.

"Date of hire" means the date an employee is hired to provide campus security officer services for a college, university or private security services business, and whom the department must regulate.

"Department" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Employee" means a person providing campus security services hired directly by the employing college or university, or a person hired by a licensed private security services business supplying campus security services to the college or university on a contract basis.

"Entry-level training requirement" means the compulsory modules, determined by the department, to comprise the necessary training required as a basis for certification.

"Faculty" means any of the divisions or comprehensive branches of learning at a college or university, or any individual within such a division.

"In-service training requirement" means the compulsory in-service training standards adopted by the board for campus security officers.

"Private security services business" or "PSS" means any person engaged in the business of providing, or who undertakes to provide security officers to another person under contract, express or implied as defined in § 9.1-138 of the Code of Virginia. For the purpose of this chapter, private security services business is utilized for businesses that contract campus security services to a college or university.

"Special events" means those events at which large numbers of people gather on campus or at college or university facilities creating a need for additional or specialized security actions.

"This chapter" means the Regulations Relating to Campus Security Officers.

"Training certification" means verification of the successful completion of any compulsory minimum training requirements established by this chapter.

"Training requirement" means any entry-level or in-service training or retraining standard established by this chapter.

6VAC20-270-20. Exemption from certification.

A. Contracted personnel who hold a valid private security services registration as an unarmed or armed security officer as defined under § 9.1-138 are exempt from these training standards provided that their duties are limited to security at special events.

B. Part-time officers employed or contracted to any one college or university, or any combination of colleges or universities in Virginia, are exempt from the provisions of this chapter provided that the aggregate hours worked by the officer during the calendar year do not exceed 120 hours.

6VAC20-270-30. Initial certification and training requirements.

A. In addition to meeting all the hiring requirements of the employing college, university or private security services business supplying campus security services to the college or university, all campus security officers are required to meet the following minimum certification and training requirements. Such person shall:

1. Be a United States citizen or legal resident eligible under United States law for employment in the United States.

2. Undergo a background investigation to include a criminal history inquiry. Results of such inquiries shall be examined by the employer.

3. Possess a high-school diploma, General Education Diploma or other accepted secondary school credential.

4. Be a minimum of 18 years of age.

5. Possess a valid driver's license issued by his or her state of residence if required by the duties of office to operate a motor vehicle.

6. Successfully complete or hold valid certification of first aid training. The level and substance of such training shall be at the discretion of the employing college, university or licensed PSS business.

7. Complete the online course Introduction to Incident Command System as provided by the Emergency Management Institute at the Federal Emergency Management Agency (FEMA).

8. Comply with compulsory minimum entry-level training requirements approved by the board.

a. Every campus security officer hired before January 31, 2011, is required to comply with the compulsory minimum training standards within 365 days of the effective date of this regulation. Every campus security officer hired on or after January 31, 2011, is required to comply with the compulsory minimum training standards within 180 days of the date of hire.

b. The compulsory minimum training shall consist of modules of content developed and approved by the department. Such training shall include but not be limited to:

(1) The role and responsibility of campus security officers;

(2) Relevant state and federal laws;

(3) School and personal liability issues;

(4) Security awareness in the campus environment;

(5) Mediation and conflict resolution;

(6) Disaster and emergency response; and

(7) Behavioral dynamics.

c. The compulsory minimum training shall include a test for each module approved and provided by the department with a minimum passing grade of 70% on each module. Any officer not receiving a minimum grade of 70% on each module, shall, at the discretion of the approved instructor, be given remedial training and thereafter the opportunity to be tested again on the questions incorrectly answered on the first attempt. If this option is utilized, the initial test score shall be recorded with an asterisk followed by the signature of the approved instructor who provided the remedial training. The approved instructor's signature shall be accepted as verification that the officer successfully answered enough of the questions missed on the initial test to achieve a passing score of 70%. A second unsuccessful test, subsequent to remedial training, shall result in a grade of "FAIL" after which the officer may, at the discretion of the employing college, university or PSS business be enrolled in a future session for the failed module.

9. Submit to the department a properly completed and signed application for certification from the employing college, university or PSS business, in a format provided by the department.

B. All costs associated with meeting the certification requirements are the responsibility of the employer.

C. The department may grant an extension of the time limit for completion of the compulsory minimum training and certification standards under the following documented conditions:

1. Illness or injury;

2. Military service;

3. Special duty required and performed in the public interest;

4. Administrative leave, full-time educational leave or suspension pending investigation or adjudication of a crime; or

5. Any other reasonable situation documented by the employing college, university or PSS business.

6VAC20-270-40. Certification procedures.

A. The department will notify the applicant for campus security officer certification and the designated campus security contact person for the employing college, university or PSS business, that the campus security officer is certified in accordance with this regulation after the following conditions are met:

1. Notification to the department by the designated campus security contact person, that the applicant for campus security officer certification has successfully met the following compulsory minimum entry-level requirements:

a. The total of modules that comprise the entry-level Campus Security Officer training and as required by this chapter;

b. Complete background investigation as required by this chapter;

c. First-aid training consistent with the standard set by the employing college, university or PSS business; and

d. Completion of the online course Introduction to Incident Command System as provided by the Emergency Management Institute at the Federal Emergency Management Agency (FEMA) and as indicated by the department.

2. Receipt by the department of application for certification, signed by the designated contact person for the employing college, university or PSS business.

B. If a campus security officer seeking certification is denied by the department, the department will notify the designated campus security person for the employing college, university or PSS business, and the applicant in writing, outlining the basis for the denial and the process for appeal of the decision to deny.

C. The department shall maintain a current database of certified campus security officers as well as relevant training records.

D. Certification shall be for a period not to exceed 24 months.

6VAC20-270-50. Suspension of certification.

A. Campus security officers will only be certified while employed by a college, university, or a PSS business while assigned to a college or university.

B. Certification of the campus security officer will be suspended upon the termination of the officer's employment with the college, university, or PSS business. For the purposes of this chapter, a previously certified campus security officer's status shall be changed to suspended, upon the department receiving notice that the officer is no longer employed by a college, university, or PSS business.

C. Upon obtaining employment at another college, university or PSS business, a previously certified campus security officer will not be required to repeat the entry-level campus security officer training, provided the officer's employment starts within the two-year period of the previous certification.

6VAC20-270-60. Training waiver for experienced officers.

A. Subject to the approval of the department, an entry-level training waiver may be obtained for experienced campus security officers with a minimum of five years of experience, who successfully complete the module tests with a minimum score of 70% on each test. The application for a waiver shall be submitted on the form prescribed by the department and must contain the signature of the designated campus security officer contact person.

B. If any module test grade is less than 70%, the experienced officer shall be required to complete the prescribed entry-level training as outlined in this chapter.

6VAC20-270-70. Educational requirement waiver for experienced officers.

Subject to the approval of the department, an educational requirement waiver may be obtained for campus security officers who have been continuously employed in that capacity at a college, university, or PSS business under contract at a college or university for a minimum of five years prior to January 31, 2011.

6VAC20-270-80. Standards of conduct.

A campus security officer shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter;

2. Maintain at all times with the employing college, university or PSS business, a valid mailing address. Written notification of any address change shall be submitted to the campus security contact person for the employing college, university or PSS business, no later than 10 days after the effective date of the change;

3. Inform the designated campus security contact person for the employing college, university or PSS business in writing, 72 hours or the beginning of the next work day, whichever comes first, after an arrest for any felony or misdemeanor;

4. Inform the designated campus security contact person for the employing college, university or PSS business in writing, within 72 hours or the beginning of the next work day, whichever comes first, after having been convicted of any felony or misdemeanor;

5. Inform the designated campus security contact person for the employing college, university or PSS business in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the campus security officer statutes or regulations of that jurisdiction.

6VAC20-270-90. Recertification requirements.

A. Applications for recertification must be received by the department prior to certification expiration. It is the responsibility of the campus security officer employer to ensure recertification applications are filed with the department. A valid certification as a campus security officer is required in order to remain eligible for employment as a campus security officer. If the campus security officer has met the required in-service training requirements, and the required in-service training documents and recertification application are on file with the department prior to expiration, the campus security officer is deemed recertified and may continue to operate in the campus security officer capacity.

B. Applicants for recertification must have completed 16 hours of in-service training during each two-year period after initial certification. The in-service training must be directly related to the duties of the campus security officer, to include a legal update and other relevant topics approved by the department.

C. Individuals whose certification is expired shall comply with the initial certification requirements set forth in this chapter.

D. The department, subject to its discretion, retains the right to grant an extension of the recertification time limit and requirements under the following conditions:

1. Illness or injury;

2. Military service;

3. Administrative leave, full-time educational leave or suspension pending investigation or adjudication of a crime; or

4. Any other reasonable situation documented by the employing college, university or PSS business.

E. Request for extensions shall:

1. Be submitted in writing and signed by the designated campus security contact person for the employing college, university or PSS business prior to the expiration date of the time limit for completion of the requirement;

2. Indicate the projected date for the completion of the requirement.

6VAC20-270-100. Decertification and appeal procedure.

A. The department may decertify a campus security officer who has:

1. Been convicted of or pled guilty or no contest to a felony or any offense that would be a felony if committed in Virginia;

2. Failed to comply with or maintain compliance with compulsory minimum training requirements;

3. Refused to submit to a drug screening or has produced a positive result on a drug screening reported to the employer where the positive result cannot be explained to the employer's satisfaction;

4. Lied on or failed to provide required information on an employment application for the current position;

5. Been terminated for just cause by the employing college, university or PSS business.

B. Such campus security officer shall not have the right to serve as a campus security officer within this Commonwealth until the department has reinstated the certification.

C. The findings and the decision of the department may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court).

6VAC20-270-110. Instructor approval.

A. The department may approve instructors to deliver campus security officer training and may revoke such approval for cause.

B. Each person applying for instructor approval shall:

1. Submit an instructor application, signed by the designated contact person of the employing college, university, or PSS business, on the form prescribed by the department;

2. Have a high school diploma or equivalent (GED) or have passed the National External Diploma Program;

3. Have a minimum of:

a. Two years management or supervisory experience as a campus security officer or supervisory experience with any federal, state, county or municipal law-enforcement agency in a related field; or

b. Three years general experience as a campus security officer, or with a federal, state or local law-enforcement agency in a related field; and

4. One year experience and demonstrated success as an instructor or teacher in an accredited educational institution or law-enforcement or security agency.

C. Each person applying for instructor approval shall file with the department a properly completed application provided by the department. The department maintains the right to require additional documentation of instructor qualifications.

D. The department will evaluate qualifications based upon the justification provided.

E. Upon completion of the instructor application requirements, the department may approve the instructor for an indefinite period.

F. Each instructor shall conduct himself in a professional manner and the department may revoke instructor approval for cause.

G. The department has the authority to accept a waiver application with supporting documentation demonstrating related training and/or experience that meets or exceeds standards established by the department within the three years immediately preceding the date of the instructor application.

6VAC20-270-120. Instructor standards of conduct.

An instructor shall:

A. Conform to all requirements pursuant to the Code of Virginia and this chapter;

B. Maintain a current mailing address, phone number, and email address with the department. Written notification of any address, phone number or email change shall be received by the department no later than 30 days after the effective date of the change;

C. Inform the department in writing within 72 hours or the beginning of the next work day, whichever comes first, after an arrest for any felony or misdemeanor;

D. Inform the department in writing within 72 hours or the beginning of the next work day, whichever comes first, after having been convicted of any felony or misdemeanor;

E. Inform the department in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the campus security officer statutes or regulations of that jurisdiction;

F. Conduct training sessions pursuant to requirements established in this chapter;

G. Notify the department within 10 calendar days following termination of employment; and

H. Be professional in conduct.

6VAC20-270-130. Instructor administrative requirements.

A. Campus security officer instructors shall ensure that training sessions are conducted in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance, and standards of conduct are the responsibility of the instructor of the training session.

B. Administrative requirements.

1. An approved instructor must submit, in a manner approved by the department, a notification to conduct a training session. All notifications shall be received by the department, no less than 30 calendar days before the beginning of each training session to include the date, time, instructors, and location of the training session. The department may waive the 30 day notification at its discretion.

2. The instructor must submit notification of any changes to the date, time, location, or cancellation of a future training session to the department. This notice must be received by the department at least 24 hours in advance of the scheduled starting time of the session. In the event that a session must be cancelled on the scheduled date, the department must be notified as soon as practical.

3. A test approved by the department shall be administered at the conclusion of each module of the entry-level training session. The student must attain a grade of 70% on each module. All test documents must be returned to the department with an accompanying training roster in a manner approved by the department.

4. The instructor shall submit tests and training roster to the department. These shall be received by the department within seven calendar days, or postmarked if mailed, no later than five business days following the training completion date.

5. Instructors will conduct training sessions utilizing the curriculum developed or approved by the department including, at a minimum, any compulsory minimum training standards established pursuant to this chapter. Instructors must maintain accurate and current information on relevant laws and make necessary changes to the curriculum. It is the instructor's responsibility to assure they have the most recent curriculum supplied or approved by the department.

6. The instructor shall permit the department to inspect and observe any training session.

7. Mandated training conducted not in accordance with the Code of Virginia and this chapter is invalid.

C. Attendance.

1. Campus security officers enrolled in an approved training session are required to be present for the modules required for each training session.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. Such training must be completed by the certification process deadline, and cannot be used to extend that deadline. Individuals not completing the required training within this period may not be certified or recertified and may be required to complete the entire training session.

3. Each individual attending an approved session shall comply with the regulations promulgated by the board and any other rules applicable to the session. If the instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on tests, the instructor may expel the individual from the session. The instructor shall immediately report such action to the designated campus security contact person for the employing college, university, or PSS business, and the department.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The forms are also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (6VAC20-270)

Campus Security Officer Certification Application (1/11).

Campus Security Officer Training Class Request (1/11).

Campus Security Officer Recertification Application (1/11).

Campus Security Officer Permission for Extension (1/11).

Campus Security Officer Instructor Application (1/11).

Campus Security Officer Instructor Approval Waiver Application (1/11).

VA.R. Doc. No. R11-2165; Filed January 7, 2011, 4:16 p.m.