Body Worn Camera Policy

I. Purpose

  1. Body Worn Camera equipment has been demonstrated to be of value in preventing and resolving complaints brought by members of the public, preparing reports in connection with Code of Conduct and Equal Opportunity Policy proceedings, evaluating officer performance and accountability as well as in training and documentation of events occurring while officers perform their duties. Use of BWC equipment will allow the Department to accomplish many goals including, but not limited to:
    1. allowing officers to more accurately document events, actions, conditions, and statements made during incidents;
    2. enhancing officer’s ability to prepare reports and present testimony;
    3. improving the training capabilities of the Department; and protecting the Department and its officers from civil liability resulting from wrongful accusations of misconduct.
    4. In order to maximize the utility of BWC equipment in these and related areas, Department Officers shall follow the procedures for BWC equipment use set forth in this Policy.

II. Policy

  1. It is the policy of the Department to standardize the use of Body Worn Cameras (“BWC”) as a tool to increase transparency and accurately document interactions between Muhlenberg College’s Department of Campus Safety and Police (the “Department”) and members of the Muhlenberg College community. This Policy establishes policies and procedures for the utilization of BWC equipment issued by the Department and for the use, retention, duplication and storage of recordings from all Department issued BWC equipment.

III. Training and Pre-Operational Procedures

  1. Users of BWC equipment and supervisory personnel shall be trained on the proper use of the BWC system and shall become familiar with this Policy prior to deployment of the BWC equipment. Supervisory personnel shall ensure that BWC equipment assigned to Department Officers are in working order and that the Officers using the BWC equipment have been properly trained. Supervisory personnel will monitor and verify that Department Officers are properly using the BWC system as required by Department policy and training.
  2. The Department shall require initial training and refresher training on BWC usage, protocols and this Policy for all personnel who may use or otherwise be involved with the BWC system. Such training shall include: (i) all practices and protocols covered by this Policy; (ii) an overview of relevant state laws governing consent, evidence, victim and witness privacy and public disclosure; and (iii) best practices in responding to crime victims and calls for service, including privacy considerations, obtaining informed consent to record, and a trauma-informed response.
  3. The Officers utilizing the BWC equipment are responsible for ensuring that the BWC equipment is maintained according to the manufacture’s recommendations and Department directives.
  4. Officers shall determine whether their BWC equipment is working satisfactorily and shall bring any problems to the attention of the Director of the Department or the Director’s designee. Officers should also submit any repair requests detailing the problem via email.

IV. Use of BWC Equipment

  1. At the beginning of each shift, Officers shall obtain Department issued BWC equipment from the docking station. The Officer will wear the BWC equipment on their person in an area that permits optimal use at all times while on official uniformed duty. The BWC equipment shall be placed into the "ON" position at the beginning of the Officer's shift. Placing the camera into the "ON" position will activate the 30 second video only buffering mode. The only time the BWC equipment may be in the "OFF" position is when the Officer is in a private area such as a bathroom or locker room during their shift.
  2. Officers shall only use Department issued BWC equipment in the performance of their official duties and in accordance with the policies and procedures set forth in this Policy.
  3. Officers shall not use BWC equipment assigned to another Officer. The Department will have additional BWC equipment designated to be temporarily assigned to an Officer if an Officer’s assigned BWC equipment is inoperable. In the event that BWC equipment is temporarily assigned to an Officer, the supervisor will notify the Director of the Department by the Next business day with the pertinent information to allow for proper video and audio tracking in the BWC records management system.
  4. At the end of their shift, the Officer will place their BWC equipment into the docking station so that all recordings can be uploaded. If uploading of recordings cannot be accomplished, the Officer shall send an email to the Director of the Department or the Director’s designee advising of the same.

V. Activation of BWC Equipment

  1. This Policy is not intended to describe every possible situation in which BWC equipment may be used. In addition to the required situations outlined below, an Officer may activate the BWC equipment any time the Officer believes its use would be appropriate and/or valuable to document an incident. In addition, in some circumstances, it is not possible to capture images of the incident due to conditions or location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the BWC equipment.
    1. General
      1. Once activated, the BWC equipment, with some exceptions, shall remain on and not be turned off until the initial incident that caused the activation is concluded. For purposes of this section, conclusion of the incident occurs when the gathering of evidence or exchange of communication related to the incident, call for service or other interaction are concluded.
      2. It is understood that not all incidents will clearly start out as needing documentation by a BWC recording or having clear ending when the BWC is no longer needed. Officers will be expected to use discretion and common sense when activating and deactivating their BWC equipment.
      3. During patrol related calls for service or interactions, Officers shall, as soon as is reasonably practicable, identify themselves as a Campus Safety Officer and inform the individuals identifiably present that the encounter is being audio and visually recorded.
      4. When an Officer enters an area not normally open to the general public or any location where individuals have a reasonable expectation of privacy, such as residence hall dorm rooms, apartments or a MILE House, Officers shall, as soon as is reasonably practicable, identify themselves as a Campus Safety Officer and inform the individuals identifiably present that the encounter is being audio and visually recorded. If a request is made for the BWC equipment to be turned off by a party being contacted, the officer shall turn off the BWC equipment while in these areas or mute the audio recording on the BWC equipment.
      5. No member of the Department may surreptitiously record a conversation of another member of the Department except with a court order or when authorized by the Director of the Department for the purpose of conducting a criminal investigation or as an administrative function.
      6. Violations of this Policy shall subject the violator to discipline under Department and College policies.
    2. Required Activation of BWC Equipment
      Unless unsafe, impossible or impractical, Officers should use their BWC equipment to record the following types of incidents. If an Officer is unable to begin recording with BWC equipment due to circumstances that make doing so unsafe, impossible or impractical, the Officer should begin recording at the first reasonable opportunity. In the event the BWC equipment is not activated or activation is delayed in such circumstances, the Officer will document the reason why in their report. In addition, once activated, whenever BWC equipment is then manually deactivated prior to the end of the activity, the Officer must document the reason for the deactivation in their report narrative.

All field contacts involving actual or potential criminal conduct within video or audio range to include:

  • Encounters with vehicle operators to include, but not limited to, traffic violations, assisting motorists, and all criminal or potentially encounters. If the circumstances of the encounter indicate that the BWC equipment is no longer needed, then it is the officer's discretion to end the recording and document the reason why in their report.
  • In-progress Crimes Code violations and Code of Conduct and Equal Opportunity Policy related investigations.
  • Priority Responses, patrol vehicle travel and movements when emergency lights and/or siren are activated.
  • Suspicious person/vehicle contacts.
  • Physical or verbal confrontations or use of force.
  • Domestic Violence and Dating Violence calls for service.
  • Vehicle searches.
  • Field interviews, contested conversations made in a public setting. To include actions of individuals during interviews or when placed in custody.
  • When assigned to monitor or provide crowd control assistance at a protest or demonstration.
  • Serious accident or major crime scenes, as necessary, to document the scene.
  • Any self-initiated activity in which an Officer would normally notify the Campus Safety Dispatch Center and a BWC recording would be useful.
  • Any contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording.
  • Any other incident the Officer deems appropriate while acting in the performance of their official duty.

Note: Prior to recording an interview of a sexual assault or trauma victim, Officers must request and obtain consent before recording and document the consent on the recording. If the encounter begins when the BWC is not actively recording and consent is requested but not obtained, the Officer should, but is not required, to temporarily activate the BWC for the sole purpose of documenting that the victim declined consent to be recorded.

c. When Activation of BWC Equipment is Not Required
Activation of BWC equipment is not required during breaks, lunch periods, when not in service or when the Officer is otherwise involved in routine or administrative duties.

VI. Ending/Stopping of BWC Recording

BWC equipment should not be deactivated until the interaction or event is completed unless it is deemed appropriate by the Officer and documented accordingly. If there is a break in the recording during an incident, the Officer shall explain the reason for the stoppage of the recording in their report of the incident. Examples of such breaks include but are not limited to:

  • There is a malfunction to or accidental deactivation of the device.
  • There is personal information being shared that is not case sensitive, such as victim family information/discussion, protected personal information or personal medical information. In practice, BWC recording devices should not be used in a medical facility unless there is an obvious need to document evidence, actions or potential accountability issues.
  • The Officer is placed on a related assignment that has no investigative purpose such as scene security post, scene processing, traffic post, etc. Recording may cease if an Officer is simply waiting for the arrival of a tow truck, family member or other non-confrontational, non- evidentiary situation.
  • There is a long break in the incident/contact such as an interruption due to routine police action that is not evidentiary in nature or is unrelated to the initial incident.
  • There is activity such as transport or change of venue where there is no incident related police activity occurring. This does not include student transports.
  • The Officer reasonably determines that the contact no longer creates potential evidentiary or mutual accountability issues.
  • Once an event has been stabilized, if it is necessary to discuss issues involving the investigation in private with another Officer, the operator may turn off their BWC equipment. The Officer will reactivate their BWC equipment when re-contacting a member of the Campus community or the public if there is a likelihood that evidence or mutual accountability documentation still exists.
  • If a request is made for BWC equipment to be turned off by a party being contacted, the Officer shall consider the overall circumstances and what is most beneficial to all involved before deciding to honor the request. It is up to the Officer to determine as to what is best for the investigation/contact. For example, the Officer may choose to turn off the BWC equipment if its operation is inhibiting a victim or witness from giving a statement.

VII. Classification and Retention of BWC Recordings

When an Officer has stopped the BWC device, the Officer shall classify and categorize the recording. These classifications and categorizations will serve to assist in locating the recording and each classification will have an established retention time. Any BWC recording in any classification or category can be changed to another classification or category or have its retention status changed for the benefit of an investigation or organizational needs.

Officers shall not erase or alter BWC recordings. However, the Director of the Department may purge BWC recordings. Criminal offenses, Code of Conduct and Equal Opportunity Policy cases, recordings for civil lawsuits, recordings needed for traffic or court related purposes can be downloaded onto a thumb drive for Code of Conduct, Equal Opportunity Policy or legal proceedings. Otherwise all recordings will remain secured in the cloud storage.

Classifications, descriptions and retention are as follows: 

  1. NON-EVENTS – A miscellaneous activation of the BWC equipment which does not meet the requirements of any other classification. Retention period will be seven (7) days. Examples: Moving items from the roadway, traffic control, etc.
  2. INCIDENT ONLY (Non-Arrest) – Activation of the BWC equipment where there may be some liability or possibility of a complaint or future action. Incidents in which a written report is generated and there is no evidentiary value to the recording. Examples: general student contacts, motorist assists, contacts in which there was a violation of the law or College Policy but the Officer chose to issue a verbal warning and no report was written. These recordings should be available for a period of time to address any complaints or issues that could be resolved by reviewing the recording. Retention period will be ninety (90) days.
  3. TRAFFIC – Interactions involving campus community members, citizens, vehicles, bicycles, pedestrians, etc. where the Officer completes a report that is sent to the Dean of Students Office for conduct purposes. Retention period will be seven (7) years.
  4. CASE REPORT – Any time a BWC recording of evidentiary value has been made during an investigation and the Officer completes a report that is sent to the Dean of Students Office for conduct purposes, the recordings are subject to general policy and procedures regarding the retention of case-related evidence. Retention period will be seven (7) years.
  5. RESTRICTED – Any BWC recording that documents an incident which is deemed sensitive in nature, whether it be evidentiary or mutual accountability in nature. These recordings can have access restricted to selected individuals. This status would be deemed necessary by the Director of the Department. Access to a restricted BWC recordings must be approved by the Director of the Department. Examples could include cases involving use of force resulting in an investigation by the Department, Allentown Police Department or other local municipal police department, Pennsylvania State Police or other State or Federal law enforcement agency, officer involved shootings, allegations of criminal actions by an officer or by a member of the campus community or other individual where an Officer as a victim and investigations alleging misconduct by an officer. Retention period will be ten (10) years or as determined by the Director of the Department.

VIII. Review of BWC Recordings

  1. All recording media, recorded images and audio recordings are the property of the Department. Dissemination outside of the Department is strictly prohibited, except to the extent permitted or required by this Policy or applicable law.
  2. To prevent damage or alteration of the original recorded media it shall not be copied, viewed or otherwise inserted into any device not approved by the Department.
  3. Recordings may be reviewed by authorized Department personnel in any of the following situations:
    1. For use when preparing reports, statements or for court testimony.
    2. By the Director of the Department or the Director’s designee investigating a specific act of officer conduct.
    3. By the Director of the Department to assess Officer performance.
    4. To assess the proper functioning of the BWC equipment and system.
    5. By an investigator who is participating in an official investigation such as a personnel complaint, administrative inquiry or a Code of Conduct or Equal Opportunity Policy investigation.
    6. An Officer who is captured on or referenced in the video or audio data may review such data and use the data for any purpose relating to their employment unless restricted at the time of the request.
    7. By a law enforcement agency authorized by the Lehigh County District Attorney’s Office or court personnel through proper process or with permission of the Director of the Department.
    8. Public release of BWC video recordings will be in accordance with current Departmental evidence release policies and at the sole direction of the Director of the Department in consultation with College leadership.
    9. Officers with BWC equipment that are on the scene of a critical incident, but are not a subject or witness, will complete Campus Safety reports and notify the Department/Officer that they have video that may be pertinent to their investigation.
    10. Recordings may be shown for training purposes. If an involved Officer objects to showing a recording, their objection will be submitted to the Director of the Department to determine if the training value outweighs the Officer's objection.
    11. Officers are encouraged to inform their supervisor of any video data sequence that may be of value for training purpose.
    12. At least on a monthly basis, designated supervisors will randomly review BWC recordings to ensure that the equipment is operating properly and that all Officers are using the BWC equipment in accordance with this Policy. In no event shall any recording be used or shown for the purpose of ridicule or embarrassing any Muhlenberg College employee.

IX. Documentation

  1. Any BWC recording that has evidentiary value shall be saved in the software system with an incident number. Depending on the Code of Conduct or Equal Opportunity Policy violations, criminal offense or incident details, each BWC recording will be saved for the required period of time.
  2. In no way is a BWC recording meant to replace a written report if one is called for. Officers are still responsible for completing a thorough report in the same manner they would if they did not have an BWC recording.
  3. If an Officer is on a call where their role would not normally call for a report but the BWC was activated, the Officer will still author a supplemental report if a case number was pulled for evidentiary purposes. Otherwise, they will follow retention protocols previously outlined.
  4. Officers will note in their incident report any BWC recordings which were made and preserved during the incident being investigated.
  5. BWC recordings containing information that may be of value for case preparation or in any Code of Conduct, Equal Opportunity Policy, criminal or civil proceeding shall be safeguarded as other forms of evidence. As such, these recorded thumb drives will (i) be subject to the same security restrictions, documentation and chain of evidence safeguards as any other evidence following currently established procedures; and (ii) not be released to another criminal justice agency for trial or any other reason without
  6. having a duplicate copy made and the original copy returned to safe storage.

X. Policy Violations

Violations of this Policy are subject to corrective measures set forth in The Muhlenberg College Discipline Policy located in Section 1.8 of the Administrative Staff and Service Personnel Handbook.

XI. Digital Request Form

Digital Recording Request Forms shall be submitted when recordings need to be archived and copied. These forms can be obtained by emailing the Director of Campus Safety at [email protected]. Any outside request for a BWC recording must be reviewed and approved by the Director of the Department.

Last Revised: 08/21/2024