Faculty Notesmyresource.phoenix.edu/secure/resource/SEC351r1/sec3… · Web viewCollege of Criminal Justice and Security. Faculty Notes. SEC/351 Version 1. Legal and Regulatory

College of Criminal Justice and Security

Faculty NotesSEC/351 Version 1Legal and Regulatory Issues in Security Management

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Faculty NotesSEC/351 Version 1

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Course Revision History

Revision Date Revision Details

4/1/2015 Major revision, updated objectives, assignments, texts, readings, MM, added WMF’s.


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Week One

Authority for Public and Private Police Personnel

Identify the laws related to temporary detention and custodial arrest. Discuss the laws that govern search and seizure. Describe the use of force continuum and the authority to use force. Contrast the different limitations of the authority imposed on public officers and private security personnel. Evaluate the impact of the USA PATRIOT Act on security operations.

Administrative Notes

Adapt the grading guide templates, located on the faculty website, as needed. Distribute the course syllabus. Discuss policies, procedures, expectations, and assignments. Provide directions for locating the program handbook on the student website. Preview the learning objectives and content for this week. Preview the major assignments for the course, week by week. Include suggested times to start preparation for these assignments. Discuss the role of Learning Teams in the course, highlighting the specific demands for each modality. Facilitate the formation of Learning Teams. Ensure that you have received all assignments that are due.

Content Outline

1. Authority for Public and Private Police Personnela. Identify the laws related to temporary detention and custodial arrest

1) Public personnel—Fourth Amendment

2) Private personnel—The law of citizen’s arrest (The private security standard)

b. Discuss the laws that govern search and seizure1) Public personnel

a) Fourth Amendment warrant requirement

b) Exclusionary rule

c) Exceptions to the warrant requirement

2) Private personnel

a) Safe harbor

b) Challenges to the safe harbor of private security

c) Constitutional prognosis for private security

c. Describe the use of force continuum and the authority to use force1) Reasonableness

2) Defense of self

3) Defense of others

4) Defense of property

5) Arrest or detention


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6) Prevention of crimes

7) Examples of control tactics: officer presence, verbal direction, control holds and restraints,

chemical agents, temporary incapacitation, deadly force

d. Evaluate the impact of the USA PATRIOT Act on security operations1) Amendments in question: first and fourth

2) Changes in laws

3) Overview of sectional details

4) Checks and balances

5) Constitutionality of the USA PATRIOT ACT

Assignment Overview

Remind students to write a 700- to 1,400-word paper, describing the laws governing legal authority and licensing requirements for private security companies and officers in your state. If you determine your state has no such statutes, select a neighboring state. Additionally, be sure to compare the differences regarding limitations of authority associated with private security personnel and public officers. Remind students to format the paper consistent with APA guidelines.

Alternative Learning Activities

ACTIVITY ONE

Objective of Activity

Discuss the criminal procedure laws that govern search and seizure and the different limitations imposed on the authority of public officers versus private security personnel.

Description of Activity

Lead a discussion about how the criminal procedure system works and about the limitations imposed on the authority of private security officers. Focus on the importance of legal issues and threat identification and how the USA PATRIOT Act affects private industry.

Resources Required

Copy of the USA PATRIOT Act

Approximate Time

45 minutes

Online Adaptation?

Yes.

ACTIVITY TWO


To analyze assigned case studies.


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Form three teams of students and assign each team one of the case studies from the reading assignments. Have each team report to the class. The report must:

Identify the issue. Describe the outcome. Assess the impact on private security.

Resources Required

Private Security and the Law

Approximate Time

45 minutes

Online Adaptation?

Yes.


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Week Two

Civil Law and Liability

Discuss the difference between civil and criminal law. Identify the fundamentals of tort law. Evaluate the potential for civil liability associated with security operations. Discuss the impact of security operations on an individual's right to privacy. Examine how regulatory compliance, training, crime prevention and safety programs mitigate institutional liability and recognize the importance of meaningful documentation.


Answer any content or logistical questions resulting from the previous week. Discuss and approve the Learning Team Charter. Check on the progress of Learning Team projects. Preview the learning objectives and content for this week. At the end of the week, review key content points and preview the content of the next week. Ensure that you have received all assignments that are due.

Content Outline

1. Civil Law and Liabilitya. Discuss the difference between civil and criminal law

1) Harm

2) State of mind

3) Standard of proof

4) Remedies

b. Identify the fundamentals of tort law

1) Intentional torts

a) Assault

b) Battery

c) False imprisonment

d) Intentional infliction of emotional or mental distress

2) The tort of negligence (the reasonable person standard)

a) Elements

(1) Duty

(2) Breach of duty

(3) Proximate causation (foreseeability)

b) Negligence and security management

(1) Personnel practices

(2) Retention

(3) Assignment/entrustment


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(4) Training

3) Strict liability torts

a) Vicarious liability

b) The doctrine of respondeat superior

c) Independent contractor status

d) Non-delegable duties

e) Punitive damages

c. Evaluate the potential for civil liability associated with security operations1) Civil Rights Act: 42 U.S.C. § 1983

a) Private applications

b) Public function theory

c) Nexus theory

d) Criminal liability under the Civil Rights Act

d. Discuss the impact of security operations on an individual's right to privacy1) Defamation

2) Actions for invasion of privacy

a) Intrusion

b) Appropriation

c) Public disclosure of private facts

d) False light

3) Miranda and its application to private security personnel

Assignment Overview

Remind students to read "The Public Accountability of Private Police: Lessons from New York, Johannesburg, and Mexico City" in this week's Electronic Reserve Readings. Then, to write a 1,400- to 1,750-word paper in which you evaluate civil liability and private police. What is the potential for civil liability? What measures are in place to mitigate organizational and institutional liability? Also to format their papers consistent with APA guidelines.


ACTIVITY ONE


Explore the impact of security operations on the individual’s right to privacy.


Form teams of three to five students to discuss how security operations impact individual privacy rights and how individual privacy rights apply to the private security industry. Ask teams to show how these


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issues relate to the protection of government and business. Have the each team present major discussion points to the class. After all teams have reported lead a discussion on the ideas produced and add any elements not mentioned by students.

Resources Required

None

Approximate Time

45 minutes

Online Adaptation?

Yes.

ACTIVITY TWO


Facilitate a discussion on the fundamentals of tort liability and the elements of contract law.


Facilitate a discussion on tort liability as applied to private security. Emphasize intentional torts, torts of negligence, strict liability, and contract law.

Approximate Time

45 minutes

Online Adaptation?

Yes.


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Week Three

Regulatory Compliance

Discuss the origin and authority of bureaucratic rules and regulations. Identify government agencies that may regulate various aspects of security operations. Describe the investigative process and sanctions associated with regulatory compliance. Examine OSHA and worker's compensation regulations. Examine environmental regulations that impact security operations. Assess the value of developing internal investigation and compliance motivation capabilities. Identify basic provisions of the Federal Fair Labor Standards Act. Analyze the significance of the Americans with Disabilities Act. Describe the laws related to sexual harassment in the workplace.


Answer any content or logistical questions resulting from the previous week. Check on the progress of Learning Team projects. Preview the learning objectives and content for this week. At the end of the week, review key content points and preview the content of the next week. Ensure that you have received all assignments that are due.

Content Outline

1. Discuss the origin and authority of bureaucratic rules and regulationsa. Regulatory Compliance

1) Self-help and self-protection

2) England and Europe: The Middle Ages

a) Vassal–lord relationship

b) Shire reeve

c) Watch and ward

d) Private guards

3) Colonial America

a) Similarities to English culture

b) Differences from English culture

4) The Industrial Revolution

a) England

(1) Bow Street Runners

(2) Sir Robert Peele and The Metropolitan Police Act

b) America

5) Coming of age: private security

a) Growth of commercial sector

b) Transportation industry

c) The Pinkerton factor


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d) Western United States expansion

6) Contemporary private security

a) Wartime demands and the Cold War

b) Technological advances

b. Identify government agencies that may regulate various aspects of security operations1) The impetus for increased regulation

2) Federal regulation

3) State regulation

a) Age

b) Experience

c) License

d) Certification

e) Personal Character

f) Education/Training

4) Local regulation Additional pointc. Describe the investigative process and sanctions associated with regulatory compliance

1) Violations2) Disciplinary Sanctions

a) False statements(1) Fraud

(a) Impersonationsd. Examine OSHA and worker's compensation regulations

1) OSHA

a) General duty clause

b) Procedures

c) Standards of safety

d) Applicability to private security

2) Worker’s compensation

a) General background and development

b) Insurance coverage for employees

c) No fault

d) Medical treatment and disability

e) Applicability to private security

e. Examine environmental regulations that impact security operations1) Planning for security and maintaining the environment

2) Environmental security

3) Overview of select environmental regulations

a) Clean Air Act


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b) Clean Water Act

c) Resource Conservation and Recovery Act (RCRA)

d) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

4) Applicability to private security

f. Identify fundamental fire code and life safety regulations1) OSHA revisited

2) National Fire Protection Association

a) Fire prevention

b) Fire protection

3) Life Safety Codes

g. Assess the value of developing internal investigation and compliance motivation capabilities1) Disciplinary actions2) Violations

a) Enforcementh. Identify basic provisions of the Federal Fair Labor Standards Act

1) Minimum standards for wages, overtime, equal pay


i. Analyze the significance of the Americans with Disabilities Act1) Titles I–V

2) Select definitions

a) Qualified individual

b) Essential job functions

c) Reasonable accommodation

d) Undue hardship


j. Describe the laws related to sexual harassment in the workplace1) Title VII

2) Types of harassment

a) Quid pro quo

b) Hostile work environment

3) Guidelines for a sexual harassment policy


Assignment Overview


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Remind the class about the team assignment presentation instructions to individually prepare a 1,400- to 1,750-word paper on the effect of employee hiring policies on private security. Also, that they need to format their papers consistent with APA guidelines.


ACTIVITY ONE


Compare and contrast state laws governing private security.


Form teams of three to five students and have team members describe the findings of their research on state laws and discuss the similarities and differences. Have teams report major points to the class.

Resources Required

None

Approximate Time

30 minutes

Online Adaptation?

Yes.

ACTIVITY TWO


Debate about who should regulate private security.


Form two teams of students. One team will take the position that the government should regulate private security. The other will identify another body—or bodies—that should regulate private security.

After the debate is completed, students are free to express their personal opinion, independent of which side they were on for the debate.

Resources Required

None

Approximate Time

30 minutes

Online Adaptation?

No.


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Week Four

Ethical Concepts and Applications

Explain traditional theories of ethics. Apply traditional ethical concepts to modern business and security operations. Explore perceptual differences and the application ethical concepts. Compare corporate social responsibility and ethics.



Content Outline

1. Ethical Concepts and Applicationsa. Explain traditional theories of ethics

1) Virtue ethics

a) Good

b) Golden mean

2) Formalism

a) Means

b) Categorical imperative (duty)

3) Utilitarianism

a) Consequences

b) Greatest good for the greatest number

4) Alternate ethical systems

a) Ethics of care

b) Relativism

b. Apply traditional ethical concepts to modern business and security operations1) Discretion

2) Use of force

3) Use of deadly force

4) Misconduct

5) Authority and responsibility

6) Racial profiling

7) Privacy

8) Additional point


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c. Explore perceptual differences and the application ethical concepts1) Discretion

2) Use of force

3) Use of deadly force

4) Misconduct

5) Authority and responsibility

6) Racial profiling

7) Privacy

d. Compare corporate social responsibility and ethics1) Obligations to a community

2) Obligations to shareholders

3) Obligations to the environment Additional point

Assignment Overview

Remind students to write a 1,400- to 2,100-word paper in which you examine the importance of ethics in security. What are the traditional theories? What are the key areas for major concern? Additionally, compare corporate social responsibility and ethics. Also to format your paper consistent with APA guidelines.


ACTIVITY ONE


Promote familiarity with the contents of security-related codes of ethics.


Form teams of three to five students and have them discuss the Codes of Ethics they found in preparation for this class. Instruct students to report major similarities and differences to the class.

Resources Required

None

Approximate Time

45 minutes

Online Adaptation?

Yes.

ACTIVITY TWO


Analyze weekly assigned case studies.


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Form three teams of students and assign each team one of the case studies from the reading assignments. Have each team report to the class, to include identifying the issue, describing the outcome, assessing the impact on private security.

Resources Required

Private Security and the Law

Approximate Time

45 minutes

Online Adaptation?

Yes.

This activity may be adapted to online classes by eliminating the time limits on each phase of the activity and having students respond in a written format.


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Week Five

Policies and Procedures

Examine the reasons for regulating the behaviors of employees and customers in various business environments. Describe the authority of an organization to develop regulatory policies and procedures. Explore the appropriate procedures for enforcing institutional policies. Determine the nature and types of sanctions that can be employed by private organizations.



Content Outline

1. Policies and Proceduresa. Examine the reasons for regulating the behaviors of employees and customers in various

business environments1) Nature of security industry

2) Path to professionalism

3) For-profit concerns

4) In-house (proprietary) versus contractual employees

a) Public–private cooperation

b) Public interests versus private concerns

c) Perceptions and critiques of one sector against the other

d) Positive programs on cooperation

b. Describe the authority of an organization to develop regulatory policies and procedures1) Subject to federal/state/local regulations

2) Other examples

a) Criminal record

b) Drug testing

c) Employee benefits

d) Competency

e) Hiring

f) Health and safety

g) Termination

h) Unions


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i) Wages

j) Vacation

k) Workplace privacy

l) Morale

3) Employment at will doctrine

a) Definition

b) Exceptions

(1) Nondiscrimination

(2) Contractual

(3) Policy based and statutory

c. Explore the appropriate procedures for enforcing institutional policies1) Double standards2) Burden of proof

a) Civil liabilitiesd. Determine the nature and types of sanctions that can be employed by private organizations

1) Theory of progressive discipline

2) Documentation

3) Examples

a) Counseling

b) Reprimand

c) Fines

d) Leave

e) Termination

Assignment Overview

Remind students of the team assignment and to prepare an individual 1,400 to 2,250 words paper in which they define the color of law and describe its applicability to private security. They also have to prepare a 10 to 15 slide Power Point® presentation that outlines your Color of Law Paper and to format all their work consistent with APA guidelines.


ACTIVITY ONE


To consider hiring criteria for private security employees


Form teams of three to five students and assign one of the following questions to each:

What role do you think criminal records should play in employment decisions in private security?


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What role do you think credit reports should play in employment decisions in private security? What role do you think motor vehicle records should play in employment decisions in private security?

Have teams report major discussion points to the class and encourage discussion.

Resources Required

None

Approximate Time

45 minutes

Online Adaptation?

Yes.

This activity may be adapted to online classes by eliminating the time limits on each phase of the activity and having students respond in a written format.

ACTIVITY TWO


Facilitate discussion of the reasons for regulating the behavior of employees and the authority of the organization.


Facilitate a discussion on why organizations regulate employee behavior and their authority to do so. Emphasize at-will employment and explore the development of policies and procedures.

Resources Required

None

Approximate Time

45 minutes

Online Adaptation?

Yes.

Documents

Faculty Notesmyresource.phoenix.edu/secure/resource/SEC351r1/sec3… · Web viewCollege of Criminal Justice and Security. Faculty Notes. SEC/351 Version 1. Legal and Regulatory