UPD Police Officer Arrested

On Thursday, March 13, Homeland Security Investigations (HSI) Cyber Crimes Investigators unit contacted the San Diego State University Police Department (UPD). UPD learned on that day that a police officer was arrested away from campus on allegations of downloading child pornography to his personal computer. The following day, on March 14, the police officer was charged with the possession of child pornography.

Below is a set of frequently asked questions related to the arrest, and university support resources. Information is also in the campus community message also shared with students, faculty and staff on March 18.

Q: How is the police department responding to the recent arrest of an officer?
A:  Homeland Security Investigations (HSI) is leading a criminal investigation. The police officer has already been arrested and charged, and is in custody. The San Diego State University Police Department (UPD) is also launching its own independent administrative investigation, in accordance with state law and California State University policy. Further, UPD immediately removed the officer from duty and initiated the termination process.

Q: What is the university doing to prevent sexual violence in our community?
A: Safety of the campus community is paramount, and SDSU maintains a survivor-centered approach, meaning we focus on the specific needs and concerns of the individual victim reporting the sexual assault. There are a variety of different avenues of university support for survivors. When the university learns of an incident of sexual misconduct, the safety needs of the survivor and campus community will be assessed, including whether immediate safety measures are warranted. Some but not all of the available safety measures include the issuance of an interim suspension, no contact order, security escorts, and changes to class assignments and residence halls. We explore all of these options with the reporting victim, and let them guide the supportive measures they wish to receive.  

Also, when assaults are reported, SDSU designates Title IX administrators to provide students with full assistance and support, and to monitor and oversee overall compliance with laws and policies related to sexual violence. Once a complaint is filed, a Title IX investigator is assigned to the case and immediately connected with the student who filed the complaint.

The university will also support individuals who report sexual assaults in understanding individual rights in filing complaints and moving through the investigative process. SDSU will also: help connect individuals with counseling services; assist in adjusting class schedules; assist in pursuing protective measures, including no contact orders; and also assistance in connecting with medical and legal resources, among other forms of support and assistance. 

In addition to working with the university’s Title IX coordinator, individuals reporting about sexual assault or sexual misconduct can choose to speak with the university’s Sexual Assault Victim Advocate, who is a confidential resource on campus. Any details relating to an individuals’ report of sexual violence to the Sexual Assault Victim Advocate will not be reported to the university without their consent, as the advocate is a confidential resource. Title IX coordinators also work with each individual on their specific needs during the process, which include academic accommodations, accommodations to move one’s residential location, or safety and security accommodations, such as no contact orders.

Counseling & Psychological Services (C&PS) offers confidential support for students impacted by sexual assault, relationship violence, stalking, sexual harassment and other sexual violence-related experiences. Therapists are available to talk on the phone or to meet in person with survivors to help them understand their options for support. 

Also, all students, faculty, and staff are required to participate in training related to the prevention, response, and reporting of matters related to sexual misconduct. In addition, SDSU requires student organizations to complete training related to sexual misconduct.

UPD also plays an important role in responding to reports of sexual violence, and works closely with campus partners and other local law enforcement agencies to address safety issues that are affecting the campus.  Additionally, UPD provides all survivors with a Sexual Assault Resource Guide, and has specially trained officers assigned to handle reports of sexual violence. From June 2023 to present, UPD has expanded resources to a broad range of safety initiatives, to include several additional police officers, an additional police dispatcher and three Community Safety Specialists (CSS) to provide extra safety support on campus; adopted and revised the SDSU Safe Ride Program, providing safe, on-campus transportation during evenings and late nights for students, faculty, and staff; and increased educational campaigns and community engagement related to campus and community safety.

Q: What is being done to ensure police officers follow ethical standards? 
A: We have strict hiring, training, and accountability measures, including extensive background checks and psychological exams and screening for all new recruits; mandatory anti-misconduct training; and a zero-tolerance policy for abuse of power. More information about the standards to which officers must uphold are online: https://post.ca.gov/

Q: Did the Officer engage in these downloads while on duty or on campus? 
A: No, there is no allegation that this occurred within our campus community or in relation to any university equipment or network. 

Q: Is the Officer already terminated?
A: Upon learning of the allegations, UPD immediately initiated actions to terminate the officer. It is important to note that per state law, all state employees are afforded due process on any disciplinary action, including termination. We are required to complete an administrative investigation and find a preponderance of evidence to support the recommended discipline, which is actively in process as part of the steps to termination.

Q: Why is the Officer not on unpaid leave?
A:
The officer is in custody, not on leave. In California, a university police officer (or any peace officer) cannot be placed on unpaid administrative leave primarily due to legal protections under the Peace Officers’ Bill of Rights (POBAR) and employment agreements, including union contracts: 

1. Peace Officers’ Bill of Rights (POBAR) – This California law (Government Code § 3300-3313) provides due process protections for police officers, ensuring they cannot face punitive actions (including unpaid leave) without proper investigation and a chance to respond.

2. Due Process Protections – Officers have property rights to their job and salary, meaning they cannot be deprived of pay without just cause and a formal disciplinary process, including a hearing.

3. Union & Labor Contracts – Many university police officers are part of collective bargaining units (e.g., California State University Police Association or Teamsters Local 2010), which negotiate agreements protecting their rights, including maintaining pay during investigations.

Q: How can survivors of sexual violence report crimes safely and confidentially?
A: There are a variety of options for members of our campus community to report sexual violence. Survivors can contact the university’s Title IX coordinator who can discuss the different rights and options which include filing an administrative complaint under the university’s nondiscrimination policy, filing a police report with UPD,  seeking confidential support through the university’s victim advocate, as well as Counseling & Psychological Services.