0640.36 Communication with Members of the d/Deaf and Hard of Hearing Communities
Refer:
• The Rehabilitation Act of 1973, as amended (Section 504)
• Title II of the Americans with Disabilities Act of 1990, as amended (ADA)
• Title VI of the Civil Rights Act of 1964
• 28 CFR Part 35, Non-Discrimination on the Basis of Disability in State and Local Government Services
• ORS 659A Unlawful Discrimination in Employment, Public Accommodations and Real Property Transactions; Administrative and Civil Enforcement
• ADM-18.21, City of Portland Americans with Disabilities Act, Title II Non-Discrimination Policy
• DIR 0330.00, Internal Affairs, Complaint Intake, and Processing
• DIR 0870.90, Waiver, Statements and Rights Notification Forms
Definitions:
• American Sign Language (ASL): A complete, complex language that employs signs made by moving the hands combined with facial expressions and postures of the body. Though ASL is the primary language of most members of the d/Deaf community in North America, it is one of several communication options used by persons who are, or identify as, d/Deaf or hard of hearing.
• Auxiliary Aids: Tools used to assist members in communicating with person who are, or identify as, deaf or hard of hearing. These may include qualified interpreter services, written communication, mobile phone apps, telecommunication devices for the deaf (TDDs), teletypewriter (TTY), videophones (VRS) and/or video remote interpreting services or devices.
• deaf: A person who has a range of hearing loss, generally very little or no functional hearing, and who may be unable to process linguistic information through hearing. Often, deaf persons use a signed language to communicate, but there may be other preferred communication tools or methods to communicate.
• Deaf: A person who identifies as a member of the Deaf community, which often shares a language and a culture.
• Hard of Hearing: A person who has a range of hearing loss, generally mild to moderate, and who may be unable to understand oral communication. A person who is hard of hearing may communicate through sign language, spoken language, or both.
• Language Justice: The recognition that a person’s ability to communicate in their primary or preferred language, without barriers or discrimination, is a fundamental right. The Bureau supports this right through the delivery of language assistance and communication tools, and the impartial and equitable treatment of persons who speak a language other than English or use a non-spoken language to communicate.
• Language Line: A telephonic language interpreter service that helps facilitate communication with persons whose primary language is not English and who have a limited ability to read, speak, write, or understand English. Language line also provides video remote interpreting services.
• Qualified Interpreter: An interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary. For the purposes of this directive, “qualified interpreter” shall indicate an “ASL qualified interpreter” or a Language Line interpreter.
• Signed English: A sign system which matches each spoken word of English and employs the signs of ASL but uses English grammar in place of ASL syntax.
Policy.
1. The purpose of this directive is to establish practices for Bureau member communication with members of the d/Deaf and hard of hearing communities and, when necessary, to develop protocols for accessing qualified interpreter services or other communication tools to ensure effective and accurate communication with persons who use a signed language or another non-verbal method of communication.
2. The Bureau recognizes that communication barriers can inhibit persons who are or identify as d/Deaf or hard of hearing from accessing City services, understanding their rights, and from communicating accurately and efficiently. Therefore, the Bureau is committed to continuing to develop a robust and inclusive language justice program and will make reasonable efforts to ensure its members are able to effectively communicate with persons who communicate by means other than verbal communication. The Bureau will take reasonable steps to provide members of the d/Deaf and hard of hearing communities with timely and comprehensive access to Bureau services and programs.
3. In accordance with federal laws and regulations and in ensuring that fair and accurate information is effectively conveyed, the Bureau shall provide access to qualified interpreters and communication services for d/Deaf and hard of hearing community members.
Procedure.
1. Reasonable and Lawful Accommodations for Members of the d/Deaf and Hard of Hearing Community.
1.1. When attempting to communicate with a person the member reasonably believes to be d/Deaf or hard of hearing, members shall, in the course of their official duties, take the following actions:
1.1.1. Determine, through written communication or another means (e.g., hand gestures) whether the person is d/Deaf or hard of hearing; and
1.1.2. Inform the person, through written communication or another means, that the Bureau will provide a qualified interpreter or other auxiliary aids free of charge. Members shall indicate what communication resources are available and ask the person if services or accommodations are needed or preferred. Members should note that a person may refuse additional services or accommodations.
1.1.3. If the person requests an auxiliary aid, members shall make the arrangements to provide qualified interpreter services, or make reasonable efforts to secure the requested device (e.g., TTY/TDDs, video devices, etc.) or an alternative if the preferred method of communication is not available.
1.1.3.1. When the person requests a qualified interpreter, it is the member’s responsibility to determine whether the person uses ASL, Signed English or another signed language to communicate.
1.2. Members should be aware that a person who is d/Deaf or hard of hearing may:
1.2.1. Be able to communicate verbally; however, they may not be able to understand verbal communication.
1.2.2. Need the Bureau member to be visible to them when attempting to communicate to allow the person to lip and/or speech read.
1.3. The Bureau shall provide interpreter services for community members who are d/Deaf or hard of hearing, and who have not refused such services, when:
1.3.1. Interviewing a community member who is d/Deaf or hard of hearing as a potential witness, victim, or suspect concerning a criminal investigation.
1.3.2. Conducting a criminal investigation involving a juvenile who is a potential witness, victim, or suspect when the parent(s), guardian, or custodian of the juvenile is d/Deaf or hard of hearing.
1.3.3. A community member who is d/Deaf or hard of hearing seeks police services and requests interpreter services.
1.3.4. In the course of performing their duties, a sworn member or associated bureau member determines qualified interpreter services are needed, as required by law, for effective communication.
1.4. Pursuant to the Americans with Disability Act (ADA), the Bureau shall ensure that it is equipped with the appropriate resources (e.g., video or telecommunications relay services) to facilitate communication with members of the d/Deaf and hard of hearing communities who place calls to the Bureau.
1.5. The Bureau is solely responsible for the cost associated with securing interpreter services and/or providing auxiliary aids.
1.6. Members shall refer to Directive 0870.90, Waiver, Statements and Rights of Notification Forms, for additional guidance regarding the communication of Miranda rights to persons who are d/Deaf or hard of hearing.
2. Requesting a Qualified Interpreter.
2.1. When responding to a call or incident involving a person who is d/Deaf or hard of hearing, members shall:
2.1.1. Assess the need for an interpreter, based on information known to the member at the time (e.g., member observation of the person using non-verbal expression, the person’s lack of a response or compliance, etc.); and
2.1.2. Secure an interpreter or another auxiliary aid when the member deems it necessary or upon request by the person.
2.2. Bureau of Emergency Communications (BOEC).
2.2.1. All Bureau members in the field who are in need of immediate qualified interpreter services for any communication needs can make the request directly to BOEC via radio.
2.3. Language Line.
2.3.1. Members may request a video remote interpreter (subject to availability) by using the Language Line app on their Bureau-issued cell phone or a Bureau iPad located at each precinct.
2.3.2. When prompted to enter the personal code, members should enter their Department of Public Safety Standards and Training (DPSST) number.
2.3.3. When using a video interpreter, members shall position the screen so the interpreter and person for whom they are interpreting can see each other.
2.4. Qualified Interpreter.
2.4.1. Bureau members who do not have an immediate need for an interpreter (e.g., for investigative purposes or otherwise) should make appointments for qualified interpreter services by referring to the list of contracted interpreters on the intranet or contacting the Bureau’s language access coordinator.
3. Member Reporting.
3.1. When responding to a call involving a person who is d/Deaf or hard of hearing, members shall complete an appropriate police report, documenting the following:
3.1.1. Type of communication assistance provided (e.g., the auxiliary aid used); and
3.1.2. Nature of the call.
4. Complaint and Intake Processing.
4.1. A community member may file a complaint regarding requests for an accommodation with the Bureau of Human Resources, Independent Police Review (IPR), Internal Affairs (IA), a Police Bureau precinct, the Police Commissioner or any Bureau member.
4.1.1. The Bureau shall ensure that complaint forms are available at each precinct.
4.1.1.1. The Bureau shall provide translated complaint forms, upon request.
4.2. IA and IPR shall accept and process all complaints in accordance with Directive 0330.00, Internal Affairs, Complaint Intake, and Processing.
4.2.1. Members shall use a Qualified Interpreter when interviewing a person who is d/Deaf or hard of hearing as part of the investigation of a complaint.
• Effective Date: 2/12/2025
• Next Review: 2/12/2027