OAR 265-010-0015: Unjustified or Excessive Use of Physical or Deadly Force

(1) A disciplining body shall impose upon a law enforcement officer disciplinary action of termination upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of deadly physical force by the officer. For the purposes of this rule, the use of "deadly physical force" must be both readily capable of causing death or serious physical injury and intentional, knowing, reckless or criminally negligent. (2) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of physical force by the officer that results in death or serious physical injury: (a) The presumptive sanction shall be termination. (b) The mitigated sanction shall be suspension without pay, salary reduction, or demotion. (3) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of physical force by the officer that results in physical injury: (a) The presumptive sanction shall be suspension without pay, salary reduction, or demotion. (b) The mitigated sanction shall be written reprimand. (c) The aggravated sanction shall be termination. (4) A disciplining body shall impose upon a law enforcement officer disciplinary action within the following disciplinary range upon a finding that the officer engaged in misconduct constituting unjustified or excessive use of physical force by the officer that results in no injury: (a) The presumptive sanction shall be suspension without pay or salary reduction. (b) The mitigated sanction shall be written reprimand or non-disciplinary corrective action. (c) The aggravated sanction shall be demotion or termination.