National Academies Press: OpenBook

Transit Passengers and Civil Rights (2005)

Chapter: Attachment No. 4

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Page 49
Suggested Citation:"Attachment No. 4." National Academies of Sciences, Engineering, and Medicine. 2005. Transit Passengers and Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/23306.
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Page 49
Page 50
Suggested Citation:"Attachment No. 4." National Academies of Sciences, Engineering, and Medicine. 2005. Transit Passengers and Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/23306.
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Page 50
Page 51
Suggested Citation:"Attachment No. 4." National Academies of Sciences, Engineering, and Medicine. 2005. Transit Passengers and Civil Rights. Washington, DC: The National Academies Press. doi: 10.17226/23306.
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Page 51

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50 Attachment No. 4 (One Agency’s Refusal of Service and Tracking Policy) REFUSAL OF SERVICE, EJECTION A. GENERAL: Our first two lines of defense against prohibited conducted are: 1. Good customer relations skills and; 2. "Strategies" Training A supervisor may authorize an operator to refuse transportation or eject a passenger without the presence of a supervisor, [AGENCY] officer, or other law enforcement officer. The operator should attempt to get the name of the offender for future reference and documentation. If unable to obtain a name, a detailed description of the individual must be put on the Incident Report. Any time an operator refuses transportation or ejects a passenger, an Incident Report must be completed and turned in at the end of that shift. The report must specify the Rule of Conduct that was violated, date/time of occurrence(s), and the name of the supervisor authorizing the action. Anyone who is refused service or ejected from the bus will be denied transportation for the remainder of the day, unless otherwise stated. B. FAILURE TO COMPLY: Passengers who repeatedly test the system or habitually violate the Rules will not be tolerated. The following procedures will be used in refusing transportation or ejecting: 1. Three Strikes Policy. A passenger will be warned twice before [he/she is] ejected from the bus on the third violation, normally on the same trip. That same passenger will not be continually allowed Three Strikes for each one way trip. 2. If this passenger is warned twice of a violation on an outbound trip and then boards the bus two hours later on the inbound trip; the first time that passenger violates a Rule of Conduct, [he/she] will be ejected. The operator will write one incident report documenting all three violations. 3. This holds true for passengers whose violations are committed three or more times over a period of one day, one week, or several months.

51 4. Under these circumstances, passengers who have three documented incidents of refusal of service and/or ejection for failure to comply will be formally issued a letter of exclusion of service. FORMS AND TRACKING SYSTEM A. INCIDENT REPORTS: Two copies of all incident reports will be made. The original will be maintained by Human Resources. One copy will be maintained in an Incident Book in Dispatch. The second copy will be sent FYI to the operator's supervisor then to the Operations Administrative Assistant to be placed in the Operator's file. B. PROBLEM PASSENGER PROFILE: The Operations Administrative Assistant will track all individuals who violate the Rules of Conduct and are written up on an Incident Report on a Problem Passenger Profile form. Individuals will be tracked by either name, [or] nickname or physical description. The Problem Passenger Profile form will be used to identify multiple violations, patterns and habitual offenders. C. PROBLEM PASSENGER FILE: A Problem Passenger file will be started on passengers for which [AGENCY] has three or more documented cases of misconduct, passenger-passenger altercations, or violations of the Rules of Conduct. Problem Passenger Files will contain: 1. Copies of all incident reports, 2. Customer Comment Forms, 3. Supervisor notes from any contact with the passenger, 4. Any written correspondence between and the passenger, 5. Copies of active letters of exclusion; and 6. Original inactive letters of exclusion. Files are to be maintained confidential and will be classified as Current, No Action 1-2 Years, and No Action 2 (+) Years. D. SECURITY ALERT FOLDER: Passengers who are currently excluded from service will have a Security Alert Form filled out, with picture attached, and placed in the Security Alert Folder. The purpose of

52 this folder is for operator information only. Files and photographs will not be posted on any bulletin board. This information is provided on a "need to know basis". Folders will be maintained in the file cabinet in the main driver’s room....

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TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 20: Transit Passengers and Civil Rights examines how measures used by transit agencies to protect transit passengers intersect with constitutionally protected rights.

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