1 Del. Admin. Code § 801-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 801-3.0 - Minimum Standards for Initial Certification

3.1 The applicant shall complete an application, the format of which has been approved by the Council.

3.2 The applicant shall be a citizen of the United States.

3.3 The applicant shall have reached his/her 18th birthday as a seasonal officer and his/her 21st birthday as a full time officer.

3.4 A licensed physician shall examine the applicant, at the expense of the employing agency, to determine that he/she is physically fit for normal police duties. The following shall be met:

3.4.1 The applicant shall be free from any major impediment of the senses.

3.4.2 The applicant shall be examined by a licensed ophthalmologist or optometrist and shall possess acuity of vision independently in each eye of not more than 20/200 corrected to 20/20. The applicant shall have the ability to distinguish between the colors of red, green, and amber; and shall have no pathology of the eyes. The applicant shall also possess acceptable depth perception.

3.4.3 The applicant shall possess hearing in both ears, individually, that is classified within normal limits/range.

3.4.4 The applicant shall have no communicable diseases.

3.4.5 The applicant shall have no physical deformities, which would be detrimental to proper performance of police duties.

3.4.6 The applicant must pass a drug-screening test prior to appointment or attendance at an approved police basic training Academy. The cost of the drug screening test will be absorbed by the employing agency. Urine tests will be conducted for the following drugs:

3.4.6.1 Amphetamines (speed, uppers, meth);

3.4.6.2 Barbiturate (barbs, downers);

3.4.6.3 Benzodiazepines (tranquilizers, Valium);

3.4.6.4 Cannabidiol (THC, pot marijuana);

3.4.6.5 Cocaine (crack, snow);

3.4.6.6 Methaqualone (quaaludes, ludes);

3.4.6.7 Opiates (heroin, smack, morphine);

3.4.6.8 Phencyclidine (PCP); and

3.4.6.9 Designer Drugs (ecstacy).

3.5 The applicant shall take and successfully complete a validated psychiatric / psychological test to show his/her competency to perform law enforcement duties. The applicant shall also be required to be examined in person and receive endorsement by a licensed psychologist / psychiatrist to determine that his mental and emotional stability is suitable to perform law enforcement duties (i.e. race relations, use of force and authority, flexibility and maturity). The following circumstances will result in a mental exam rejection: psychoneurotic reaction resulting in hospitalization, prolonged care by physician or loss of time for repeated periods.

3.6 The applicant shall be a high school graduate as evidenced by a diploma issued by a state accredited high school. An equivalency diploma issued by an accredited high school is acceptable.

3.7 The applicant shall possess a valid driver's license.

3.8 The applicant shall be of good reputation and character. The employing department shall conduct a character and background investigation on each applicant in the form and manner as prescribed by the Council (see form IV-14). The chief, or his designee, of the hiring department, shall interview the applicant in person and all background investigation records shall be kept on file for a period of two years for those applicants not hired and permanently for those applicants hired for inspection by the Council on Police Training or its authorized representative.

3.9 The applicant shall not have been convicted of a felony or misdemeanor, which precludes the individual from possessing a weapon. The applicant shall be fingerprinted and a search made of local, state and national fingerprint files to disclose any criminal record; and the fingerprint cards and any identification records shall be made available for inspection to the Council on Police Training or its authorized representative. A search should also be made of the National Decertification Index maintained by the International Association of Directors of Law Enforcement Standardized Training (IADLEST) to determine if the applicant has ever been decertified in another jurisdiction. A conviction of any state or federal crime, as well as prior decertification, may be grounds for rejection of the applicant by the Administrator.

3.10 The applicant shall successfully complete a written job-related examination, in the form and manner as prescribed by the Council on Police Training, and the results shall be retained for a period of two years for inspection by the Council or its authorized representative. Form and manner being a validated test related to specific requirements needed to perform the duties of a police officer.

3.11 A bad conduct or dishonorable discharge from military service shall disqualify the applicant. Any discharge, other than above, which is not honorable, may be grounds for rejection, determination to be made by the hiring agency in conjunction with the Administrator.

3.12 The weight of the applicant shall be in proportion to his/her height and build or body fat percentage as established by the Cooper Institute. www.healthchecksystems.com/heightweightchart.htm

3.13 Physical Ability Testing: Each department sending recruits to a COPT approved academy within this state will be responsible to see that the applicant meets the minimum physical ability standards as set by the respective academy. Recruits found not to meet the minimum standard or standards are subject to dismissal from the respective training academy.

3.13.1 The COPT recommends a test battery for applicants as suggested by the Cooper Institute ¹. The Battery is as follows:

3.13.1.1 Vertical Jump;

3.13.1.2 One Minute Sit Up;

3.13.1.3 300 Meter Run Run;

3.13.1.4 Maximum Push-Up or Bench Press; and

3.13.1.5 1.5 Mile Run.

3.13.2 The procedure and order for testing is recommended as follows:

3.13.2.1 Warm up for 3 minutes, perform vertical jump test and rest for 2 minutes;

3.13.2.2 Perform one-minute sit-up test and rest for 5-10 minutes;

3.13.2.3 Perform 300 Meter run and rest for 5-10 minutes;

3.13.2.4 Perform Maximum Push-up test and rest for 5 to 15 minutes; and

3.13.2.5 Perform Cardio-warm up for 2-3 minutes and then perform 1.5-mile run followed by cardio-cool down for 5 minutes.

3.13.3 As a minimum, applicants should be capable of satisfactorily completing 3 of the recommended tests. Satisfactorily is held to mean the achievement in the 20th percentile as cited in the Cooper Fitness Norms, Single Norms ². The inability of a recruit to perform physical ability tests to the 20th percentile shall be reported to the Director of Training of the academy to which the recruit is enrolled. The Director of Training may require additional testing, specialized training, or may at his/her discretion, deny enrollment of said recruit in the respective training academy.

3.13.4 Physical Fitness/Wellness testing and training is to encourage and teach law enforcement officers to maintain a healthy fitness level throughout their career. Law enforcement officers who remain physically fit prove more readily able to cope with the day-to-day stress of job demands, and are better prepared to handle critical incidents. For this purpose, the COPT has established a minimum Physical Ability level for law enforcement recruit applicants, and officers currently employed in law enforcement out of state, and seeking law enforcement employment in Delaware. It will be the responsibility of each agency to test and determine fitness for duty levels of their respective recruit candidates.

3.13.5 While the COPT has established minimum standards, each department may establish higher standards based on the physical demands placed on officers within their respective jurisdiction. Agency heads, when establishing physical fitness standards for their agency are encouraged to familiarize themselves with Federal Legislation contained in Title VII of the Civil Rights act of 1964, and by the Civil Rights Act of 1991. This legislation requires that all employers of more than 15 employees must refrain from policies and procedures, which either expressly or effectively discriminates against specified categories of individuals except under limited circumstances.

3.14 No requirement of this section is to be interpreted as precluding any agency from establishing higher standards. In no case, however, may the department head or agency employ persons with qualifications below the minimums set forth in these regulations for the position of police officer. Higher standards are recommended whenever the availability of qualified applicants is available.

3.15 During declared states of emergency, the Administrator may, but is not required to, "waive" or "modify" certain minimum standards for initial certification as reasonably necessary to provide accommodations necessitated by the circumstance that caused the state of emergency to be declared. Any such waiver or modification shall be reported to the Council at the next regularly scheduled meeting. All candidates are required to fully comply with the minimum standards, if practicable, when the state of emergency is lifted.

¹ Procedure and Sequencing of Physical Fitness Tests in Law Enforcement; 2002 The Cooper Institute

² Physical Fitness Specialist Course and Certification; 2002, The Cooper Institute

1 Del. Admin. Code § 801-3.0

13 DE Reg. 840 (12/01/09)
22 DE Reg. 230 (9/1/2018)
22 DE Reg. 783 (3/1/2019)
23 DE Reg. 939 (5/1/2020)
24 DE Reg. 1012 (5/1/2021) (final)