California: Three Reasons For LGBT Awareness Training

Three Important Reasons

                • Comply With The Law

                • Avoid Liability For Being Deliberately Indifferent To The Law

                • Avoid The Risk Of An SB2 Action For Demonstrating Bias

Aside from all of the benefits related to cultural competence that come from LGBT awareness training, in California this training is required by law. California Penal Code section 13519.41 requires LGBT awareness training for all peace officers and all 9-1-1 dispatchers. This includes those currently employed and new-hires. The California POST basic law enforcement academy and 9-1-1 dispatcher academy curriculum now includes this mandated training.  But for those employees who attended a basic law enforcement academy before October of 2010 or 9-1-1 dispatchers who attended basic training before 2025, agencies are obligated to provide in-service training to meet this mandate.

LGBT Awareness training for peace officers and dispatchers became required by section 13519.41 in January 0f 2019. As time goes on and agencies fail to comply, they become more “deliberately indifferent” and liability increases. For individual peace officers, this risk is now particularly great because of “SB2” and conduct that can result in decertification and a loss of a basic certificate (California Penal Code Section 13510.8). Here is a scenario to explain this risk.

Scenario:

An officer responds to a reported assault involving a transgender victim. The victim reports they were punched in the face as they were walking out of a well-known gay bar. During the interview, the officer consistently misgenders the victim, uses outdated and offensive terminology and misclassifies the report as a simple assault when evidence showed it was a felony and a hate crime.

The victim makes a citizens complaint about the officer’s conduct during the investigation and alleges the officer was bias based on the use of offensive terminology and continued misgendering of the victim. The complaint also alleges the officer failed to recognize the crime as being a felony and a hate crime. The internal affairs investigation reveals that all of this was true based on a review of the officer’s body camera recording. During the internal affairs interview, the officer said they “didn’t know any better.”

Whether the officer intentionally used offensive terminology or not, this complaint and investigation now has to be reported to California POST and the officer is at risk of an SB2 action that could result in the officer loosing their certification. During this investigation, it will become known that the agency failed to provide the officer legally mandated training and has demonstrated deliberate indifference given the fact that 5 years has passed since this training became required. It was readily available this entire time. For the officer, the risk is perhaps greater as 13519.41 PC does not eliminate liability for the officer because the agency failed to provide this required training.

The LGBT awareness training specified and required by 13519.41 PC includes terminology and hate crimes awareness. Had this offer had the required training, the outcome could have been quite different. Instead of alienating a member of the community, trust and faith in law enforcement could have been built. Even more critical, the officer’s career would not have been put in question or jeopardy.

California law enforcement agencies are urged to make compliance with this training mandate a priority and provide the required LGBT awareness training to their officers and dispatchers. There is no obligation to use any particular source for this training. While the law does not require this training to be certified by California POST, we of course, strongly recommend agencies seek POST certification of whatever training they provide.