Promoting Accessibility & 
Accountability: Law 
Enforcement and Survivors 
with Disabilities/ Deaf 
Survivors 

End Abuse of People 
with Disabilities 
Webinar Series 
May 9, 2017 



Promoting Accessibility & 
Accountability: Law Enforcement 
and Deaf Survivors 



Introductions 

Aileen Vasquez, MSW, CA-Project 
Coordinator, Domestic Violence Child 
Advocacy Center 

Sandra Hatibovic, B.S., CA -Community 
Outreach Specialist, Cleveland Hearing & 
Speech Center Community Center for the 
Deaf & Hard of Hearing 

Samantha Taylor, B.S., CA-Community 
Outreach & Project Coordinator, Cleveland 
Hearing & Speech Center Community Center 
for the Deaf & Hard of Hearing 

5/3/17 



Agenda 

I. Why are Deaf people at risk for victimization and law 
enforcement interaction? 
II. What are the barriers that Deaf survivors face when interacting 
with law enforcement? 
III. How does the ADA cover the Deaf survivors? 
IV. Solutions 
a) General Recommendations and Best Practices 
b) KEYS 4 Deaf Access’ work with Cleveland Division of Police 

Keys 4 Deaf Access 

• 
Domestic Violence Child Advocacy Center 
• 
Cleveland Division of Police 
• 
Cleveland Hearing & Speech Center 
• 
Cleveland Rape Crisis Center 

Safety for Deaf Survivors/Victims 

Access to 
Communication Safety 

A DeafVictim’sRealityVictimized by the 
abuse then 
re-victimized by 
the system(s) 
Afraid to go to the 
police, hospital, or 
social services 
because of mistrust 
and/or 
miscommunication 
Unaware of their 
rights or how the 
system can help 
Prefer to take care 
of “their own” 
instead of relying 
on outside help 
A DeafVictim’sRealityVictimized by the 
abuse then 
re-victimized by 
the system(s) 
Afraid to go to the 
police, hospital, or 
social services 
because of mistrust 
and/or 
miscommunication 
Unaware of their 
rights or how the 
system can help 
Prefer to take care 
of “their own” 
instead of relying 
on outside help 

Barriers to Communication Access 

• 
Written materials are not accessible 
• 
Accessibility of legal documents 
• 
Relying on lip reading or written notes 
• 
Securing interpreting services 
• 
Interpreter training/lack of qualified interpreters 

Unique Barriers and Safety Considerations 
for Deaf Survivors/ Victims 

• 
Lack of understanding about DV/SV 
• 
High prevalence of DV/SV in Deaf Community 
o 
Trauma from childhood or other relationships 
• 
Lack of accessible services 
• 
Technology considerations: videophones/ 
smartphones 
• 
Concerns for their children and family pets and/or 
service animals 

• 
Believe that abuse is deserved because of certain 
limitations 
• 
Concerns about managing independently 
• 
Power Dynamics (i.e. hearing perpetrator) 
• 
Societal perceptions of Deaf individuals as being 
less competent 
• 
Community considerations: leaving their community 
(comfort zone) and gossip spreading 

Mistrust of the Law Enforcement 

• 
25% of Americans say they have a great deal 
of confidence in the police. 
• 
Deaf/HOH victims have reported frequent 
misunderstandings with police officers (2) 
• 
H.E.A.R.D. has collected a log of 44 
Deaf/HOH people that have either died or 
suffered from encounters with police officers. 

Mistrust of Law Enforcement (Con’t) 

• 
Marlee Matlin collaborated with H.E.A.R.D. and the 
American Civil Liberties Union (ACLU) to create a 
video to educate the Deaf community about 
communication with the law enforcement in 2015 (3) 
• 
Social media, especially vlogs, has helped to spread 
awareness and knowledge about interacting with 
the law enforcement and the Deaf community 
nationwide 

Interactions Between the Deaf and 
Law Enforcement 

“Deaf wrongful convictions often begin when 
police officers fail to ensure that 
communication is effective pursuant to federal 
disability rights laws” 

(Talila L. Lewis-founder of H.E.A.R.D.) (4) 



Identifying Ways To Reconcile and Build Trust 



Survey of Law Enforcement 

• 
Needs assessment -June to August 2013. We 
ensured that we had fair representation from the 
Deaf, Hard of Hearing, hearing allies, and the police 
• 
131 participants 

• 
18 focus groups 
• 
14 interviews 
• 
68 patrol officers took the survey 
• 
17 Cleveland Hearing and Speech Center (CHSC) 
board members and 9 board members from 
Domestic Violence Child Advocacy Center (DVCAC) 
also took the survey 

Four Communication Barriers Identified 

• 
Majority were unable to communicate effectively 
• 
Staff and leadership within all three partner agencies 
lack knowledge on how to effectively respond 
• 
A safe, welcoming, and accessible environment is 
highly desired by individuals who need assistance 
• 
Many in need were unaware of available services 
and resources and may lack access to them 

Additional Issues Identified 

• 
Top Two Issues: training for patrol officers and 
training on Deaf specific safety issues 
• 
Some patrol officers wanted to know more about 
the difference between working with the Deaf 
community and people with mental illness 
• 
The patrol officers do not want to waste time 
waiting for the interpreter to arrive – VRI 
• 
“Attitude affects the journey.” If the first encounter 
they have with the law enforcement is negative, it 
will set the atmosphere for the rest of the process. 

ADA and Deaf Survivors 

• 
It is recommended that the law enforcement ask the 
Deaf/HOH person of their preference of choosing 
which auxiliary service they prefer. 
• 
The Deaf/HOH person’s wish must be honored unless 
it can be proved that another effective and equivalent 
auxiliary service is available. If it is shown that it is an 
undue burden or a fundamental alteration, allocations 
can be permitted to offer other choices. (5) 

Types of Auxiliary Services 
Recommended 

• 
A qualified note taker 
• 
A qualified sign language interpreter (someone who is able to 
interpret effectively, accurately, and impartially, both 
receptively and using any necessary specialized vocabulary) 
• 
An oral interpreter 
• 
A cued-speech interpreter 
• 
A tactile interpreter 
• 
Real-time captioning 
• 
Written materials 
• 
Provide a printed script. (5) 

Keys 4 Deaf Access' Collaboration with Cleveland 
Police Division 

• 
The Cleveland Division of Police recognized the need for 
immediate access to communication with Deaf citizen 
• 
Providing VRI services -time efficient and cost effective in 
removing the communication barriers 
• 
Revised CDP’s General Police Order 
• 
10 iPads were purchased with a data plan for easy access on 
the road. VRI minutes were preloaded on each iPad. 
• 
The iPads were distributed amongst 6 police districts, Family 
Justice Center, the DVCAC shelter, and the office at DVCAC 
• 
One more will be purchased for the Cleveland Rape Crisis 
Center (CRCC) 

What is Video Remote Interpreting? 

Video remote interpreting: (VRI) 

• 
A fee-based service that uses video conferencing technology 
to access an off-site interpreter to provide real-time sign 
language interpreting services for conversations between 
hearing people and people who are Deaf or have hearing loss 
• 
It is not advised to use VRI if the person who needs the 
interpreter has difficulty seeing the screen. 
• 
Can be useful in rural areas where on-site interpreters may be 
difficult to obtain 
• 
For more information about VRI performance standards click: 
https://www.ada.gov/effective-comm.htm 



Best Practices for using VRI with Law Enforcement 

• 
Assign a person of contact (POC) for monthly check ins-
updates to iPads, Z5 app, repairs, restocking of VRI minutes, 
and/or technical problems 
• 
Training refreshers every 6 months 
• 
Ensure that the Officers In Charge (OIC) are taking care of the 
iPads and ready to go out in the field anytime any day. The 
iPads should be 100% charged at all times. 
• 
Train dispatchers to use the VRI procedure to help the first 
responders. Dispatchers should have the information on local 
interpreting agencies. Code the call properly to let the police 
know that the victims may be Deaf. 

General Recommendations 

• 
Ongoing training for law enforcement 
• 
Integrate agency trainings to ensure cultural competency 
• 
Visible signage to let the Deaf community know accessibility is 
available 
• 
Providing accessible information and/or the production of 
videos posted on websites 
• 
Have written materials made using plain language 
• 
Have closed captions made available 
• 
While a VRI is beneficial for immediate access it is always 
recommend to bring in a live interpreter 
• 
Maintain relationships with key stakeholders within Law 
Enforcement Agencies 

Works Cited 

1. Jones, Jeffrey M. (2015, June 19) In U.S., Confidence in Police 
Lowest in 22 Years. Retrieved from 
http://www.gallup.com/poll/183704/confidence-police-lowestyears.
aspx 

2. HEARD Police Brutality & Discrimination Against Deaf People. 
(2017, January 30) Retrieved from http://bit.ly/2bDHywp 
3. Deaf and Police Interaction-Marlee Matlin helps bridge the gap 
(2010, December 10) Retrieved from 
https://youtu.be/fniwXu6UMyI 

4. Callis, Lydia L. (2014, November 10) How the Criminal Justice 
System Fails the Deaf Community. Retrieved from 
http://www.huffingtonpost.com/lydia-lcallis/
post_8582_b_6127898.html 

5. US Department of Justice Civil Rights Division Disability Rights 
Section. (2014, January 31) ADA Requirements: Effective 
Communication. Retrieved from https://www.ada.gov/effectivecomm.
htm 

Thank You! 


This project was supported by Grant No. 2011-FW-AX-K004 awarded by the Office on 
Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, 
and recommendations expressed in this publication/program/exhibition are those of the 
author(s) and do not necessarily reflect the views of the Department of Justice, Office on 
Violence Against Women. 



Promoting Accessibility & 
Accountability: Law Enforcement 
and Survivors with I/DD 

Leigh Ann Davis, M.S.S.W., M.P.A. 
Director of Criminal Justice Initiatives, 

The Arc’s National Center on Criminal Justice and Disability® 



Why Training is Imperative 

-Little or no advocacy exists, at the same time 
serious barriers in accessing services for survivors 
with I/DD remain 

-People with I/DD are more likely to be victims of 
crime than the general population 
-The “best” victim is the one who can’t tell 

-Those with less opportunities or ability to 
communicate go unseen, unheard and ignored 



The Numbers 

-Rate of violent crime against people with disabilities 
was 2.5 times higher 

-Those with cognitive disabilities had the highest 
rates of victimization 

-One in five violent crime victims with disabilities 
believed they were targeted due to their disability 



As Victims, People with I/DD 
Might… 

-Be easily victimized and targeted for victimization 
-Be less likely or able to report victimization 
-Think that how they have been treated is normal 

and not realize the victimization is a crime 
-Think the perpetrator is a “friend” 
-Be unaware of how serious or dangerous the 

situation is 
-Not be considered as credible witnesses, even in 
situations where such concern is unwarranted 
-Have very few ways to get help, get to a safe place 
or obtain victim services or counseling 



Barriers to Justice for Victim/ 
Survivors with I/DD 

-Increased risk (or perception of increased 
vulnerability) 

-Lack or resources and support systems 

-Physical or social isolation 

-Lower rates of police follow-up, prosecution, and 
conviction 

-A judicial system that is not physically or cognitively 
accessible 

-The disability itself (If a disability impacts the ability 
to resist the perpetrator, or to interact with law 
enforcement) 



Barriers to Justice: Identification of 
I/DD 

-Most function on upper end of the spectrum (“mild 
I/DD”) 

-Fear of disclosing disability 

-Often no visible or outward signs 

All 
other 


Mild: 
85


forms 
of ID
89% 



Barriers to Justice: Reporting Crime 

-Believability and credibility within the 
criminal justice system overall 

-Speech and cognition difficulties 

-Lack of sexual assault prevention 

-Acts are viewed as abuse rather than crime 



Report not 
investigated 
Report not 
investigated 
Not 
understood, 
believed or 
taken 
seriously 
Victimization 
Occurs 
Not 
recognized as 
abuse; not 
reported or 
disclosed 
No therapy or 
inappropriate 
therapy 
No trial, no 
convictions, 
offenders 
able to re-
offend 
Cycle of 
Victimization: 
People with 
I/DD 


The Pathways to Justice Model 



Accommodations 

-Know how to communicate with and interview crime 
victims with I/DD 

-Take extra time to ask more questions to determine 
presence of disability 

-Speak slowly, clearly; check for understanding 

-Use simple language, pictures, symbols, 
communication boards 

-Assist filling out forms as needed 

-Call on local disability agencies as needed 



Communication Tips 

-May be more difficult for a person to follow what is 
being said and to speak after a traumatic event 

-Ability to communicate what happened is not 
necessarily related to cognitive understanding or 
truth-telling 

-Developing trust is essential 

-Some people communicate in nontraditional ways 
but can communicate if officers take the time to 
understand 

-Some people can understand what is said; however, 
have difficulty expressing what they want to say 



Tips for First Responders 

Say: My name is…. I'm here to help you, not hurt you 

Show: Your picture identification and/or badge (as you 
say the above) 

Give: Extra time for the person to process what you 
are saying and to respond 

Use: Pictures and objects to illustrate your words. 
Point to your ID picture as you say who you are, point 
to any protective equipment as you speak about it 

Predict: When events will happen (tie to common 
events in addition to numbers and time, for example, 
"By lunch time…" "By the time the sun goes 
down…") 



More Tips 

Ask for/Look for: An identification bracelet with health 
information/diagnosis 

Repeat: Reassurances (for example, "You may feel afraid. 
That's ok. We're safe now.") 

Reduce: Distractions. For example: lower volume of radio, 
use flashing lights on vehicle only when necessary 

Explain: Any written material (including signs) in everyday 
language 

Share: The information you've learned about the person 
with other workers who'll be assisting the person 



7 Steps: Interviewing 
Crime Victims with I/DD 

-Preparing for Interview -Using Simplified 
Language 

-Introducing Yourself 
-Personality Traits 

-Providing for victim’s 
needs -Patience & Demeanor 

-Developing Rapport -Signals & Control 



Solutions for Change: How Criminal Justice 
and Disability Professionals Can Work 
Together 

• 
Write a protocol for how to assist crime victims with I/DD 
at your agency 
• 
Develop screening tools to identify how many people 
with I/DD are interacting with your law enforcement 
agency 
• 
Create accessibility and accommodation “check lists” 
(with a focus on cognitive access) to help better serve 
crime victims with disabilities. 
• 
Create community-wide campaign to raise awareness of 
the high risk of victimization of people with disabilities, 
especially those with I/DD 
• 
Create Disability Response Team and provide effective 
training 

Thank You! 

Leigh Ann Davis 
Director, Criminal Justice Initiatives 
National Center on Criminal Justice and Disability 
The Arc of the United States 

ldavis@thearc.org 
www.thearc.org/nccjd 



Questions? 



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