Is South Bend's written test applicable to police work? Who makes it and what's on it.
March 1, 2025
SOUTH BEND — The U.S. Department of Justice alleged that the South Bend Police Department's hiring practices discriminate against African American applicants, of which 21.3% fewer applicants are passing the written test compared to white applicants. The lawsuit was dismissed on Feb. 26, saying that prioritizing DEI over merit "jeopardizes public safety."
The written test, created by Testing for Public Safety LLC, is similar to tests other Indiana departments, including Indiana State Police, take, the city of South Bend said in an Oct. 11 press release.
"Since at least 2016, the difference between the pass rates of African-American and white applicants on the written test was statistically significant at greater than three units of standard deviation," the DOJ lawsuit said, claiming that as a result of the "discriminatory screening device," the police department has hired fewer African American officers since 2016.
According to a demographic breakdown of applicants from 2017 to 2023 data on the Police Transparency Hub, 46 out of 71 African American applicants who took the written test passed it — 64% — compared to 265 out of 312 White applicants — 82%. During this time, 11 African American officers and 84 White officers were hired.
Black Lives Matter South Bend co-founder Kat Redding said they're working to educate the community on this data but are also pushing for reparations for the South Bend Black community.
“We have spearheaded the work on making sure that the rest of the community knows that the troubles that we face, we all know and are very aware of them here in the Black community," she told The Tribune on Feb. 28.
Lowering the passing rate
In 2016, the police department lowered its written test passing rate from 82 to 80 to allow more applicants to pass, Ashley O'Chap, the department's director of communications, confirmed by email. If applicants don’t pass the written test, they can apply again as many times as they’d like, the department said by email.
South Bend NAACP President Trina Robinson said applicants within 10% of passing should pass, adding that it’s not fair to fail by one point.
South Bend Chief of Police Scott Ruszkowski told a Tribune reporter that the passing requirements are according to the state.
“These are state standards. These are not ours,” he said Jan. 15. “I can’t go any less than what those are.”
Is the written test modeled after police work?
The DOJ claimed the written test in the selection process “is not job related for the position in question.”
Robinson agreed.
“As I began to look at some of the criteria that they were basing it on, some of those — as the DOJ mentioned — were not relevant to what they were needing to do,” she said.
Four sections of the written exam consist of subject matter including: learn and apply knowledge, observe and accurately describe events, remember identifying information, navigate directions and spatial ability, complete written forms, communicate in writing (grammar and spelling).
“When you’re talking about a first-time officer — unless you’re being elevated to a higher rank that those criteria would be needed — I agree with the DOJ — those are not relevant to what is needed to be a first-time officer,” Robinson said.
Joshua Morgan, president of the Fraternal Order of Police Lodge #36, disagreed, saying, “Unlike other departments, I believe, our written test is geared more towards police work.”
As an example, Morgan said a question on the test might show a picture of a crime scene with a clock in the picture or a license plate. Applicants will have to remember what the time was or what state the license plate is from, he said.
“It’s things that you’re going to have to do as a police officer,” Morgan said.
When asked if officers should have those skills before going to the academy, Morgan said, “yes.”
“The academy doesn’t teach you how to remember things,” he said. “… If you are not good at remembering certain things that are applicable to the job, it makes it a lot more difficult.”
The company takes steps to validate the exam and make sure that all of the test components are job related, Amy Emerson, director of testing for Public Safety LLC said. The test construction methods strictly comply with Federal Uniform Guidelines on Employee Selection Procedures and the Principles for the Validation and Use of Personnel Selection Procedures, she said.
The test is modeled after what officers might see or experience in the field and is designed to be more of a job simulation of what they need to do, "rather than a basic knowledge test, which obviously, is not fair,” Emerson said.
The timed exam assesses several important skills and abilities of a police officer, Emerson said, including:
The ability to learn and apply knowledge, or learning comprehension.
The ability to observe and report events accurately, such as remembering the details of scenes.
The ability to remember identifying information, such as recognizing faces.
The ability to navigate directions according to common directions (North, South, East, West) with instructions.
The ability to complete forms thoroughly and accurately (no memorization required, but following instructions is necessary).
The ability to communicate effectively.
The written test is designed to reflect the skills and abilities that police officers need, Emerson said. They work with current law enforcement officers to create the test, she said.
“We also make sure that any committees that are formed to develop testing materials have diversity in all directions,” she said. “We want to make sure that we include — as part of the development — female, male, people of all racial backgrounds. As you can imagine, a test for any work product is better when you can include as much diversity as possible. Decisions are improved because of the different vantage points that people have. That’s a necessary part of test development.”
South Bend police applicants are also invited to free tutoring sessions to prepare for the test, the city said in a press release. Testing for Public Safety LLC also conducts that training, Emerson confirmed, “so, it is a direct reflection of the test that they’re taking,” she said.
Robinson believes the written test is discriminatory against all races, she said.
“I am confident that our tests do not have a discriminatory effect for any group, that our tests are job-relevant, and that our tests reflect job skills that are necessary and critical for a police officer,” Emerson said.
When asked if the DOJ was also filing a lawsuit against Testing for Public Safety LLC, they declined comment beyond their complaint and press release.
Fewer African Americans apply for SBPD compared to White peers
Data show that fewer African Americans are submitting applications to the department than White applicants.
According to a demographic breakdown of applicants of 2017 to 2023 data on the Police Transparency Hub, out of a total of 598 submitted applications, 123 applicants — 20% — were African American and 320 — 53% — were White. The remainder of applicants is made up of American Indian or Alaskan, Asian, Hispanic or Latino, Hawaiian, or two or more races. One hundred twenty-four applicants who submitted applications left the ethnicity section blank or preferred not to answer.
Robinson said fewer African Americans are applying for the department because there’s a lack of trust in the police department within the African American community.
“When you have children that are seeing their loved ones being abused or mistreated or killed, then you have that result of not wanting to apply for a department which have hurt your family,” Robinson told The Tribune on Jan. 7.
Robinson addressed this “fear” as she referred to a 2012 incident in which three South Bend officers wrongfully entered a house and used excessive force, an internal investigation determined, on a then 17-year-old African American man, Deshawn Franklin, believing him to be his brother, who was wanted for domestic battery. Franklin was punched multiple times and tased. He was released without arrest after a supervisor said the officers involved couldn’t prove Franklin resisted arrest. On July 29, 2016, a federal jury ruled the officers violated Franklins' constitutional rights against unlawful search and seizure.
“In order for us to see more improvement with African Americans applying, we need to first gain the trust of (the) African American community in order to get what we’re looking for,” Robinson said.
In his 10 years as chief, Ruszkowski said, the police department has been increasing its community outreach events that the department not only attends but also hosts. In addition to coffee with a cop, monthly crime statistics meetings and bi-annual Citizens Police Academies — all open to the public — the department also hosts two community barbecues as the school year ends and then starts again.
Amid these efforts, Ruszkowski acknowledged that although statistics can show no crime or crime reduction in an area, there’s a fear of crime itself, and it’s the same with distrust, he said.
“Of course, you’re gonna have that in any society, any community whether it’s police or don’t trust government officials,” Ruszkowski said.
He encouraged people who have a distrust of South Bend Police to show up to an event, and “if that distrust is still there, then we’ll figure out something else."