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In addition to the graduate students, the project heavily involves undergraduate students working on bachelor's degree in games and virtual reality development, film, or media arts production.

Bowditch said four funding awards in 2016 gave the GRID Lab the funding to start working with Cine-VR. “We had six GoPro cameras, and they were put together in a 3D-printed housing. And that housing was screwed on top of an old baseball batter’s helmet that we found at a thrift store."

What’s really neat is bringing people in and brainstorming what they want [out of a training]... With virtual reality, the sky’s the limit.

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While potential for the program is vast across various sectors, Johnson noted the program serves as an extender of OHIO’s impact by serving areas within the University as well. "Internally, we’re able to provide support to colleges and schools,” including the Heritage College of Osteopathic Medicine and the College of Health Sciences and Professions.

Learning Point: In Florida, Daubert is now the prevailing standard for expert witness evidence. Going forward, Florida requires a three-part analysis of expert opinion: was it based upon sufficient facts or data, was it the product of reliable principles and methods, and did the expert reliably apply the principles and methods to the facts of the case.

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Born and other Ohio University faculty created OHIO 360, an award-winning Cine-VR program to provide immersive virtual reality training for law enforcement officers in Appalachia. Faculty members from Ohio University's Scripps College of Communication J. Warren McClure School of Emerging Communication Technologies (ECT), Eric R. Williams and John Bowditch, together with Born, are leading the project.

“I think Eric was really the first to kind of recognize that and come up with this screenplay system to be able to have the full 360 degrees used” throughout the story, Bowditch said.

In addition to tackling visual challenges, Bowditch said the audio engineers have learned to place the audio in a 3D space as well. To accomplish this, each actor wears a microphone and is recorded on a separate channel. Those recordings are placed accordingly in post-production by ECT Director Chip Linscott and Herron, whom Bowditch places among the best in the U.S. working with immersive audio.

An interdisciplinary team at Ohio University is harnessing an explosion in emerging technology to tackle one of the nation’s most pressing problems: How can law enforcement trainers expose officers to potentially flammable, on-the-spot situations, so they can learn de-escalation techniques? An innovative and highly technical solution is being unveiled in perhaps the unlikeliest of places – the wooded hills of Southeast Ohio.

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The virtual reality scenarios were scripted with input from law enforcement units across the region, Bowditch said. Bowditch is the director of the Game Research and Immersive Design (GRID) Lab, which works on tech-based projects from video games to virtual reality experiences of all kinds.

Thanks to this accessibility, OHIO students also benefit. “At the GRID Lab, anyone can pitch a project—and we mean anyone, even [a student] who is starting college in our program on day one,” Bowditch said.

"Traditionally, you would have a camera, it would be facing actors, all of the lighting gear and microphones and stuff would be behind the camera," he said. In Cine-VR production, "There is no behind the camera.

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Williams, the author of two books on cine-VR, wrote and directed the scripts in collaboration with Athens Police Department auxiliary commander and forensic psychologist David Malawista.

While traditional VR technology has exploded in recent years—mainly through the medium of video games—the technology to create a 360-degree immersive user experience, as happens in Cine-VR, is advancing at an enormous rate. The team uses professional-grade equipment to film, but Bowditch noted 360-degree cameras are “affordable and ubiquitous. They aren't much bigger than a phone now.”

Law enforcement advisors from left: Lieutenant Eric Hoskinson, Lieutenant Tim Ryan, Commander David Malawista, and Captain Aaron Maynard. Photo by Megan Westervelt

Born believes this type of immersive training contributes to better policing outcomes for all. “The more experiences you have, the safer you become as a police officer,” he said.

But Cine-VR's unique presentation format and its implications for job training are only now coming to the surface. Born noted the project garners high interest when presented to job training leaders, in industries from human resources to health care. "Most of the questions we get have been, ‘How quickly can you help us?’,” he said.

That entrancing feeling is exactly what makes VR so successful, and Cine-VR takes it to a whole new level, Johnson, a retired Marine colonel, said. “It’s immersive—you're in there. I did two combat tours. We did immersive training, and I would’ve loved to have this [technology]. A lot of that was tactical. This is critical thinking.”

But now, Florida’s Supreme Court has receded from its position in DeLisle, and issued a 5-2 opinion adopting the Daubert standard for evidence throughout Florida. In re Amendments to the Fla. Evidence Code, No. SC19-107, 2019 Fla. LEXIS 818 (May 23, 2019). The amendments replace the Frye standard with the Daubert standard for admitting expert testimony to align with Federal Rule of Evidence 702. The Court stated that Daubert provides that “the trial judge must ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable.” The Court went on to reason that by adopting the Daubert standard, creating consistency between state and federal courts, the amendments “will promote fairness and predictability in the legal system, as well as help lessen forum shopping.”

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“The integration of this technology is going to change law enforcement across the world, but certainly in the United States,” said John Born, visiting assistant professor, executive in residence at the Scripps College of Communication and the Voinovich School of Leadership and Public Service.

Bowditch said the experiences of officers from the Ohio University Police Department, the Athens County Sheriff Department and the Athens Police Department informed the storylines for the training scenarios, which were then delivered to several police departments in Southeast Ohio.

The use of expert opinions in trials is to assist the trier of fact in the quest for truth in complex subject areas that are not commonly known to laypersons. Court proceedings would quickly become circuses if just any “expert” evidence were permitted for consideration by judge or jury. For this reason, courts employ standards by which evidence may, or may not, be admitted as expert evidence.

The program aims to develop “soft skills” like listening and neutral responding. Rather than providing tactical training like shooting or making arrests, Johnson says, OHIO 360 focuses on preventing the need for such actions by teaching skills that lead to better law enforcement encounters: “Communication, ability to assess the scene, active listening, de-escalation for this particular [scenario],” he said.

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In 2019, discussions about creating an innovative approach to training in crisis situations for law enforcement began and led to the development of the Appalachian Law Enforcement Initiative (ALEI), (now OHIO 360). In addition to Scripps College and Voinovich School faculty and students, the collaborative effort also saw contributions from Tia Jameson, director of Ohio University’s Bobcats Lead Change, Adonis Durado, assistant professor in the School of Visual Communication, and Immersive Audio Specialist Jordan Herron. Funding to produce the law enforcement training scenarios came from a grant awarded through the Voinovich School.

To fix its place as a leader in innovative job training approaches, OHIO 360’s creators plan to expand the program beyond Appalachia. It also received attention from Columbus and Louisville police departments and currently collaborates with the Ohio Peace Officers Training Academy.

Cine-VR helps overcome these challenges, not only from a cost perspective but also because of the ease of the technology's transportation and use, Johnson said. “They’re pretty simple to work,” he said of the headsets used to deliver the scenarios. "They’re user-friendly. Anybody can do it.”

Born said the Cine-VR trainings create "a perspective you couldn’t see if you hadn’t experienced it. [Cine-VR] provides an alternative to time-intensive, expensive knowledge transfer,” as happens in classroom lecture format. “This is longer-lasting and more impactful,” he said, designed to provide law enforcement with the feeling of the experience that they may not have in any other type of training environment.

“Chet is really focusing on mental health and PTSD and maybe law enforcement officers not knowing the full story before they interact with someone that's suffering mental health challenges,” Bowditch said. Dion “is about racial biases...the impact [a series of run-ins with law enforcement] has on him, and how different officers don't see necessarily how that's compounding over time and creating a scenario that's not going to end well for anyone.”

There are plans for additional scenarios authored by Williams, with six new Cine-VR trainings currently in production. Bowditch emphasizes the continual evolution of their approach and the importance of learning from failures and successes.

"We’ve been working with 360-degree video since 2015,” Bowditch said. “We saw that for the first time, VR was becoming affordable,” down from thousands of dollars for a single headset. The team successfully pitched the idea in 2016 to receive one of four Innovation Strategy Fund awards offered by the Office of Research.

Johnson noted the technology is beneficial for all kinds of public service training environments, including school safety, mental health, human resources, and veterans' programs. “I think it gives those in public service—something additional in their toolkit to be better public servants, in whatever capacity they’re serving in,” he said.

The words “virtual reality” conjure a specific scene: You don a pair of VR goggles and enter another world, where you race through city streets, battle aliens, or build rollercoasters. The experience is so immersive, you really feel like you have left the real world. You're less aware of your physical surroundings and fully invested and focused on the goal at hand, whether it’s blowing up a mothership or crossing a finish line.

When most people think of virtual reality, its use in gaming may be the first thing that comes to mind, but its application in real life often remains unexamined.

The project received the FBI National Academy Associates Science and Innovation Award for 2023, a significant recognition in law enforcement innovation, indicating the high quality and impact of the work.

Ohio University offers a three-year MFA program in partnership with the Schools of Emerging Communication Technologies, Media Arts & Studies, and Visual Communication. Williams, director of the MFA program, explained that “our MFA is designed for mid-career professionals, many of whom are returning to learn new digital skills. Being able to jump into a professional project with social impact is a huge opportunity—not only for the graduate students, but also for us at OHIO 360 to add their professional expertise to our production pipeline.”

Claiming that leadership position would take more than a faster rendering speed—Bowditch and Williams would have to expand their understanding of storytelling itself.

Since then, Bowditch said the team has created ways to shoot “120 degrees at a time. We can shoot the right side, the front side, the backside separately and stitch them all together to be one experience.”

He noted a current benefit of the training is in the creativity inherent to the storytelling process and being able to deliver training that fulfills a specific need. "What’s really neat is bringing people in and brainstorming what they want. What do you want out of the end of this training? With virtual reality, the sky’s the limit.”

For example, one of the early challenges the film crew faced was the basic question of where to position themselves during filming so they wouldn’t be in the scene.

“Those original cameras, our 3D rig and baseball helmet, have led to millions in grants to do more in this space,” Bowditch said.

Assistant Athletic Director for Student-Athlete Development & Inclusion Tia Jameson served as a member of the project's development team.

“Initially we had the challenge of, ‘OK, so we have this 360-degree filmmaking. Do we approach this like a traditional film? Do we approach this like a video game developer?’ And we found that was a mistake.”

The program was first tested with law enforcement officers in Ohio, thanks to available funding and the need for training resources in the region. More than 80 percent of the officers who took the Cine-VR training preferred it over traditional, classroom-style training, said Born, who previously served as director of the Ohio Department of Public Safety and colonel of the Ohio State Highway Patrol.

Bowditch said the team learned through experimentation that Cine-VR is an entirely different medium than two-dimensional storytelling.

"When we were first doing experiments with this, we would set actors up and then we would all go hide behind like a tree or trash can—like, the crew would hide,” he elaborated. “And always there was someone's arm sticking out, or a leg sticking out, and we'd have to digitally paint that out [in post-production].”

“Recent academy grads usually haven’t seen a mental health crisis in a home. The family doesn’t know what to do, so they call 911,” which can lead to unexpected conflict with police, Born said.

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Inside Higher Ed notes the use of VR technology has expanded in college classroom settings, allowing students to experience and process high-octane situations like public speaking or practicing surgeries.

Almost twenty years ago, the U.S. Supreme Court abandoned the standard that had been in use since the 1923 case Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). The so-called “Frye” standard for the admissibility of expert evidence required that “the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.” Florida courts over time began applying a “pure opinion” exception to the Frye standard, admitting into evidence the opinions of any expert who ignored scientific method but relied on his or her own experience or training.

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The response confirmed this was training unlike any participants had experienced before, said Jay Johnson, assistant professor of practice and director of the George V. Voinovich Academy for Excellence in Public Service, located at Ohio University's Dublin Campus. "Everybody that takes off [the VR headset], the first word out of their mouth is 'Wow.' They think it’s going to be like ‘Avatar’, or a cartoon—it’s not."

The scenarios are named for their principal characters, “Chet” and “Dion.” Chet is a veteran suffering a mental crisis because of post-traumatic stress disorder and Dion is a Black man who has recurring adverse encounters with law enforcement officers during what they believe are routine stops.

Students play a significant role in the GRID Lab's projects, Bowditch said, contributing to various aspects like graphics, sound, and technical elements. The lab encourages student-led project pitches, fostering a creative and experimental environment. The program also involved collaboration with various county law enforcement agencies, including Athens, Washington, Meigs, Hocking, and Muskingum counties. Ultimately, 200 people from across the University helped bring the training scenarios to life.

Johnson said the team is committed to exploring how Cine-VR can continue to make an impact in job training, for law enforcement and public service in the Appalachian region and beyond. “It's really, truly been a team effort and I'm really proud of what we've done and continue to do,” he said, noting what's exciting to him is the project’s origin story and first beneficiaries: “It was born and bred here in Appalachia.”

The Daubert standard has found favor in most U.S. courts as encouraging expert opinions based on more reliable methods. Nevertheless, in October 2018, Florida’s Supreme Court rejected Daubert as the standard, in favor of the Frye standard.

Florida’s Supreme Court in October 2018 found unconstitutional the Florida Legislature’s attempt to codify the Daubert standard regarding admissibility of expert testimony. DeLisle v. Crane Co., 2018 Fla. LEXIS 1883 (Fla. 2018). The attempted codification of the Daubert standard, in the view of the Florida Supreme Court in October, violated the separation of powers given its exclusive authority to set court procedures. Further, the high court at that time held that the Frye standard is the better standard, and the one to be used in Florida courts rather than Daubert.

The lab’s first attempts at Cine-VR were slow going, but illuminated the medium’s possibilities, Bowditch said. “Content that we captured [initially] took almost a month to render. We realized this technology was going to quickly take off, and we wanted to be leaders in this space.”

But now, just a few months later, and with a new makeup of justices, Florida’s Supreme Court has reversed its October decision unilaterally and without petition, and has held that the Daubert standard is indeed the proper standard in Florida.

Since the 1993 case from which it was derived, most U.S. courts have employed the Daubert standard to determine the admissibility of expert evidence. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Daubert Court noted that the Frye standard conflicted with Federal Rule of Evidence 702, and failed to require general acceptance of the theory or technique as a precondition of admissibility. The Daubert Court stressed that the purpose of Federal Rule of Evidence 702 is to ensure expert evidence is both relevant and reliable. The focus of the evidence under Rule 702, and under Daubert, is therefore not the opinion itself, but the principals and methods by which the opinion was formed. Daubert requires a three-part analysis of expert opinion: was it based upon sufficient facts or data, was it the product of reliable principles and methods, and did the expert reliably apply the principles and methods to the facts of the case.

These virtual reality experiences have the potential to be transformative for Appalachia, Born said, noting that challenges such as distance, small populations, and tight budgets create limited opportunities for innovative law enforcement training.