13-02 Uniform External Complaint Intake / Management Flashcards
Toronto Police Service (Service) procedures governing the complaint process ensure that parties to a complaint are dealt
with in a way that is both ——- and ——-. The process is designed to be thorough and administered without unnecessary ——. The Service is committed to ensuring that the complaint process is ——-and transparent both to members of the Service and to the public. The Service shall respect the rights of its members and the public it serves.
fair and impartial
delay
accountable
The public complaint system for police services in Ontario is managed by the Office of the Independent Police Review Director (OIPRD) and provides an independent —–oversight to policing services. The OIPRD receives and manages all public complaints concerning the —– of a police officer of the Service, or the ——– or the ——– provided by the Service.
civilian
conduct
policies
services
This Procedure outlines the process for the intake and management of external conduct complaints involving police officers. The OIPRD will manage and have carriage of all external complaints. The OIPRD may ——-the investigation of an external complaint or direct the Service or another police —— to investigate the external complaint on their behalf.
The OIPRD will determine final ———-of all external complaints regardless of who investigates the complaint. Every complaint shall be acknowledged and recorded on the prescribed OIPRD form.
retain
service
dispositions
All complaints shall be investigated on the ———and substance of the evidence and shall not involve an inquiry into the ———-of the complainant for the sole purpose of undermining the complainant’s ——–. Complainants shall not be dissuaded from making a complaint, nor shall they be made to feel that there may be any type of ———– for filing a
complaint
merit
background
credibility
retribution
OIPRD Liaison Officer – Chief of Police Designate
The OIPRD Liaison Officer will assume all the duties and powers of the ——of Police in matters respecting an incident under investigation. The OIPRD Liaison Officer will coordinate the ——– response to the OIPRD. The Chief of Police’s OIPRD Liaison Officer must be a ——- Officer. The Chief of Police has authorized the ———– as the OIPRD Liaison Officer.
No member shall ——— directly or indirectly with any person from the OIPRD unless directed by the OIPRD Liaison Officer. All inquiries and documents shall be directed to the OIPRD Liaison Officer.
Chief
Service’s
Senior
Inspector – Professional Standards (PRS) – Complaints Administration
communicate
Delivery of a Complaint
Any member of the public may make an external complaint. A complaint shall be made on an OIPRD form which can be
obtained at any Service facility or at the OIPRD website. The OIPRD form can be submitted
electronically, or
by ———, or
by TPS eFax, or
in person (or agent), or
by delivering the OIPRD form to any ———.
mail
Service facility
Complaints about a police officer from another police service and third party complaints will also be ——- in the above manner. A complainant shall be provided with appropriate OIPRD forms and/or brochures to complete and return or submit at their discretion. These forms must be ——-by the complainant. The OIPRD will not accept ———
complaints
accepted
signed
anonymous
Local Resolution
A local resolution is an agreement between all parties prior to an OIPRD complaint being lodged. It must be resolved within ———– of the complainant reporting to the police and involve a complaint that meets one of the below
criteria:
dealing with personal property, other than ——– or —-
failing to treat a person equally, other than violations based upon the prohibited grounds in the ———————–, or
using profane language, or
acting in a d————— or
neglect of duty, or
failing to work in ———— with orders, or
failing to make a report or ———entry, or
conspiring and ————–to commit any of the above, or
contravening any provision of the Police Services Act (PSA) or its Regulations of a less serious nature.
Local resolutions are facilitated by a ————and are to be documented on the prescribed OIPRD form.
No record of a local resolution shall be placed in a police officer’s personnel file
thirty (30) days
money or firearms, or
Ontario Human Rights Code (Human Rights Code)
disorderly manner,
accordance
record
abetting
supervisor
Customer Service Resolution
A customer service resolution is an agreement between all parties after an external complaint has been lodged with the OIPRD, but not ———-. It must be referred by the OIPRD to ———, be resolved within ——–days of the date of notice to PRS, and involve a complaint that meets one of the below criteria:
dealing with ——-property, other than money or ———-, or
failing to ———a person equally, other than violations based upon the prohibited grounds in the ———–, or
using ——– language, or
acting in a ——– manner, or
——of duty, or
failing to work in accordance with ——–, or
failing to make a report or ——-entry, or
conspiring and abetting to commit any of the above, or
contravening any provision of the PSA or its ———of a less serious nature.
Customer service resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form.
No record of a customer service resolution shall be placed in a police officer’s personnel file.
formalized
Professional Standards (PRS)
forty five (45)
personal
firearms
treat
Human Rights Code
profane
disorderly
neglect
orders
record
Regulations
Informal Resolution
An informal resolution is an agreement between all parties after a complaint has been ——–with the OIPRD and involves conduct that is deemed ————-
There are two types of informal resolutions:
- Informal resolution occurs ——-the investigation
When a complaint is lodged directly with the OIPRD, the substance and nature of the complaint is —-initially established by police. The investigating supervisor may then resolve the complaint by way of an Informal Resolution Agreement (004——OIPRD). An Investigative Report 004-0309 OIPRD is —required. - Informal resolution occurs ——the investigation is completed
After an investigation, when a completed Investigative Report (004-0309 OIPRD) has been forwarded to the OIPRD, the OIPRD may suggest that an informal resolution is an option; which may or may not involve unit level ——-.
Informal Resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form.
No record of an informal resolution shall be placed in a police officer’s personnel file.
lodged
less serious.
during
not
0307
not
after
discipline
Human Rights
The Toronto Police Services Board (Board) and the Service are committed to the delivery of police services that are fair, respectful and unbiased. ——–and harassing behaviour is offensive, degrading and —–under the Human Rights Code.
Members shall refer to Procedure 13–14 for what constitutes an alleged violation of a prohibited ground under the Human Rights Code and the process for reporting
Discriminatory
illegal
Reprisal
Members shall not harass, intimidate, or retaliate against any person who makes a report or complaint about their conduct or the conduct of another Service member.
Any member who, in good faith, reports a breach of Service or ——-Governance or an act of misconduct shall not be subject to reprisal for making such report.
Legislative
Harassment, Coercion or Intimidation
The PSA includes the following offence provisions:
harassment, coercion or intimidation in relation to a complaint
intentionally ——or obstructing or providing false information to the OIPRD or an investigator
attempts at the above.
This applies to either a police officer or a member of the public. No prosecutions of these offences can be commenced without the consent of the ————
hindering
Attorney General.
Notification to a Police Officer
A police officer who is the respondent of a conduct complaint shall receive notification regarding the substance of the complaint on a —–. If notification may prejudice an investigation, it may be ——.
The notice shall be provided forthwith when
there is evidence to ——an allegation
the evidence, if believed, would ————–misconduct/substantiated complaint
a ———officer has been identified.
TPS 649
delayed
support
constitute
respondent
Withdrawal of Complaints
An OIPRD complaint can be withdrawn.
Publication of Disciplinary Hearing Decisions
Copies of hearing decisions for all —–conduct complaints shall be submitted to the OIPRD by the —–. These will be posted on the OIPRD website.
external
OIPRD Liaison Officer
Statements Pertaining to a Conduct Complaint
Pursuant to the PSA, all police officers involved in a conduct complaint are ——– to submit —–statements and/or ——an investigative interview and answer questions, unless the member is simultaneously a respondent of a ——investigation arising out of the same incident. These compelled statements cannot be used against the person making the statement in any criminal proceeding.
compelled
detailed
attend
criminal
Upon request, police officers shall be afforded the opportunity to confer with and/or have present during an interview, —— and/or a representative of the Association. This benefit does not apply if in the —– of the investigative supervisor, waiting for legal counsel or a representative of the Association would cause an unreasonable delay in the
investigation.
legal counsel
opinion
Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Witness)
Where a police officer is designated as a witness officer in a conduct complaint involving a criminal allegation, the witness officer ——supply the investigating supervisor with a detailed statement concerning the incident, as required. Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the respondent officer, the statement shall be ——to the officer upon demand.
No copies of the statement shall be retained by any other member of the Service, following the demand
shall
returned
Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent)
Where a police officer is designated as a respondent officer in a conduct complaint involving a criminal allegation, the respondent officer ——supply the investigating supervisor with a detailed statement concerning the incident, but is not —– to do so.
Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the respondent officer, the statement shall be returned to the officer upon demand.
No copies of the statement shall be retained by any other member of the Service, following
may
compelled
Interprovincial Policing
Under ss. 58.1 of the PSA on receipt of a complaint made against a Toronto Police Service officer in another province or territory, who has been appointed to act as a police officer in that province or territory, the complaint —–be forwarded
to the OIPRD.
shall
Member
1. Members shall provide information and ——to anyone requesting information on how to submit an external complaint.
2. When receiving a complaint at a place other than a Service facility shall
—-the person to attend
any Service facility that is accessible to members of the public, and/or
the OIPRD —, or
the OIPRD ——-
immediately contact a ——
assistance
direct
office
website
supervisor
Member
- When a complaint is received at a Service facility shall immediately refer the complainant to the ———.
- When notified by a supervisor of being a witness to an external conduct complaint involving a police officer shall, within——- days, or as otherwise directed
provide a copy of
all relevant —–
all memorandum book entries for the relevant tours of duty
prepare a ——- containing all information related to the circumstances of the complaint and forward to the ———-
attend an investigative interview and respond to all questions posed that are related to the complaint in question
Officer in Charge
ten (10) calendar
documents
TPS 217
investigating supervisor
Police Officer
- When notified by a supervisor of being the respondent officer to an external conduct complaint involving a non–criminal allegation shall, within —–days, or as otherwise directed
provide a copy of
all relevant documents
all memorandum book entries for the relevant tours of duty
prepare a TPS 217 containing all information related to the circumstances of the complaint and forward to the investigating supervisor
attend an investigative interview and ——to all questions posed that are related to the complaint in question
(10) calendar
respond
Police Officer
- When notified by a supervisor of being the respondent officer to an external conduct complaint involving a criminal allegation
shall, within ——– days, or as otherwise directed
provide a copy of
‒ all relevant documents
‒ all memorandum book entries for the relevant tours of duty
attend an investigative interview and —– choose to respond to all questions posed that are related to the
complaint in question
—–choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint
and forward to the investigating supervisor
ten (10) calendar
may
may
Police Officer
- When a conduct complaint has been resolved by a local resolution the respondent officer shall —the Local Resolution Agreement 004-0301 OIPRD.
- When a conduct complaint has been resolved by an informal resolution the respondent officer shall sign the Informal Resolution Agreement ———.
No statement made during an attempt at a local or informal resolution of a complaint is ——in a civil proceeding, including one held under the PSA, except with the ———of the person who made the
statement.
sign
004-0307 OIPRD
admissible
consent
Supervisor
9. When becoming aware of an OIPRD complaint, and having established the substance and nature of the complaint
shall
provide the complainant with an OIPRD ——— and information about the OIPRD complaint process
attempt to resolve the complaint by way of a —-resolution
10.Upon receipt of a completed OIPRD complaint form and having reviewed and established the substance and nature
of the complaint shall
fax the form, including any attachments, to the ——, or
attempt to resolve the complaint by way of a local resolution
form/brochure
local
OIPRD
Supervisor
11.When a complainant is unable to communicate in writing, or due to any disability is unable to attend a Service facility shall make every effort to assist the complainant in completing the form.
12.Where the circumstances of a complaint suggest an ———investigation is warranted shall, in addition to receiving the complaint, notify ——- Unit Commander, or if absent, the ———–
immediate
the Officer in Charge,
Duty Senior Officer – Toronto Police Operations Centre.
Supervisor
3.When attempting to facilitate a local resolution
may utilize the following options
‒ discuss the matter with the ——-, and/or
‒ discuss the matter with the respondent officer, and/or
‒ facilitate a discussion between the respondent officer and the complainant, and/or
‒ facilitate an ———- from the respondent officer, and/or
‒ refer the matter to ——-which is a third party, off-site meeting, if the complainant, respondent officer and ———of the OIPRD consent
shall record the particulars of the complaint and actions taken in the memorandum book
shall complete a TPS 649 with reasons and forward to the ———– for further assignment to an
investigating supervisor, if a local resolution cannot be immediately resolved
The thirty (30) calendar day period for resolving a local resolution may be extended for an
additional ——– days, upon consent of the OIPRD.
14.When a local resolution has been achieved shall
record the particulars of the complaint and actions taken in the memorandum book
complete the Local Resolution Agreement 004-0301 OIPRD and submit to the Unit Commander
complainant
apology
mediation
Director
Unit Commander
thirty (30) calendar
Unit Complaint Coordinator
15.The investigating supervisor shall review the Unit Complaint Co–ordinator (UCC) e-mail ——for notice of new complaints, if applicable.
16.When required to investigate an OIPRD conduct complaint shall initially establish the substance and nature of the complaint.
17.When determining that an OIPRD conduct complaint may be resolved by an informal resolution
may utilize the following options
‒ discuss the matter with the complainant, and/
‒ discuss the matter with the respondent officer, and/or
‒ facilitate a discussion between the respondent officer and the complainant, and/or
‒ facilitate an apology from the respondent officer, and/or
‒ refer the matter to mediation, if the complainant, respondent officer and Director of OIPRD consent
shall record the particulars of the complaint and actions taken in the memorandum book
An Investigative Report 004-0309 OIPRD is —– required when facilitating an informal resolution.
daily
not
When an informal resolution has been achieved shall
record the particulars of the complaint and actions taken in the memorandum book
complete the Informal Resolution Agreement ———-OIPRD and submit to the Unit Commander
004-0307
When determining that an OIPRD conduct complaint cannot be resolved by an informal resolution shall
provide the respondent officer with a ———-outlining the substance of the complaint
record the particulars of the notification to the officer in their memorandum book, if applicable
consult with—————— regarding an alleged violation of a prohibited ground under the Human Rights Code
TPS 649
Equity, Inclusion & Human Rights
UCC / Supervisor
conduct an investigation and maintain detailed notes
ensure all evidence is collected in compliance with Procedure 04–21
if applicable, direct the respondent and witness officers to
‒ provide a ——–, and/or
‒ —–an investigative interview
direct the officers to provide additional information as required
notify the ———– of all side issues, where they exist, and initiate a separate TPS 901 for each, and
comply with Procedure 13–03 as appropriate
liaise with ———— to ensure the timely conclusion of complaint investigations
complete a ——–Day Investigation Status Update Form 004——– OIPRD and submit electronically within ———– days to the OIPRD Liaison Officer
prepare an Investigative Report 004—— OIPRD and submit electronically within ——–to the ——–
TPS 217
attend
Unit Commander
PRS – Complaints Administration
forty five (45)
0306
thirty five (35) calendar
0309
ninety (90) days
Unit
Commander
22.When a customer service resolution has been achieved shall
record the particulars of the complaint and actions taken in the memorandum book
complete the appropriate forms provided by —–
submit the completed forms to ———-
PRS – Complaints Administration
PRS – Complaints Administration
23.When due to the size or complexity of an investigation, that the investigation will not be concluded within the ———- day time period mandated by the OIPRD, shall consult with the ——– and complete an OIPRD Time Extension Request.
ninety (90) calendar
OIPRD Liaison Officer
OIPRD Liaison Officer – Professional Standards
25.Upon receipt of an OIPRD conduct complaint shall
determine which unit will be responsible for investigating the complaint
forward to the Unit Commander of the unit assigned
advise the complainant which unit has been assigned to the investigation
26.Upon receipt of a completed Local Resolution Agreement (004-0301 OIPRD) shall forward it electronically to the
OIPRD.
27.Upon receipt of a completed Informal Resolution Agreement (004-0307 OIPRD) shall
forward the report electronically to the OIPRD
ensure the data is entered in the Professional Standards Information System (PSIS)
28.Upon receipt of a completed Investigative Report 004-0309 OIPRD shall
consult with Equity, Inclusion & Human Rights if the complaint involves an alleged violation of a prohibited ground
under the Human Rights Code
adjudicate to determine if the complaint is substantiated or unsubstantiated and/or serious or less serious
forward the Investigative Report 004-0309 OIPRD electronically to the OIPRD and a copy to the complainant
notify the complainant in writing that the complaint is substantiated or unsubstantiated
advise the complainant that they have the right, within thirty (30) calendar days, to request a review of the decision to the OIPRD
29.When notified by the OIPRD that a complaint file is closed shall advise the respondent officer’s Unit Commander of the determination.
30.When advised of an OIPRD conduct complaint which, due to its complexity, or where the reputation of the Service may
be severely impacted in a negative manner, shall consult with the Unit Commander – Professional Standards.
45-Day Status Update Form (——OIPRD) means a form outlining the status of the investigation to the Office of the Independent Police Review (OIPRD).
004-0306
Alternative Dispute Resolution means mediation, ——–, negotiation or any other means of facilitating the resolution of issues in dispute by a third party off site meeting
conciliation
Attachments in reference to complaints administration means correspondence, other than the —– or —–associated to a given complaint, which would include internal correspondence, facsimile, a letter written by the complainant, or any other relevant document
TPS 901 or OIPRD form
Civilian Member means any Service employee who is not a police officer, including employees classified as:
permanent;
temporary;
part–time;
————;
participants in the ———education program.
summer help
co–operative
Customer Service Resolution means an Office of the Independent Police Review Director (OIPRD) process to handle complaints prior to engaging the —–process. All matters suitable for a Customer Service Resolution will be referred to ——– by the OIPRD. These matters can be resolved by an agreement between all parties in lieu of a complaint being ——–by the OIPRD. No record of a customer service resolution shall be placed in a police officer’s personnel file
screening
Professional Standards
formalized
.
External Complaint means an allegation made by a member of the public:
in writing and ——-on the Office of the Independent Police Review Director (OIPRD) form; and,
delivered to any Toronto Police Service (Service) facility or the OIPRD personally or by an agent, by mail, facsimile
or by electronic mail (e–mail); and,
must concern the ———-of, or the services provided by the Service or the conduct of a police officer; and,
——–by the OIPRD.
signed
policies
classified
Informal Resolution (External) in reference to external complaints means where the conduct is deemed ——serious and can be resolved through agreement from all parties ——-an OIPRD complaint has been lodged.
less
after
Investigating Supervisor in reference to complaints means a ————- assigned to investigate a complaint and includes a ———————-
supervisor
Unit Complaint Co–ordinator (UCC).
Less Serious Complaint Allegation means the conduct is not of a ——- nature.
serious
Local Inquiry means when a local resolution process has commenced but is not —–, (e.g., complainant refuses to complete/——- a local resolution form).
completed
sign
Local Resolution means the agreement that is reached between all parties when an external complaint is made —–to a police officer in lieu of being lodged with the Office of the Independent Police Review Director (OIPRD). No record of a local resolution shall be placed in a police officer’s personnel file.
directly
Office of the Independent Police Review Director (OIPRD) means an independent —–agency responsible for receiving, managing and overseeing all public complaints about the police in Ontario in accordance with the————.
civilian
Police Services Act
Office of the Independent Police Review Director (OIPRD) Liaison Officer means a —- of the Toronto Police Service designated by the Chief of Police to act as the liaison with the OIPRD relating to conduct investigations and adjudications.
Senior Officer
———— (OCPC) means an independent oversight agency and is the —–body for decisions made at police disciplinary proceedings
appeal
Ontario Civilian Police Commission
Party to a Complaint includes:
a ——– making a complaint under Part V of the Police Services Act
a police officer who is a ———officer in a complaint filed by a member of the public under Part V of the Police Services Act
the ——- of the police service to which the complaint relates
or
in the case of a complaint against the Chief of Police, the Police Services Board of the police service to which the complaint relates, and
may include —–person added as a party by the Office of the Independent Police Review Director (OIPRD).
person
witness
Chief of Police
any
Report of Investigation (004-0309 OIPRD) in reference to complaints means a report outlining the circumstances and investigative —–of a complaint in the prescribed format as defined by the Office of the Independent Police Review
Director (OIPRD).
results
Respondent Officer means a police officer who is the ———–of a complaint filed by a member of the public under Part V of the Police Services Act, and may include a Chief of Police or Deputy Chief of Police.
subject
Serious Complaint Allegation means a matter that, at the discretion of the Chief of Police, is of public interest to be dealt with as a complaint under Part V of the Police Services Act. A serious complaint, if substantiated, must go to a ———–hearing
disciplinary
Side Issue in reference to complaints means an issue identified during the course of the investigation concerning the policies or the services provided by the Toronto Police Service or the conduct of a police officer or a civilian member, which is not part of the ——-complaint.
original
Substantiated in reference to complaints means, based on the results of the investigation, there are reasonable grounds to believe the conduct of a police officer or civilian member constitutes ———–
misconduct
Unsubstantiated in reference to complaints means a matter where:
- ———–evidence exists to support the allegation
- evidence exists that, if believed, would —–constitute misconduct
- the ———-of the police officer involved cannot be established.
insufficient
not
identification
