13-03 Appendix A - CSPA - Police Officer Internal Complaint Process Flashcards
Notification to a Police Officer
A police officer who is the respondent/subject member of an internal complaint SHALL receive notification regarding the substance of the reason for the investigation on a TPS 649, unless to do so may prejudice an investigation.
The notice SHALL be provided promptly when:
there is evidence to support an allegation
* the evidence, if believed, would constitute misconduct / a substantiated complaint; and
* a respondent/subject member has been identified.
Procedure
Member
- When notified by a supervisor of being a witness to an internal complaint involving a police officer SHALL, within 10 calendar days, or as otherwise directed
- provide a copy of
o all memorandum book entries for the relevant tours of duty
o all relevant documents - 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 respond to all questions posed that are related to the complaint in question
- confer with an Association representative and/or have Association representation, if so desired
Police Officer
- When notified by a supervisor of being the respondent/subject member of an internal complaint involving a non–criminal allegation SHALL, within 10 calendar days, or as otherwise directed
- provide a copy of
o all memorandum book entries for the relevant tours of duty
o all relevant documents - 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 respond to all questions posed that are related to the complaint in question
- confer with an Association representative and/or have Association representation, if so desired
Police Officer
- When notified by a supervisor of being the respondent/subject member of an internal complaint involving a criminal allegation
- SHALL, within 10 calendar days, or as otherwise directed
o provide a copy of
o all memorandum book entries for the relevant tours of duty
o all relevant documents
o attend an investigative interview and may choose to respond to all questions posed that are related to the complaint in question - may choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint and forward to the investigating supervisor
- SHALL confer with an Association representative and/or have Association representation, if so desired
Police Officer
- When an internal complaint has been resolved informally the respondent/subject member SHALL
sign the applicable section of the TPS 901.
Supervisor
- When initiating an internal complaint against a police officer SHALL
- establish the substance and nature of the complaint
- when the circumstances of the complaint suggest an immediate investigation/action is warranted SHALL
o notify the Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations Centre - complete a TPS 901 and immediately forward to the respondent/subject member’s Unit Commander.
Investigating Supervisor
- When required to investigate an internal complaint SHALL
- provide the respondent/subject member with a TPS 649 outlining the substance of the reason for the investigation, except where notice might prejudice the investigation
- record the particulars of the notification in their memorandum book, if applicable
- conduct an investigation and maintain detailed notes
- if applicable, direct the respondent/subject member and witness member(s) to
o provide a TPS 217 and/or
o attend an investigative interview - if information or evidence comes forward that may cause the Special Investigations Unit (SIU) to invoke its mandate SHALL
o notify the Officer in Charge
o not proceed with the internal complaint investigation until so directed by the Unit Commander - consult with Equity, Inclusion & Human Rights regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code
- direct the respondent/subject member and witness member(s) to provide additional information, as required
- notify the Unit Commander of all side issues where they exist and initiate a separate TPS 901 for each, as necessary
- liaise with PRS – Complaints Administration to ensure the conclusion of the complaint investigation within one hundred twenty (120) calendar days
- where the investigation will not be completed within one hundred twenty (120) days send a status update to PRS-Complaints Administration every thirty (30) days until the investigation is concluded.
- prepare an investigative report and submit, along with any recommendations, to the Unit Commander
- provide training to members on the complaint process, if applicable
Unit Commander
- The Unit Commander SHALL
- appoint a police officer with the minimum rank of sergeant/detective as the Unit Complaint Coordinator (UCC), if applicable
- ensure a supervisor is assigned to review the UCC e–mail daily for notice of new complaints, if applicable
Unit Commander
- Upon being advised of an internal 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.
Unit Commander
- When advised that the SIU mandate is or may be invoked in relation to an internal complaint investigation SHALL ensure
- the Unit Commander – PRS is notified
Unit Commander
- When notified of a police officer who is the respondent/subject member of an internal complaint SHALL
- comply with procedure when immediate suspension is required
- ensure a TPS 901 is initiated and immediately forwarded with any attachments to PRS – Complaints Administration
Unit Commander
- Upon receipt of a TPS 901 from PRS – Complaints Administration involving a police officer who is the respondent/subject member of an internal complaint SHALL
- ensure
o an investigating supervisor is assigned to investigate the complaint
o an investigative report is completed within 120 days - consider consulting with Equity, Inclusion & Human Rights regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code
Unit Commander
- When notified that a side issue has been identified SHALL
ensure the TPS 901 is forwarded to PRS – Complaints Administration for classification and assignment.
Unit Commander
- Upon receipt of a completed investigative report SHALL
- review the investigative report and any recommendations from the investigating supervisor
- consider consulting with Equity, Inclusion & Human Rights regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code
- adjudicate to determine if the complaint is unsubstantiated or substantiated
Unit Commander
- When determining that the internal complaint is unsubstantiated SHALL ensure
- notification to the respondent/subject member of the decision on a TPS 649
- a copy of the investigative report is provided to the respondent/subject member, unless doing so might prejudice an investigation or prosecution
Unit Commander
- When determining that the internal complaint is substantiated SHALL
forward the investigative report to the Toronto Police Service Professionalism Committee.
Unit Commander
- When the investigation is concluded SHALL ensure
a copy of the investigative report is provided to the respondent/subject member, unless doing so might prejudice an investigation or prosecution.
Unit Commander
- When resolving the internal complaint informally SHALL ensure
- details of the internal informal resolution are recorded on the TPS 901
- the respondent/subject member signs the TPS 901
- the TPS 901 is forwarded to PRS – Complaints Administration
- if the complaint relates to regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code, a copy of the TPS 901 is forwarded to Equity, Inclusion & Human Rights
Unit Commander
- When imposing disciplinary action SHALL comply with
the direction of the Toronto Police Service Professionalism Committee.
Officer in Charge – Professional Standards – Complaints Administration
- Upon receipt of a TPS 901 for classification and assignment SHALL ensure
- that any allegations in the complaint that may constitute criminal conduct are investigated by a member of the Service or of another police service
- compliance with the standards for adequate and effective policing, including the standards with respect to the avoidance of conflicts of interest, per O. Reg. 411/23
- the TPS 901 is forwarded to the Unit Commander of the unit assigned to investigate the complaint
- notice is provided to the Law Enforcement Complaints Agency (LECA), as necessary per O. Reg. 406/23
Officer in Charge – Professional Standards – Complaints Administration
- Upon receipt of notification that a complaint investigation will not be concluded within one hundred and twenty (120) calendar days SHALL
ensure notice of the status of the investigation is provided to the respondent/subject member every thirty (30) days until the investigation is concluded, unless doing so would prejudice the investigation.
Officer in Charge – Professional Standards – Complaints Administration
- Upon receipt of a completed internal complaint investigation resolved informally SHALL
ensure the file is reviewed and retained in accordance with the Records Retention Schedule.
Definitions 13-03 – Appendix A
Prohibited Grounds means
the protected grounds under the Ontario Human Rights Code for which a person cannot discriminate. These include age, ancestry, citizenship, colour, creed, disability, ethnic origin, family status, gender expression, gender identity, marital status (including single status), place of origin, race, receipt of public assistance (in housing only), record of offences (in employment only), sex (including discrimination based on pregnancy and breastfeeding), and sexual orientation.
