13-06 Appendix A - CSPA - Police Officer Complaint Withdrawal Flashcards
What is the Rationale?
This Appendix directs on police officer misconduct matters occurring April 01, 2024, onwards, in compliance with the Community Safety and Policing Act (CSPA).
The Community Safety and Policing Act (CSPA) allows for a complainant to withdraw a complaint. This appendix outlines the process for the withdrawal of internal and external complaints.
Withdrawing a Complaint before Conclusion of the Investigation
When a complainant wishes to withdraw an internal complaint, or a part thereof, the withdrawal must be in
writing and signed by the complainant. The Chief of Police (Chief) may continue to deal with the complaint if the Chief considers it appropriate to do so.
Withdrawing a Complaint before Conclusion of the Investigation
When a complainant wishes to withdraw an external complaint, the withdrawal must be provided to the
Law Enforcement Complaints Agency (LECA) director. The LECA may continue to deal with the complaint or continue with its investigation despite the withdrawal, if in the public interest to do so.
Withdrawing a Complaint before Conclusion of the Investigation
When it has been decided that an investigation will continue even though the complaint has been withdrawn, the subject member SHALL
be notified in writing of the decision to continue with the investigation.
Withdrawing a Complaint After Conclusion of the Investigation
When a complainant wishes to withdraw an internal complaint after the investigation has concluded, the withdrawal must be
in writing and signed by the complainant. Consent of the Chief of Police is required to confirm the withdrawal. If misconduct was substantiated, any disciplinary or other measures may be imposed despite the withdrawal.
Withdrawing a Complaint After Conclusion of the Investigation
When a complainant wishes to withdraw an external complaint after the investigation has concluded, the withdrawal must be
provided to the LECA director. If misconduct was substantiated, any disciplinary or other measures may be imposed despite the withdrawal.
Withdrawing a Complaint After Conclusion of the Investigation
When it has been decided that an investigation will continue even though the complaint has been withdrawn, the subject member SHALL
be notified in writing of the decision to continue with the investigation.
Procedure
Investigating Supervisor
- When recommending that an internal complaint be withdrawn SHALL
- complete a TPS 649 outlining the circumstances of the withdrawal and forward to the Unit Commander
- ensure the complainant has completed the withdrawal portion of the TPS 901, if applicable
- notify the Unit Commander of all side issues, where they exist, and initiate a separate TPS 901 for each.
Procedure
Investigating Supervisor
- When a complainant wishes to withdraw an external complaint prior to the commencement of a misconduct hearing SHALL
- complete the prescribed LECA form and forward to the Unit Commander
- provide the complainant and the respondent/subject member with a copy of the complaint withdrawal
Unit Commander – Respondent/Subject Member
- When notified of an internal conduct complaint withdrawal SHALL
- review the TPS 649 outlining the circumstances
- ensure the complainant has completed the withdrawal portion of the TPS 901, if applicable
- determine whether further action is required
- if further action is required, forward the TPS 901 to the Investigating Supervisor
- if further action is not required, forward the TPS 901 to Professional Standards (PRS) – Complaints Administration
Unit Commander – Respondent/Subject Member
- When notified of an external conduct complaint withdrawal SHALL
- review the circumstances of the withdrawal
- ensure the complainant has completed the prescribed LECA form
- ensure the LECA form is forwarded electronically to the LECA Liaison Officer
- determine whether further action is required
- if further action is required, forward the TPS901 to the investigating Supervisor
- if further action is not required, forward the TPS 901 to Professional Standards (PRS) – Complaints Administration
Unit Commander – Respondent/Subject Member
- When notified that a side issue has been identified SHALL
- ensure the TPS 901 is forward to PRS – Complaints Administration for classification and assignment
