13-09 Civilian Complaint and Discipline Process Flashcards
What is the Rationale?
A fair and consistent system is required to deal with complaints about the conduct of civilian members of the Toronto Police Service (Service). This Procedure outlines how a complaint concerning a civilian member is received and the way in which corrective discipline may be used when other measures have failed.
Procedure - The conduct of civilian members is governed by __________. Discipline matters relating to civilian members are governed by the respective ______ .
Standards of Conduct – Part II
Collective Agreement
Procedure - Members of the Toronto Police Service (Service) may initiate a conduct complaint about a civilian member in the following manner
members of equal or lesser rank by way of a TPS 649 to the civilian member’s supervisor
a civilian supervisor or supervisory officer that directly manages a civilian member, and any civilian supervisor or
supervisory officer of a higher rank than the civilian member by way of a TPS 901
Procedure - The outcomes available in the complaint process for a civilian member are:
unsubstantiated
substantiated
internal informal resolution.
Procedure - The disciplinary actions available in a substantiated complaint for a civilian member are:
verbal reprimand
written reprimand
suspension without pay
suspension without pay pending recommendation for termination.
Procedure - Civilian members may not utilize time banks as an alternative to a ____________.
suspension without pay
Procedure - In accordance with the principles of progressive discipline, assessed disciplinary penalties SHALL ___________. However, in exceptional circumstances, and only following consultation with and advice from Labour Relations, ____________. Notwithstanding the general principle, a Unit Commander may commence progressive discipline by imposing a ________. To promote consistency and fairness, Unit Commanders SHALL consult with Labour Relations regarding discipline standards.
increase for subsequent offences and subsequent penalties SHALL not regress in severity
the same or a lesser penalty may be assessed
higher level of discipline where the circumstances warrant a more severe penalty
Procedure - The Toronto Police Services Board and the Service are committed to providing all of its members with a workplace that is
safe and free of discrimination and harassment.
Human Rights - Discriminatory and harassing behaviour is_________ under the Ontario Human Rights Code (Human Rights Code).
offensive, degrading and illegal
Human Rights - Section 1.9, entitled _________ of the Standards of Conduct, prohibits discriminatory behaviour.
“Fairness, Discrimination and Harassment”
Human Rights - 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.
Workplace Violence and Harassment -
The Occupational Health & Safety Act (OHSA) legislates that workers are provided a ______. Members SHALL refer to Procedure 08–11 for what constitutes _____ and Procedure 08–12 for what constitutes ________, and the process for reporting either incident.
safe workplace
workplace violence
workplace harassment
Reporting of Discreditable Conduct -
Section 1.3 of the Standards of Conduct directs members to report acts of____________. To provide an avenue for members who want a degree of ______ from reprisal SHALL comply with Procedure 13–18.
discreditable conduct which may be criminal in nature or lie entirely within the realm of employee misconduct, or both
anonymity and protection
Reprisal - Members SHALL not _______ against any person who makes a report or complaint about their conduct or the conduct of another Service member.
harass, intimidate, or retaliate
Reprisal - Any member who, in good faith, reports a _______ SHALL not be subject to reprisal for making such report.
breach of Service or legislative governance or an act of misconduct
Notification to Member -
A member who is the subject of a conduct complaint SHALL receive __________ on a TPS 649. If notification may prejudice an investigation, it may be delayed.
notification regarding the substance of the complaint
Notification to Member - The notice SHALL be provided as soon as is practicably reasonable when
there is evidence to support an allegation
the evidence, if believed, would constitute misconduct/ a substantiated complaint
a subject member has been identified.
Statement Pertaining to Criminal Allegations -
Where a member is designated as a witness member in a conduct complaint involving a criminal allegation, the witness member SHALL supply the investigating supervisor with a
detailed statement concerning the incident, as required.
Statement Pertaining to Criminal Allegations - Where a witness member has previously supplied a statement regarding a conduct complaint involving a criminal allegation and is subsequently designated as the subject member, the statement SHALL be
returned to the member upon demand. No copies of the statement SHALL be retained by any other member of the Service following the demand.
Statement Pertaining to Criminal Allegations - Upon request, members SHALL be afforded the opportunity to confer with and/or have present during an interview regarding criminal allegations, _________. This benefit does not apply if, in the opinion of the investigating supervisor, waiting for_______ would cause an unreasonable delay in the investigation.
legal counsel or a representative of the Association, as applicable
legal counsel or a representative of the Association
Statement Pertaining to Criminal Allegations - Association Representation - Where a member is the subject of a conduct complaint, or a witness to a conduct complaint, members are reminded that they may confer with an Association representative prior to attending an
investigative interview and may also request Association representation be present. Supervisors should remind members of their ability to obtain Association representation when investigating a complaint.
Member - When receiving a complaint at a place other than a Service facility SHALL immediately notify
a supervisor.
Member - When receiving a complaint at a Service facility SHALL immediately refer the complainant to the
Officer in Charge.
Member - When notified by a supervisor of being….
shall, within ten (10) calendar days, or as otherwise directed
provide a copy of:
a witness to an internal or external conduct complaint involving a civilian member; or
the subject of an internal or external conduct complaint involving a non-criminal allegation
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
confer with an Association representative, as applicable
attend an investigative interview and respond to all questions posed that are related to the complaint in question
have Association representation, as applicable
Member - When notified by a supervisor of being the subject of an internal or external conduct complaint involving a criminal allegation
SHALL, within ten (10) calendar days, or as otherwise directed
provide a copy of
all relevant documents
all memorandum book entries for the relevant tours of duty, if applicable
confer with an Association representative, as applicable
attend an investigative interview and may choose to respond to all questions posed that are related to the complaint in question
have Association representation, as applicable
may choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint and forward to the investigating supervisor
Member - When a conduct complaint has been resolved informally the subject member SHALL sign the
applicable section of the TPS 901.
Member - Upon receipt of a TPS 931 with respect to a conduct complaint
SHALL be provided the opportunity
to confer with an Association representative, as applicable
to have Association representation, as applicable
may choose to respond to the disciplinary action in writing within ten (10) working days
Supervisor - When initiating an internal conduct complaint or receiving an external conduct complaint against a civilian member SHALL complete a
TPS 901 and immediately forward to the subject member’s Unit Commander.
Supervisor - Where the circumstances of the conduct complaint suggest an immediate investigation is warranted SHALL notify the
Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations Centre
Investigating Supervisor - When required to investigate an internal or external conduct complaint SHALL
provide the subject member with a TPS 649 outlining the nature of the complaint
record the particulars of the notification to the member in the “Log Notes” of the TPS 901 and in their memorandum book, if applicable
consider consulting Equity, Inclusion & Human Rights during the investigation if the complaint relates to the
Human Rights Code
conduct an investigation and maintain detailed notes
ensure all evidence is collected in accordance with Procedure 04–21
ensure the subject and witness members have been provided the opportunity to
provide a TPS 217
attend an investigative interview
direct the members to provide additional information when required
notify the Unit Commander of all side issues where they exist, and initiate a separate TPS 901 for each, as
appropriate
liaise with PRS – Complaints Administration to ensure the timely conclusion of complaint investigations
prepare a Report of Investigation, including any recommendations, and submit to the Unit Commander
provide training to members on the complaint process, if applicable
Investigating Supervisor - When a complainant wishes to withdraw a conduct complaint SHALL
request the complainant complete the withdrawal portion of the TPS 901
prepare a TPS 649 outlining the circumstances of the withdrawal
forward all documents to the Unit Commander for determination
Officer in Charge – Professional Standards – Complaints Administration - Upon receipt of a TPS 901 for classification and assignment SHALL ensure the
TPS 901 is forwarded to the Unit Commander of the unit assigned to investigate the complaint.
Officer in Charge – Professional Standards – Complaints Administration - Upon completion of the “Professional Standards Use Only” section of the TPS 931 SHALL ensure
the original is forward to the subject member’s Unit Commander.
Definitions - External Complaint – Civilian
in reference to the civilian complaint and discipline process means an allegation made by
a member of the public concerning the conduct of a civilian member.
Definitions - Informal Resolution (Internal)
in reference to internal complaints means if, at the conclusion of the investigation and upon review of the written report, the unit commander is of the opinion that there was misconduct and/or unsatisfactory work performance but that it was not of a serious nature, the unit commander may resolve the matter informally.
Definitions - Internal Complaint – Civilian
in reference to the civilian complaint and discipline process means an allegation from internal sources concerning the conduct of a civilian member, or the policies or the services provided by the Toronto Police Service.
Definitions - Investigating Supervisor
in reference to complaints means a supervisor assigned to investigate a complaint and includes a Unit Complaint Coordinator (UCC).
Definitions - Member unless otherwise specified,
for the purposes of the Standards of Conduct means any police officer, or any civilian member, or any auxiliary member;
for the purposes of the Service Procedures means any police officer, or any civilian member.
Definitions - 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.
Definitions - Remediation
means the act of correcting a fault or deficiency and is often referred to as a remedy.
Definitions - Report of Investigation (Internal)
in reference to complaints means a report outlining the circumstances and investigative results of a complaint in a prescribed format as defined by Professional Standards – Complaints Administration.
Definitions - 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 original complaint.
Definitions - Subject Member
in reference to the civilian complaint and discipline process means a civilian member who is alleged to have engaged in misconduct by an act or omission where a complaint has been made and the member has been so designated by the investigating supervisor.
Definitions -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.
Definitions - Unsubstantiated – Civilian Complaint
in reference to the civilian complaint and discipline process means a matter where:
insufficient evidence exists to support the allegation
evidence exists, and if believed, would not constitute misconduct / substantiated complaint
the identity of the member cannot be established.
Definitions - Witness Member
in reference to complaints means a civilian member who is not the subject of a complaint.
