13-09 Civilian Complaint and Discipline Process

Question 1

What is the Rationale?

Answer 1

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.

Question 2

Procedure - The conduct of civilian members is governed by __________. Discipline matters relating to civilian members are governed by the respective ______ .

Answer 2

Standards of Conduct – Part II

Collective Agreement

Question 3

Procedure - Members of the Toronto Police Service (Service) may initiate a conduct complaint about a civilian member in the following manner

Answer 3

 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

Question 4

Procedure - The outcomes available in the complaint process for a civilian member are:

Answer 4

 unsubstantiated
 substantiated
 internal informal resolution.

Question 5

Procedure - The disciplinary actions available in a substantiated complaint for a civilian member are:

Answer 5

 verbal reprimand
 written reprimand
 suspension without pay
 suspension without pay pending recommendation for termination.

Question 6

Procedure - Civilian members may not utilize time banks as an alternative to a ____________.

Answer 6

suspension without pay

Question 7

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.

Answer 7

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

Question 8

Procedure - The Toronto Police Services Board and the Service are committed to providing all of its members with a workplace that is

Answer 8

safe and free of discrimination and harassment.

Question 9

Human Rights - Discriminatory and harassing behaviour is_________ under the Ontario Human Rights Code (Human Rights Code).

Answer 9

offensive, degrading and illegal

Question 10

Human Rights - Section 1.9, entitled _________ of the Standards of Conduct, prohibits discriminatory behaviour.

Answer 10

“Fairness, Discrimination and Harassment”

Question 11

Human Rights - Members SHALL refer to Procedure 13–14 for what constitutes an alleged violation of a

Answer 11

prohibited ground under the Human Rights Code and the process for reporting.

Question 12

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.

Answer 12

safe workplace

workplace violence

workplace harassment

Question 13

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.

Answer 13

discreditable conduct which may be criminal in nature or lie entirely within the realm of employee misconduct, or both

anonymity and protection

Question 14

Reprisal - Members SHALL not _______ against any person who makes a report or complaint about their conduct or the conduct of another Service member.

Answer 14

harass, intimidate, or retaliate

Question 15

Reprisal - Any member who, in good faith, reports a _______ SHALL not be subject to reprisal for making such report.

Answer 15

breach of Service or legislative governance or an act of misconduct

Question 16

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.

Answer 16

notification regarding the substance of the complaint

Question 17

Notification to Member - The notice SHALL be provided as soon as is practicably reasonable when

Answer 17

 there is evidence to support an allegation
 the evidence, if believed, would constitute misconduct/ a substantiated complaint
 a subject member has been identified.

Question 18

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

Answer 18

detailed statement concerning the incident, as required.

Question 19

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

Answer 19

returned to the member upon demand. No copies of the statement SHALL be retained by any other member of the Service following the demand.

Question 20

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.

Answer 20

legal counsel or a representative of the Association, as applicable

legal counsel or a representative of the Association

Question 21

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

Answer 21

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.

Question 22

Member - When receiving a complaint at a place other than a Service facility SHALL immediately notify

Answer 22

a supervisor.

Question 23

Member - When receiving a complaint at a Service facility SHALL immediately refer the complainant to the

Answer 23

Officer in Charge.

Question 24

Member - When notified by a supervisor of being….

shall, within ten (10) calendar days, or as otherwise directed
 provide a copy of:

Answer 24

 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

Question 25

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

Answer 25

 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

Question 26

Member - When a conduct complaint has been resolved informally the subject member SHALL sign the

Answer 26

applicable section of the TPS 901.

Question 27

Member - Upon receipt of a TPS 931 with respect to a conduct complaint

Answer 27

 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

Question 28

Supervisor - When initiating an internal conduct complaint or receiving an external conduct complaint against a civilian member SHALL complete a

Answer 28

TPS 901 and immediately forward to the subject member’s Unit Commander.

Question 29

Supervisor - Where the circumstances of the conduct complaint suggest an immediate investigation is warranted SHALL notify the

Answer 29

Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations Centre

Question 30

Investigating Supervisor - When required to investigate an internal or external conduct complaint SHALL

Answer 30

 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

Question 31

Investigating Supervisor - When a complainant wishes to withdraw a conduct complaint SHALL

Answer 31

 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

Question 32

Officer in Charge – Professional Standards – Complaints Administration - Upon receipt of a TPS 901 for classification and assignment SHALL ensure the

Answer 32

TPS 901 is forwarded to the Unit Commander of the unit assigned to investigate the complaint.

Question 33

Officer in Charge – Professional Standards – Complaints Administration - Upon completion of the “Professional Standards Use Only” section of the TPS 931 SHALL ensure

Answer 33

the original is forward to the subject member’s Unit Commander.

Question 34

Definitions - External Complaint – Civilian

Answer 34

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.

Question 35

Definitions - Informal Resolution (Internal)

Answer 35

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.

Question 36

Definitions - Internal Complaint – Civilian

Answer 36

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.

Question 37

Definitions - Investigating Supervisor

Answer 37

in reference to complaints means a supervisor assigned to investigate a complaint and includes a Unit Complaint Coordinator (UCC).

Question 38

Definitions - Member unless otherwise specified,

Answer 38

 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.

Question 39

Definitions - Prohibited Grounds

Answer 39

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.

Question 40

Definitions - Remediation

Answer 40

means the act of correcting a fault or deficiency and is often referred to as a remedy.

Question 41

Definitions - Report of Investigation (Internal)

Answer 41

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.

Question 42

Definitions - Side Issue

Answer 42

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.

Question 43

Definitions - Subject Member

Answer 43

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.

Question 44

Definitions -Substantiated

Answer 44

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.

Question 45

Definitions - Unsubstantiated – Civilian Complaint

Answer 45

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.

Question 46

Definitions - Witness Member

Answer 46

in reference to complaints means a civilian member who is not the subject of a complaint.