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.