13-09 Civilian Complaint and Discipline Process Flashcards
Rationale
A fair and ——-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 —–discipline may be used when other measures have —-.
consistent
corrective
failed
Procedure
The conduct of civilian members is governed by ——- – Part II. Discipline matters relating to civilian
members are governed by the respective——-
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 —–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 —–
Standards of Conduct
Collective Agreement .
649
901
The outcomes available in the complaint process for a civilian member are:
u————–
s———–
internal —————–
unsubstantiated
substantiated
internal informal resolution
informal resolution
The disciplinary actions available in a substantiated complaint for a civilian member are:
———– reprimand
————-reprimand
suspension without pay
suspension without pay pending recommendation for ————.
verbal reprimand
written reprimand
suspension without pay
suspension without pay pending recommendation for termination.
Civilian members may not utilize time banks as an ———to a suspension without pay.
alternative
In accordance with the principles of progressive discipline, assessed disciplinary penalties shall ——— for subsequent offences and subsequent penalties shall not ——in severity. However, in exceptional circumstances, and only following
consultation with and advice from ———, the same or a lesser penalty may be assessed. Notwithstanding the general principle, a ——— may commence progressive discipline by imposing a higher level of discipline where the circumstances warrant a more severe penalty. To promote consistency and fairness, Unit Commanders shall consult with ———- regarding discipline standards
increase
regress
Labour Relations
Unit Commander
Labour Relations
Reporting of Discreditable Conduct
Section 1.3 of the ——– directs members to report acts of discreditable conduct which may be criminal in nature or lie entirely within the realm of employee misconduct, or both. To provide an avenue for members who want a
degree of anonymity and protection from reprisal shall comply with Procedure 13–18.
Standards of Conduct
Notification to Member
A member who is the subject of a conduct complaint shall receive notification regarding the substance of the complaint on a TPS ——. If notification may prejudice an investigation, it may be delayed.
The notice shall be provided as soon as is practicably reasonable when
there is evidence to ——an allegation
the evidence, if believed, would constitute misconduct/ a ——-complaint
a subject member has been ———
649
support
substantiated
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.
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.
Upon request, members shall be afforded the opportunity to confer with and/or have present during an interview regarding
criminal allegations, legal counsel or a representative of the Association, as applicable. This benefit does not apply if, in
the opinion of the investigating supervisor, waiting for legal counsel or a representative of the Association would cause
an unreasonable delay in the investigation.
already know this
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 ——to attending an investigative interview and may also request
Association representation be —–. Supervisors should ——-members of their ability to obtain Association representation when investigating a complaint.
prior
present
remind
Member
1. When receiving a complaint at a place other than a Service facility shall immediately notify a ——–.
2. When receiving a complaint at a Service facility shall immediately refer the complainant to the ———
3. When notified by a supervisor of being
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
shall, within ——- days, or as otherwise directed
provide a copy of
all relevant documents
all memorandum book entries for the relevant tours of duty
prepare a ——– containing all information related to the circumstances of the complaint and forward to the investigating supervisor
confer with an ———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
supervisor
Officer in Charge.
ten (10) calendar
TPS 217
Association
- When notified by a supervisor of being the subject of an internal or external conduct complaint involving a criminal allegation
shall, within ——–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 ——choose to respond to all questions posed that are related to the complaint in question
have Association representation, as applicable
——choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint
and forward to the investigating supervisor
ten (10) calendar
may
may
Member
When a conduct complaint has been resolved informally the subject member shall sign the applicable section of the ——.
- Upon receipt of a —– 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
— choose to respond to the disciplinary action in writing within ———- days
TPS 901
TPS 931
may
ten (10) working
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 ———.
- Where the circumstances of the conduct complaint suggest an immediate investigation is warranted shall notify the ———, Unit Commander, or if absent, the ————-
Unit Commander
Officer in Charge
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 ——- outlining the nature of the complaint
record the particulars of the notification to the member in the “—–” 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
TPS 649
Log Notes
investigating Supervisor
direct the members to provide additional information when required
notify the ———- of all side issues where they exist, and initiate a separate TPS 901 for each, as appropriate
liaise with ——- to ensure the timely conclusion of complaint investigations
prepare a Report of Investigation, including any recommendations, and submit to the —–
provide training to members on the complaint process, if applicable
10.When a complainant wishes to withdraw a conduct complaint shall
request the complainant complete the withdrawal portion of the —–
prepare a —– outlining the circumstances of the withdrawal
forward all documents to the Unit Commander for determination
Unit Commander
PRS – Complaints Administration
Unit Commander
TPS 901
TPS 649
Officer in Charge – Professional Standards – Complaints Administration
11.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.
12.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.
awareness
External Complaint – Civilian in reference to the civilian complaint and discipline process means an allegation made by a member of the —-concerning the conduct of a civilian member.
public
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
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 ——or the services provided by the Toronto Police
Service.
policies
Member unless otherwise specified,
for the purposes of the ——– means any police officer, or any civilian member, or any auxiliary
member;
for the purposes of the ——– means any police officer, or any civilian member.
Standards of Conduct
Service Procedures
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 ——-), place of origin, race, receipt of public assistance (in
—— only), record of offences (in ——only), sex (including discrimination based on —— and
———), and sexual orientation.
single status
housing
employment
pregnancy
breastfeeding
Remediation means the act of correcting a —-or deficiency and is often referred to as a remedy
fault
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
Subject Member in reference to the civilian complaint and discipline process means a civilian member who is alleged to have —— in misconduct by an act or omission where a complaint has been made and the member has been so designated by the investigating supervisor.
engaged
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 ———- misconduct.
constitutes
Unsubstantiated – Civilian Complaint in reference to the civilian complaint and discipline process means a matter where:
——–evidence exists to support the allegation
evidence exists, and if believed, would —– constitute misconduct / substantiated complaint
insufficient
not
Witness Member in reference to complaints means a civilian member who is —-the subject of a complaint.
not
