13-09 Civilian Complaint and Discipline Process

Question 1

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 —-.

Answer 1

consistent
corrective
failed

Question 2

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 —–

Answer 2

Standards of Conduct
Collective Agreement .
649
901

Question 3

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

 u————–
 s———–
 internal —————–

Answer 3

 unsubstantiated
 substantiated
 internal informal resolution
informal resolution

Question 4

The disciplinary actions available in a substantiated complaint for a civilian member are:
 ———– reprimand
 ————-reprimand
 suspension without pay
 suspension without pay pending recommendation for ————.

Answer 4

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

Question 5

Civilian members may not utilize time banks as an ———to a suspension without pay.

Answer 5

alternative

Question 6

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

Answer 6

increase
regress
Labour Relations
Unit Commander
Labour Relations

Question 7

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.

Answer 7

Standards of Conduct

Question 8

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 ———

Answer 8

649
support
substantiated
identified

Question 9

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.

Answer 9

already know this

Question 10

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.

Answer 10

prior
present
remind

Question 11

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

Answer 11

supervisor
Officer in Charge.
ten (10) calendar
TPS 217
Association

Question 12

4. 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

Answer 12

ten (10) calendar
may
may

Question 13

Member

When a conduct complaint has been resolved informally the subject member shall sign the applicable section of the ——.

6. 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

Answer 13

TPS 901
TPS 931
may
ten (10) working

Question 14

Supervisor

7. 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 ———.
8. Where the circumstances of the conduct complaint suggest an immediate investigation is warranted shall notify the ———, Unit Commander, or if absent, the ————-

Answer 14

Unit Commander
Officer in Charge
Duty Senior Officer – Toronto Police Operations Centre

Question 15

Investigating Supervisor

9. 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

Answer 15

TPS 649
Log Notes

Question 16

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

Answer 16

Unit Commander
PRS – Complaints Administration
Unit Commander
TPS 901
TPS 649

Question 17

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.

Answer 17

awareness

Question 18

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.

Answer 18

public

Question 19

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 —–.

Answer 19

informally

Question 20

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.

Answer 20

policies

Question 21

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.

Answer 21

Standards of Conduct
Service Procedures

Question 22

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.

Answer 22

single status
housing
employment
pregnancy
breastfeeding

Question 23

Remediation means the act of correcting a —-or deficiency and is often referred to as a remedy

Answer 23

fault

Question 24

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 ——.

Answer 24

Professional Standards – Complaints
Administration

Question 25

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.

Answer 25

engaged

Question 26

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.

Answer 26

constitutes

Question 27

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

Answer 27

insufficient
not

Question 28

Witness Member in reference to complaints means a civilian member who is —-the subject of a complaint.

Answer 28

not