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 the intake and management of
* internal complaints against all civilian members; and
* external complaints against any civilian member who is not an internal special constable.
This procedure also outlines the way in which corrective discipline may be used for all civilian members.

This procedure does not pertain to external special constables. Complaints against external special constables are managed by the appropriate employer, per Ontario Regulation (O. Reg.) 411/23 under the Community Safety and Policing Act (CSPA), 2019. Members may receive an external complaint against an external special constable and promptly forward it to the Special Constable Liaison Office for administration.

Question 2

Procedure

The conduct of civilian members is governed by the Service Standards of Conduct, and additionally section 195 of the CSPA for internal Special Constables. Discipline matters for all civilian members are governed by the r

Answer 2

espective Collective Agreement, and additionally O. Reg. 411/23 for internal Special Constables.

Question 3

Members of the Toronto Police Service (Service) may initiate an internal 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; or
• 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

The following outlines the available complaint outcomes and disciplinary actions available for all civilian members:

Answer 4

Outcomes Available:

• unsubstantiated
• substantiated
• internal informal resolution

Disciplinary Actions Available:

• verbal reprimand
• written reprimand
• suspension without pay*
• suspension without pay pending recommendation for termination

Question 5

Progressive Discipline

In accordance with the principles of progressive discipline, assessed disciplinary penalties SHALL increase for

Answer 5

subsequent offences and subsequent penalties SHALL not regress in severity. However, in exceptional circumstances, and only following consultation with and advice from Labour Relations, the same or a lesser penalty may be assessed. To promote consistency and fairness, Unit Commanders SHALL consult with Labour Relations regarding discipline standards.

Question 6

Human Rights

Discriminatory and harassing behaviour is offensive, degrading and illegal under the

Answer 6

Ontario Human Rights Code (Human Rights Code). Section 1.9, entitled “Fairness, Discrimination and Harassment” of the Standards of Conduct, prohibits discriminatory behaviour.

Question 7

Confidentiality

The identities of persons involved in the disclosure of misconduct, including persons who make disclosures, witnesses, and persons alleged to be responsible for the misconduct, SHALL be

Answer 7

protected unless the interests of fairness require that a person’s identity be disclosed.

Question 8

Notification to Member

A member who is the subject of a conduct complaint SHALL receive notification regarding the substance of the reason for the investigation on a TPS 649, unless to do so may prejudice an investigation. The notice SHALL be provided promptly when:

Answer 8

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

Question 9

Statements Pertaining to an Internal Complaint

Upon request, members SHALL be afforded the opportunity to confer with and/or have present during an interview, _______. This benefit does not apply if in the opinion of the investigative supervisor, waiting for _____would cause an unreasonable delay in the investigation.

Answer 9

legal counsel and/or a representative of the Association (Toronto Police Association and/or Senior Officers Organization)

legal counsel or a representative of the Association

Question 10

Statements Pertaining to an Internal Complaint

The timelines and authority for providing a statement pertaining to a conduct complaint is subject to

Answer 10

the mandate of the Special Investigations Unit (SIU) being invoked.

Question 11

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Witness)

Where a civilian member is designated as a witness member in a conduct complaint involving a criminal allegation, the member SHALL

Answer 11

supply the investigating supervisor with a detailed statement concerning the incident, as required.

Question 12

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Witness)

Where a witness member has previously supplied a statement regarding a conduct complaint involving a criminal allegation and is subsequently designated as the respondent/subject member, the statement SHALL be

Answer 12

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

Question 13

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent)

Where a civilian member is designated as a respondent/subject member in a conduct complaint involving a criminal allegation, the member may supply the investigating supervisor with a

Answer 13

detailed statement concerning the incident but is not compelled to do so.

Question 14

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent)

Where a witness member has previously supplied a statement regarding a conduct complaint involving a criminal allegation and is subsequently designated as the respondent/subject member, the statement SHALL be

Answer 14

returned to the respondent/subject member upon demand. No copies of the statement shall be retained by any other member of the Service, following the demand.

Question 15

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent)

Upon request, members SHALL be afforded the opportunity to confer with and/or have present during an interview, ____. This benefit does not apply if, in the opinion of the investigating supervisor, waiting for _____would cause an unreasonable delay in the investigation.

Answer 15

legal counsel and/or a representative of the Association

legal counsel or a representative of the Association

Question 16

Member

1. Members SHALL provide information and assistance to anyone requesting

Answer 16

information on how to submit an external complaint.

Question 17

Member

2. When receiving an external complaint at a place other than a Service facility SHALL

Answer 17

• immediately notify a supervisor
• direct the person to attend any Service facility that is accessible to members of the public

Question 18

Member

3. When receiving an external complaint at a Service facility SHALL immediately

Answer 18

refer the complainant to the Officer in Charge.

Question 19

Member

4. When notified by a supervisor of being a witness to an external complaint involving a civilian SHALL, within ten (10) calendar days, or as otherwise directed

Answer 19

• provide a copy of
  o all memorandum book entries for the relevant tours of duty
  o all relevant documents
• prepare a TPS 217 containing all information related to the circumstances of the complaint and forward to the investigating supervisor
• attend an investigative interview and respond to all questions posed that are related to the complaint in question
• confer with an Association representative and/or have Association representation, if so desired

Question 20

Civilian Member

5. When notified by a supervisor of being the respondent/subject member of an internal or external complaint involving a non-criminal allegation SHALL, within ten (10) calendar days, or as other wise directed

Answer 20

• provide a copy of
  o all memorandum book entries for the relevant tours of duty, if applicable
  o all relevant documents
• prepare a TPS 217 containing all information related to the circumstances of the complaint and forward to the investigating supervisor
• attend an investigative interview and respond to all questions posed that are related to the complaint in question
• confer with an Association representative and/or have Association representation, if so desired

Question 21

Civilian Member

6. When notified by a supervisor of being the subject of an internal or external complaint involving a criminal allegation
   * SHALL, within ten (10) calendar days, or as otherwise directed

Answer 21

o provide a copy of
o all memorandum book entries for the relevant tours of duty, if applicable
o all relevant documents
o attend an investigative interview and may choose to respond to all questions posed that are related to the complaint in question
* may choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint and forward to the investigating supervisor
* SHALL confer with an Association representative and/or have Association representation, if so desired

Question 22

Civilian Member

7. When a conduct complaint has been resolved informally the respondent/subject member SHALL

Answer 22

sign the applicable section of the TPS 901.

Question 23

Civilian Member

8. Upon receipt of a TPS 931 with respect to an internal or external complaint against a civilian member

Answer 23

• SHALL be provided the opportunity to confer with an Association representative and/or to have Association representation, as applicable
• may choose to respond to the disciplinary action in writing within ten (10) working days

Question 24

Supervisor

9. When becoming aware of a complaint from a member of the public SHALL

Answer 24

• establish the substance and nature of the complaint
• when the circumstances of the complaint suggest an immediate investigation/action is warranted SHALL
  o receive the complaint
  o comply with Procedure 13-16, if required
  o notify the Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations Centre
• comply with Procedures 13-02 and 13-21, as necessary, if involving a police officer or internal special constable as the respondent/subject member
• make every effort to assist the complainant in completing the complaint submission where they are unable to communicate in writing or are otherwise unable to attend a Service facility.

Question 25

Supervisor 10. When initiating an internal complaint against a civilian member or receiving an external complaint against any civilian member other than an internal special constable SHALL

Answer 25

* complete a TPS 901 and * forward the TPS 901, including any attachments, to the respondent/subject member’s Unit Commander

Question 26

Supervisor 11. When receiving an external complaint against an external special constable SHALL

Answer 26

forward the complaint to the Special Constable Liaison Office.

Question 27

Investigating Supervisor 12. When required to investigate an internal complaint against a civilian member or an external complaint against any civilian member other than an internal special constable SHALL

Answer 27

* initially establish the substance and nature of the complaint * provide the respondent/subject member with a TPS 649 outlining the substance of the reason for the investigation, except where notice might prejudice the investigation * record the particulars of the notification to the member in the “Log Notes” of the TPS 901 or in their memorandum book, if applicable * conduct an investigation and maintain detailed notes * if information or evidence comes forward that may cause the Special Investigations Unit (SIU) to invoke its mandate SHALL o notify the Officer in Charge o not proceed with the external complaint investigation until so directed by the Unit Commander * ensure the subject and witness members have been provided the opportunity to o provide a TPS 217 o attend an investigative interview * direct the respondent/subject member and witness member(s) to provide additional information when required * consult with Equity, Inclusion & Human Rights regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code * notify the Unit Commander of all side issues where they exist o initiate a separate TPS 901 for each, as necessary o comply with Procedures 13–03 and 13-21, as necessary * liaise with PRS – Complaints Administration to ensure the conclusion of the complaint investigation within one hundred twenty (120) calendar days * Where the investigation will not be completed within one hundred twenty (120) days send a status update to PRS-Complaints Administration every thirty (30) days until the investigation is concluded. * prepare an investigative report and submit, along with any recommendations, to the Unit Commander * provide training to members on the civilian complaint process, if applicable

Question 28

Investigating Supervisor 13. When a complainant wishes to withdraw an internal complaint against a civilian member or an external complaint against any civilian member other than an internal special constable SHALL

Answer 28

* 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 29

Unit Commander 14. Upon being advised of a complaint against a civilian which, due to its complexity or where the reputation of the Service may be severely impacted in a negative manner, SHALL

Answer 29

consult with the Unit Commander – Professional Standards (PRS).

Question 30

Unit Commander 15. When advised that the SIU mandate is or may be invoked in relation to an external complaint SHALL ensure

Answer 30

* the Unit Commander – PRS is notified

Question 31

Unit Commander 16. When notified of a civilian member who is the subject of an internal or external complaint SHALL

Answer 31

* comply with Procedure 13–10 when immediate suspension is required * ensure a TPS 901 is initiated and immediately forwarded with any attachments to PRS – Complaints Administration

Question 32

Unit Commander 17. Upon receipt of a TPS 901 from PRS – Complaints Administration involving a civilian member who is the subject of an internal or external conduct complaint SHALL

Answer 32

* ensure o Labour Relations is consulted, as necessary o an investigating supervisor is assigned to investigate the complaint * consider consulting with Equity, Inclusion & Human Rights regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code

Question 33

Unit Commander 18. When notified that a side issue has been identified SHALL ensure

Answer 33

the TPS 901 is forwarded to PRS – Complaints Administration

Question 34

Unit Commander 19. Upon receipt of a completed investigative report SHALL

Answer 34

* review the investigative report and any recommendations from the investigating supervisor * consider consulting with Equity, Inclusion & Human Rights regarding allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code * adjudicate to determine if the complaint is unsubstantiated or substantiated

Question 35

Unit Commander 20. When determining that the complaint is unsubstantiated SHALL notify

Answer 35

the respondent/subject member of the decision on a TPS 649.

Question 36

Unit Commander 21. When determining that the complaint is substantiated SHALL

Answer 36

* attempt an informal resolution, if the misconduct is minor, or * impose disciplinary action

Question 37

Unit Commander 22. When resolving the conduct complaint informally SHALL ensure

Answer 37

* details of the internal informal resolution are recorded on the TPS 901 * the subject member signs the TPS 901 * the TPS 901 is forwarded to PRS – Complaints Administration * if the complaint contains allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code, a copy of the TPS 901 is forwarded to Equity, Inclusion & Human Rights

Question 38

Unit Commander 23. When imposing disciplinary action SHALL ensure

Answer 38

* Labour Relations is consulted regarding discipline standards, as necessary * applicable TPS 901 and TPS 217 forms have been completed * The TPS 901 and TPS 217 SHALL be completed prior to completing a TPS 931 * a TPS 931 is completed * the member is provided the opportunity to have Association representation, as applicable * a copy of the TPS 931 is provided to the member * the TPS 901, TPS 931 and investigative file are forwarded to the involved member’s Staff Superintendent/Director * a copy of the TPS 901, TPS 931 and investigative file are forwarded to the Unit Commander – Labour Relations * if the complaint contains allegations of workplace harassment or discrimination, including any allegation related to a prohibited ground under the Human Rights Code, a copy of the TPS 901 and TPS 931 are forwarded to Equity, Inclusion & Human Rights

Question 39

Unit Commander 24. When a completed TPS 931 is returned from PRS – Complaints Administration SHALL ensure

Answer 39

* the original is placed in the member's unit personnel file * appropriate entries are made in the Time Resource Management System (TRMS), if applicable

Question 40

Unit Commander 25. When notified of the withdrawal of a complaint SHALL

Answer 40

* request the complainant complete the withdrawal portion of the TPS 901 * review the TPS 649 outlining the circumstances of the withdrawal * determine whether further action is required

Question 41

Unit Commander 26. When determining that further action is required regarding a complaint withdrawal SHALL

Answer 41

forward the TPS 901 to the Investigating Supervisor.

Question 42

Unit Commander 27. When determining that no further action is required regarding a complaint withdrawal SHALL

Answer 42

forward the TPS 901 to PRS – Complaints Administration.

Question 43

Special Constable Liaison Office 28. When in receipt of an external complaint against an external special constable SHALL

Answer 43

forward the complaint to Professional Standards – Complaints Administration for classification.

Question 44

Definitions 13-09 Substantiated in reference to complaints means,

Answer 44

based on the results of the investigation, there is sufficient evidence to believe the conduct of a Service member constitutes misconduct.

Question 45

Unsubstantiated in reference to the civilian complaint and discipline process means a matter where:

Answer 45

* insufficient evidence exists to support the allegation * evidence exists, and if believed, would not constitute misconduct/ substantiated complaint * the identity of the respondent/subject member cannot be established.