13-02 Uniform External Complaint Intake / Management Flashcards

1
Q

What is the Rationale?

A

Toronto Police Service (Service) procedures governing the complaint process ensure that parties to a complaint are dealt with in a way that is both fair and impartial. The process is designed to be thorough and administered without unnecessary delay. The Service is committed to ensuring that the complaint process is accountable and transparent both to members of the Service and to the public. The Service SHALL respect the rights of its members and the public it serves.
The public complaint system for police services in Ontario is managed by the Office of the Independent Police Review Director (OIPRD) and provides an independent civilian oversight to policing services. The OIPRD receives and manages all public complaints concerning the conduct of a police officer of the Service, or the policies or the services provided by the Service.
This Procedure outlines the process for the intake and management of external conduct complaints involving police officers.

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2
Q

Procedure - This Procedure outlines the process for the intake and management of external conduct complaints involving police officers. The OIPRD will manage and have carriage of ____. The OIPRD may retain the investigation of an external complaint or direct the ______. The OIPRD will determine final dispositions of all external complaints regardless of who investigates the complaint.

A

all external complaints

Service or another police service to investigate the external complaint on their behalf

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3
Q

Procedure - Every complaint SHALL be acknowledged and recorded on the prescribed

A

OIPRD form.

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4
Q

Procedure - All complaints SHALL be investigated on the merit and substance of the ______. Complainants SHALL not be dissuaded from making a complaint, nor SHALL they be made to feel that there may be any type of ____for filing a complaint.

A

evidence and SHALL not involve an inquiry into the background of the complainant for the sole purpose of undermining the complainant’s credibility

retribution

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5
Q

OIPRD Liaison Officer – Chief of Police Designate -
The OIPRD Liaison Officer will assume all the duties and powers of the Chief of Police in matters respecting an incident under investigation. The OIPRD Liaison Officer will coordinate the Service’s response to the OIPRD. The Chief of Police’s OIPRD Liaison Officer must be a

A

Senior Officer. The Chief of Police has authorized the Inspector – Professional Standards (PRS) – Complaints Administration as the OIPRD Liaison Officer.

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6
Q

OIPRD Liaison Officer – Chief of Police Designate - No member SHALL communicate directly or indirectly with any person from the OIPRD unless

A

directed by the OIPRD Liaison Officer. All inquiries and documents SHALL be directed to the OIPRD Liaison Officer.

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7
Q

Delivery of a Complaint -
Any member of the public may make an external complaint. A complaint SHALL be made on an OIPRD form which can be obtained at any Service facility or at the OIPRD website. The OIPRD form can be submitted

A

 electronically, or
 by mail, or
 by TPS eFax, or
 in person (or agent), or
 by delivering the OIPRD form to any Service facility.

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8
Q

Delivery of a Complaint - Complaints about a police officer from another police service and third party complaints will also be accepted in the above manner. A complainant SHALL be provided with appropriate ______. These forms must be _____.

A

OIPRD forms and/or brochures to complete and return or submit at their discretion

signed by the complainant. The OIPRD will not accept anonymous complaints

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9
Q

Local Resolution -
A local resolution is an agreement between all parties prior to an OIPRD complaint being lodged. It must be resolved within thirty (30) days of the complainant reporting to the police and involve a complaint that meets one of the below criteria:

A

 dealing with personal property, other than money or firearms, or
 failing to treat a person equally, other than violations based upon the prohibited grounds in the Ontario Human Rights Code (Human Rights Code), or
 using profane language, or
 acting in a disorderly manner, or
 neglect of duty, or
 failing to work in accordance with orders, or
 failing to make a report or record entry, or
 conspiring and abetting to commit any of the above, or
 contravening any provision of the Police Services Act (PSA) or its Regulations of a less serious nature.

Local resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form.

No record of a local resolution SHALL be placed in a police officer’s personnel file.

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10
Q

Customer Service Resolution -
A customer service resolution is an agreement between all parties after an external complaint has been lodged with the OIPRD, but not formalized. It must be referred by the OIPRD to Professional Standards (PRS), be resolved within forty five (45) days of the date of notice to PRS, and involve a complaint that meets one of the below criteria:

A

 dealing with personal property, other than money or firearms, or
 failing to treat a person equally, other than violations based upon the prohibited grounds in the Human Rights
Code, or
 using profane language, or
 acting in a disorderly manner, or
 neglect of duty, or
 failing to work in accordance with orders, or
 failing to make a report or record entry, or
 conspiring and abetting to commit any of the above, or
 contravening any provision of the PSA or its Regulations of a less serious nature.
Customer service resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form.
No record of a customer service resolution SHALL be placed in a police officer’s personnel file.

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11
Q

Informal Resolution -
An informal resolution is an agreement between all parties after a complaint has been lodged with the OIPRD and involves conduct that is deemed less serious.
There are two types of informal resolutions:

A
  1. Informal resolution occurs during the investigation
    When a complaint is lodged directly with the OIPRD, the substance and nature of the complaint is not initially established by police. The investigating supervisor may then resolve the complaint by way of an Informal Resolution Agreement (004-0307 OIPRD). An Investigative Report 004-0309 OIPRD is not required.
  2. Informal resolution occurs after the investigation is completed
    After an investigation, when a completed Investigative Report (004-0309 OIPRD) has been forwarded to the OIPRD, the OIPRD may suggest that an informal resolution is an option; which may or may not involve unit level discipline.
    Informal Resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form. No record of an informal resolution SHALL be placed in a police officer’s personnel file.
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12
Q

Human Rights -
The Toronto Police Services Board (Board) and the Service are committed to the delivery of police services that are ________ under the Human Rights Code.
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.

A

fair, respectful and unbiased. Discriminatory and harassing behaviour is offensive, degrading and illegal

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13
Q

Reprisal -
Members SHALL not______ against any person who makes a report or complaint about their conduct or the conduct of another Service member.
Any member who, in good faith, reports a breach of ______ SHALL not be subject to reprisal for making such report.

A

harass, intimidate, or retaliate

Service or Legislative Governance or an act of misconduct

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14
Q

Harassment, Coercion or Intimidation
The PSA includes the following offence provisions:

A

 harassment, coercion or intimidation in relation to a complaint
 intentionally hindering or obstructing or providing false information to the OIPRD or an investigator
 attempts at the above.
This applies to either a police officer or a member of the public. No prosecutions of these offences can be commenced without the consent of the Attorney General.

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15
Q

Notification to a Police Officer -
A police officer who is the respondent of a conduct complaint SHALL receive notification regarding the substance of the complaint on a TPS 649. If notification may prejudice an investigation, it may be delayed.
The notice SHALL be provided forthwith when

A

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

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16
Q

Withdrawal of Complaints -
An OIPRD complaint can be withdrawn. Members SHALL refer to _____ for the process involved in withdrawing an OIPRD complaint.

A

Procedure 13–06

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17
Q

Publication of Disciplinary Hearing Decisions -
Copies of hearing decisions for all external conduct complaints SHALL be submitted to the OIPRD by the ______ These will be posted on the OIPRD website.

A

OIPRD Liaison Officer.

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18
Q

Statements Pertaining to a Conduct Complaint -
Pursuant to the PSA, all police officers involved in a conduct complaint are compelled to submit detailed statements and/or attend an investigative interview and answer questions, unless the member is

A

simultaneously a respondent of a criminal investigation arising out of the same incident. These compelled statements cannot be used against the person making the statement in any criminal proceeding.

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19
Q

Statements Pertaining to a Conduct Complaint - Upon request, police officers SHALL be afforded the opportunity to______. This benefit does not apply if in the opinion of the investigative supervisor, waiting for legal counsel or a representative of the Association would cause an

A

confer with and/or have present during an interview, legal counsel and/or a representative of the Association

unreasonable delay in the investigation.

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20
Q

Statements Pertaining to a Conduct Complaint - The timelines and authority for providing a statement pertaining to a conduct complaint is subject to the

A

mandate of the Special Investigations Unit (SIU) being invoked. Members SHALL also comply with the direction contained within Procedure 13-16.

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21
Q

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Witness) -
Where a police officer is designated as a witness officer in a conduct complaint involving a criminal allegation, the witness officer SHALL supply the investigating supervisor with a

A

detailed statement concerning the incident, as required.

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22
Q

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Witness) - Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the respondent officer, the statement SHALL be

A

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

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23
Q

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent) -
Where a police officer is designated as a respondent officer in a conduct complaint involving a criminal allegation, the respondent officer

A

may supply the investigating supervisor with a detailed statement concerning the incident, but is not compelled to do so.

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24
Q

Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent) - Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the respondent officer, the statement SHALL be

A

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

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25
Q

Interprovincial Policing -
Under _______ on receipt of a complaint made against a Toronto Police Service officer in another province or territory, who has been appointed to act as a police officer in that province or territory, the complaint SHALL be forwarded to the OIPRD.

A

ss. 58.1 of the PSA

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26
Q

Member - Members SHALL provide information and assistance to anyone requesting information on how to

A

submit an external complaint.

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27
Q

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

A

 direct the person to attend
 any Service facility that is accessible to members of the public, and/or
 the OIPRD office, or
 the OIPRD website
 immediately contact a supervisor

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28
Q

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

A

Officer in Charge.

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29
Q

Member - When notified by a supervisor of being a witness to an external conduct complaint involving a police officer SHALL, within ten (10) calendar days, or as otherwise directed

A

 provide a copy of
 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
 attend an investigative interview and respond to all questions posed that are related to the complaint in question

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30
Q

Police Officer - When notified by a supervisor of being the respondent officer to an external conduct complaint involving a non–criminal allegation SHALL, within ten (10) calendar days, or as otherwise directed

A

 provide a copy of
 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
 attend an investigative interview and respond to all questions posed that are related to the complaint in question

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31
Q

Police Officer - When notified by a supervisor of being the respondent officer to an external conduct complaint involving a criminal allegation

A

 SHALL, within ten (10) calendar days, or as otherwise directed
 provide a copy of
‒ all relevant documents
‒ all memorandum book entries for the relevant tours of duty
 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

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32
Q

Police Officer - When a conduct complaint has been resolved by a local resolution the respondent officer SHALL sign the

A

Local Resolution Agreement 004-0301 OIPRD.

33
Q

Police Officer - When a conduct complaint has been resolved by an informal resolution the respondent officer SHALL sign the

A

Informal Resolution Agreement 004-0307 OIPRD.

 No statement made during an attempt at a local or informal resolution of a complaint is admissible in a civil proceeding, including one held under the PSA, except with the consent of the person who made the statement.

34
Q

Supervisor - When becoming aware of an OIPRD complaint, and having established the substance and nature of the complaint SHALL

A

 provide the complainant with an OIPRD form/brochure and information about the OIPRD complaint process
 attempt to resolve the complaint by way of a local resolution

35
Q

Supervisor - Upon receipt of a completed OIPRD complaint form and having reviewed and established the substance and nature of the complaint SHALL

A

 fax the form, including any attachments, to the OIPRD, or
 attempt to resolve the complaint by way of a local resolution

36
Q

Supervisor - When a complainant is unable to communicate in writing, or due to any disability is unable to attend a Service facility SHALL make

A

every effort to assist the complainant in completing the form.

37
Q

Supervisor - Where the circumstances of a complaint suggest an immediate investigation is warranted SHALL, in addition to receiving the complaint, notify the

A

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

38
Q

Supervisor - When attempting to facilitate a local resolution

A

 may utilize the following options
‒ discuss the matter with the complainant, and/or
‒ discuss the matter with the respondent officer, and/or
‒ facilitate a discussion between the respondent officer and the complainant, and/or
‒ facilitate an apology from the respondent officer, and/or
‒ refer the matter to mediation which is a third party, off-site meeting, if the complainant, respondent officer
and Director of the OIPRD consent
 SHALL record the particulars of the complaint and actions taken in the memorandum book
 SHALL complete a TPS 649 with reasons and forward to the Unit Commander for further assignment to an
investigating supervisor, if a local resolution cannot be immediately resolved
 The thirty (30) calendar day period for resolving a local resolution may be extended for an additional thirty (30) calendar days, upon consent of the OIPRD.

39
Q

Supervisor - When a local resolution has been achieved SHALL

A

 record the particulars of the complaint and actions taken in the memorandum book
 complete the Local Resolution Agreement 004-0301 OIPRD and submit to the Unit Commander

40
Q

Unit Complaint Coordinator - The investigating supervisor SHALL review the Unit Complaint Co–ordinator (UCC) e-mail daily for

A

notice of new complaints, if applicable.

41
Q

Unit Complaint Coordinator - When required to investigate an OIPRD conduct complaint SHALL

A

initially establish the substance and nature of the complaint.

42
Q

Unit Complaint Coordinator - When determining that an OIPRD conduct complaint may be resolved by an informal resolution

A

 may utilize the following options
‒ discuss the matter with the complainant, and/or
‒ discuss the matter with the respondent officer, and/or
‒ facilitate a discussion between the respondent officer and the complainant, and/or
‒ facilitate an apology from the respondent officer, and/or
‒ refer the matter to mediation, if the complainant, respondent officer and Director of OIPRD consent
 SHALL record the particulars of the complaint and actions taken in the memorandum book
 An Investigative Report 004-0309 OIPRD is not required when facilitating an informal resolution.

43
Q

Unit Complaint Coordinator - When an informal resolution has been achieved SHALL

A

 record the particulars of the complaint and actions taken in the memorandum book
 complete the Informal Resolution Agreement 004-0307 OIPRD and submit to the Unit Commander

44
Q

Unit Complaint Coordinator - When determining that an OIPRD conduct complaint cannot be resolved by an informal resolution SHALL

A

 provide the respondent officer with a TPS 649 outlining the substance of the complaint
 record the particulars of the notification to the officer in their memorandum book, if applicable
 consult with Equity, Inclusion & Human Rights regarding an alleged violation of a prohibited ground under the Human Rights Code
 conduct an investigation and maintain detailed notes
 ensure all evidence is collected in compliance with Procedure 04–21
 if applicable, direct the respondent and witness officers to
‒ provide a TPS 217, and/or
‒ attend an investigative interview
 direct the officers to provide additional information as required
 notify the Unit Commander of all side issues, where they exist, and initiate a separate TPS 901 for each, and
comply with Procedure 13–03 as appropriate
 liaise with PRS – Complaints Administration to ensure the timely conclusion of complaint investigations
 complete a forty five (45) Day Investigation Status Update Form 004-0306 OIPRD and submit electronically within thirty five (35) calendar days to the OIPRD Liaison Officer
 prepare an Investigative Report 004-0309 OIPRD and submit electronically within ninety (90) days to the Unit
Commander

45
Q

Unit Complaint Coordinator -When required to facilitate a local resolution SHALL

A

 ensure compliance with items 13 and 14, if applicable
 complete a Request for Extension of Local Resolution (004-0302 OIPRD) if the local resolution cannot be
facilitated within thirty (30) days

46
Q

Unit Complaint Coordinator - When required to facilitate a customer service resolution

A

 may utilize the following options
‒ discuss the matter with the complainant, and/or
‒ discuss the matter with the respondent officer, and/or
‒ facilitate a discussion between the respondent officer and the complainant, and/or
‒ facilitate an apology from the respondent officer, and/or
‒ refer the matter to mediation which is a third party, off-site meeting, if the complainant, respondent officer
and Director of the OIPRD consent
 SHALL record the particulars of the complaint and actions taken in the memorandum book
 SHALL complete a TPS 649 with reasons and forward to the Unit Commander for further assignment to an
investigating supervisor, if a customer service resolution cannot be immediately resolved
 SHALL request an extension from PRS – Complaints Administration if the customer service resolution cannot be facilitated within forty five (45) days

47
Q

Unit Complaint Coordinator - When a customer service resolution has been achieved SHALL

A

 record the particulars of the complaint and actions taken in the memorandum book
 complete the appropriate forms provided by PRS – Complaints Administration
 submit the completed forms to PRS – Complaints Administration

48
Q

Unit Complaint Coordinator - When due to the size or complexity of an investigation, that the investigation will not be concluded within the ninety (90) calendar day time period mandated by the OIPRD, SHALL

A

consult with the OIPRD Liaison Officer and complete an OIPRD Time Extension Request.

49
Q

Unit Complaint Coordinator - Provide training to members at the unit level, on the

A

complaint process, if applicable.

50
Q

OIPRD Liaison Officer – Professional Standards -
Upon receipt of an OIPRD conduct complaint SHALL

A

 determine which unit will be responsible for investigating the complaint
 forward to the Unit Commander of the unit assigned
 advise the complainant which unit has been assigned to the investigation

51
Q

OIPRD Liaison Officer – Professional Standards - Upon receipt of a completed Local Resolution Agreement (004-0301 OIPRD) SHALL

A

forward it electronically to the OIPRD.

52
Q

OIPRD Liaison Officer – Professional Standards - Upon receipt of a completed Informal Resolution Agreement (004-0307 OIPRD) SHALL

A

 forward the report electronically to the OIPRD
 ensure the data is entered in the Professional Standards Information System (PSIS)

53
Q

OIPRD Liaison Officer – Professional Standards - Upon receipt of a completed Investigative Report 004-0309 OIPRD SHALL

A

 consult with Equity, Inclusion & Human Rights if the complaint involves an alleged violation of a prohibited ground under the Human Rights Code
 adjudicate to determine if the complaint is substantiated or unsubstantiated and/or serious or less serious
 forward the Investigative Report 004-0309 OIPRD electronically to the OIPRD and a copy to the complainant
 notify the complainant in writing that the complaint is substantiated or unsubstantiated
 advise the complainant that they have the right, within thirty (30) calendar days, to request a review of the decision to the OIPRD

54
Q

OIPRD Liaison Officer – Professional Standards - When notified by the OIPRD that a complaint file is closed SHALL advise the

A

respondent officer’s Unit Commander of the determination.

55
Q

OIPRD Liaison Officer – Professional Standards -When advised of an OIPRD conduct complaint which, due to its complexity, or where the reputation of the Service may be severely impacted in a negative manner, SHALL consult with the

A

Unit Commander – Professional Standards.

56
Q

Definitions - 45-Day Status Update Form

A

(004-0306 OIPRD) means a form outlining the status of the investigation to the Office of the Independent Police Review (OIPRD).

57
Q

Definitions - Alternative Dispute Resolution

A

means mediation, conciliation, negotiation or any other means of facilitating the resolution of issues in dispute by a third party off site meeting.

58
Q

Definitions - Association

A

means the Toronto Police Association or the Toronto Police Senior Officers’ Organization.

59
Q

Definitions - Attachments

A

in reference to complaints administration means correspondence, other than the TPS 901 or OIPRD form associated to a given complaint, which would include internal correspondence, facsimile, a letter written by the complainant, or any other relevant document.

60
Q

Definitions - Civilian Member

A

means any Service employee who is not a police officer, including employees classified as:
 permanent;
 temporary;
 part–time;
 summer help;
 participants in the co–operative education program.

61
Q

Definitions - Customer Service Resolution

A

means an Office of the Independent Police Review Director (OIPRD) process to handle complaints prior to engaging the screening process. All matters suitable for a Customer Service Resolution will be referred to Professional Standards by the OIPRD. These matters can be resolved by an agreement between all parties in lieu of a complaint being formalized by the OIPRD. No record of a customer service resolution SHALL be placed in a police officer’s personnel file.

62
Q

Definitions - External Complaint

A

means an allegation made by a member of the public:
 in writing and signed on the Office of the Independent Police Review Director (OIPRD) form; and,
 delivered to any Toronto Police Service (Service) facility or the OIPRD personally or by an agent, by mail, facsimile or by electronic mail (e–mail); and,
 must concern the policies of, or the services provided by the Service or the conduct of a police officer; and,
 classified by the OIPRD.

63
Q

Definitions - Informal Resolution (External)

A

in reference to external complaints means where the conduct is deemed less serious and can be resolved through agreement from all parties after an OIPRD complaint has been lodged.

64
Q

Definitions - Investigating Supervisor

A

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

65
Q

Definitions -Less Serious Complaint Allegation

A

means the conduct is not of a serious nature.

66
Q

Definitions - Local Inquiry

A

means when a local resolution process has commenced but is not completed, (e.g., complainant refuses
to complete/sign a local resolution form).

67
Q

Definitions - Local Resolution

A

means the agreement that is reached between all parties when an external complaint is made directly to a police officer in lieu of being lodged with the Office of the Independent Police Review Director (OIPRD). No record of a local resolution SHALL be placed in a police officer’s personnel file.

68
Q

Definitions - Office of the Independent Police Review Director (OIPRD)

A

means an independent civilian agency responsible for receiving, managing and overseeing all public complaints about the police in Ontario in accordance with the Police Services Act.

69
Q

Definitions - Office of the Independent Police Review Director (OIPRD) Liaison Officer

A

means a Senior Officer of the Toronto Police Service designated by the Chief of Police to act as the liaison with the OIPRD relating to conduct investigations and adjudications.

70
Q

Definitions -Ontario Civilian Police Commission (OCPC)

A

means an independent oversight agency and is the appeal body for decisions made at police disciplinary proceedings.

71
Q

Definitions - Party to a Complaint includes:

A

 a person making a complaint under Part V of the Police Services Act
 a police officer who is a witness officer in a complaint filed by a member of the public under Part V of the Police Services Act
 the Chief of Police of the police service to which the complaint relates
or
 in the case of a complaint against the Chief of Police, the Police Services Board of the police service to which the complaint relates, and
 may include any person added as a party by the Office of the Independent Police Review Director (OIPRD).

72
Q

Definitions - Report of Investigation

A

(004-0309 OIPRD) in reference to complaints means a report outlining the circumstances and investigative results of a complaint in the prescribed format as defined by the Office of the Independent Police Review Director (OIPRD).

73
Q

Definitions - Respondent Officer

A

means a police officer who is the subject of a complaint filed by a member of the public under Part V of the Police Services Act, and may include a Chief of Police or Deputy Chief of Police.

74
Q

Definitions - Serious Complaint Allegation

A

means a matter that, at the discretion of the Chief of Police, is of public interest to be dealt with as a complaint under Part V of the Police Services Act. A serious complaint, if substantiated, must go to a disciplinary hearing.

75
Q

Definitions - Side Issue

A

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.

76
Q

Definitions - Substantiated

A

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.

77
Q

Definitions - Unsubstantiated

A

in reference to complaints means a matter where:
1. insufficient evidence exists to support the allegation
2. evidence exists that, if believed, would not constitute misconduct
3. the identification of the police officer involved cannot be established.

78
Q

Definitions - Witness Officer

A

in reference to complaints means a police officer who is not the respondent of a complaint.