13-03 Uniform Internal Complaint Intake / Management

Question 1

This Procedure outlines the process for the intake and management of internal conduct complaints involving police officers. ————will determine which unit will investigate an internal complaint.

Answer 1

Professional Standards (PRS) – Complaints Administration

Question 2

Members of the Toronto Police Service (Service) may initiate a conduct complaint about a police officer in the following
manner:
 civilian members in general and police officers of ——-or lesser rank by way of a ——- to the subject officer’s supervisor
 a civilian ———that directly manages a police officer by way of a TPS ——–
 a ——-officer of higher rank than a police officer by way of a TPS 901

Answer 2

equal
TPS 649
supervisor
901
supervisory

Question 3

In circumstances where a complaint is made against a Senior Officer, the applicable ————- shall delegate a supervisor to investigate and report on the matter. The Deputy Chief shall fulfil the role of a ———- in adjudicating and/or directing the resolution of these complaints.

Answer 3

Deputy Chief of Police (Deputy Chief)
Unit Commander

Question 4

Unit Commanders shall forward the completed file, including the adjudication/disposition, to PRS – Complaints
Administration within ———-+days.

The Toronto Police Services Board (Board) and the Service are committed to providing all members a workplace that is
safe and free of discrimination and harassment.

Answer 4

one hundred twenty (120)

Question 5

Discriminatory and harassing behaviour is offensive, degrading and illegal under the Ontario Human Rights Code (Human Rights Code).

Section —– entitled “Fairness, Discrimination and Harassment” of the Standards of Conduct prohibits discriminatory
behaviour.

Answer 5

1.9

Question 6

Reporting of Discreditable Conduct
Section —-of the Standards of Conduct 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, members shall refer to Procedure 13-18.

Answer 6

1.3

Question 7

Members shall not harass, intimidate, or retaliate 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 Service or legislative governance or an act of ——- shall not be subject to reprisal for making such report

Answer 7

misconduct

Question 8

Notification to a Police Officer
A police officer who is the subject of a conduct complaint shall receive notification regarding the substance of the complaint

on a TPS 649. If notification may prejudice the investigation, it may be delayed.
The notice shall be provided forthwith when
 there is ——— to support an allegation
 the evidence, if believed, would constitute ———-/ a substantiated complaint
 a ———officer has been identified

Answer 8

evidence
misconduct
respondent

Question 9

Statements Pertaining to a PSA Complaint
Pursuant to the Police Services Act (PSA), conduct complaint investigations —— all involved police officers to submit detailed statements and/or attend an investigative interview and be compelled to answer questions, unless the member is simultaneously a subject of a criminal investigation arising out of the same incident. These compelled statements ——- be used against the person making the statement in any criminal proceeding

Answer 9

compels
cannot

Question 10

Statements Pertaining to Criminal Allegations
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 detailed ——-concerning the incident, as required.
Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the subject officer, the statement shall be returned to the officer upon demand. No copies of the statement shall be retained by any other member of the Service, following the demand.
Upon request, police officers shall be afforded the opportunity to confer with and/or have present during an interview, legal counsel and/or a representative of the Association. 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 10

statement

Question 11

Member
1. When notified by a supervisor of being a witness to an internal conduct complaint involving a police officer 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 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

Answer 11

ten (10) calendar

Question 12

Police Officer

2. When notified by a supervisor of being the subject of an internal conduct complaint involving a non–criminal allegation shall, within ——- calendar days, or as otherwise directed
    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

Answer 12

ten (10)

Question 13

Police officer

3. When notified by a supervisor of being the subject of an internal conduct complaint involving a criminal allegation

 shall, within —– 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 —choose to respond to all questions posed that are related to the complaint in question
 — choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint and forward to the investigating supervisor
4. When a conduct complaint has been resolved informally the subject officer shall sign the applicable section of the TPS
901.

Answer 13

ten (10)
may
may

Question 14

Supervisor
5. When initiating an internal conduct complaint against a police officer shall complete a TPS 901 and immediately forward to the subject officer’s———–
6. When the circumstances of the internal 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
7. When required to investigate an internal conduct complaint shall
 provide the subject officer with a –+ outlining the substance of the complaint
 record the particulars of the notification to the officer in the “———” of the TPS 901 and in their memorandum
book, if applicable
 consider consulting Equity, Inclusion & Human Rights during the investigation and when preparing the Report of
Investigation if the complaint relates to 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 subject 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 —— 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 Unit Commander
 provide training to members on the complaint process, if applicable

Answer 15

TPS 649
Log Notes
Unit Commander
PRS – Complaints Administration

Question 16

Officer in Charge – Professional Standards – Complaints Administration
8. 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.
9. Upon receipt of a completed internal conduct complaint investigation resolved informally shall ensure the file is
reviewed and retained in accordance with the Records Retention Schedule.

Answer 16

awareness

Question 17

informal Resolution (Internal) in reference to internal complaints means if, at the conclusion of the investigation and upon review of the written report, the —— 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.

Answer 17

Unit Commander

Question 18

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 single status), place of origin, race, receipt of public assistance (in
housing only), record of offences (in employment only), sex (including discrimination based on pregnancy and
breastfeeding), and sexual orientation.

Answer 18

awareness

Question 19

report of Investigation (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)

Answer 19

awareness

Question 20

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 20

Professional Standards – Complaints
Administration