Civilian Complaint and Discipline Process

Question 1

Discipline matters for all civilian members are governed by _____, and additionally O. Reg. 411/23 for internal Special Constables.

Members of the Toronto Police Service (Service) may initiate an internal conduct complaint about a civilian member in the following manner:

• members of _____ by way of a TPS 649 to the civilian member’s supervisor; or
• _____ 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.

Answer 1

1. the respective Collective Agreement
2. equal or lesser rank
3. a civilian supervisor or supervisory officer

Question 2

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

Outcomes Available

• unsubstantiated
• substantiated
• internal informal resolution

Disciplinary Actions Available

• verbal reprimand
• written reprimand
• _____
• _____

Answer 2

1. suspension without pay*
2. suspension without pay pending recommendation for termination

Question 3

Civilian Complaint

Progressive Discipline

In accordance with the principles of progressive discipline, assessed disciplinary penalties shall increase for subsequent offences and subsequent penalties shall not regress 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, _____ shall consult with _____ regarding discipline standards.

Answer 3

1. Labour Relations
2. Unit Commander
3. Unit Commanders, Labour Relations

Question 4

Civilian Complaints

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 _____, unless to do so may prejudice an investigation.

The notice shall be provided promptly when:

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

Answer 4

1. a TPS 649
2. been identified

Question 5

Civilian Complaints - Civilian Member

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

Answer 5

1. ten (10) working

Question 6

Civilian Complaint - Investigating Supervisor

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
* initially establish the substance and nature of the complaint
* provide the respondent/subject member with _____ 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
− notify the Officer in Charge, in compliance with Procedure 13-16
− not proceed with the external complaint investigation until so directed by _____
* 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
* 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
− initiate a separate TPS 901 for each, as necessary
− 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

 Note: Where the investigation will not be completed within _____ days send a status update to PRS-Complaints Administration every _____ days until the investigation is concluded.

• prepare a investigative report and submit, along with any recommendations, to the Unit Commander
• provide training to members on the civilian complaint process, if applicable

1. 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
   * 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 _____ for determination

Answer 6

1. a TPS 649
2. the Unit Commander
3. one hundred twenty (120)
4. thirty (30)
5. Unit Commander

Question 7

Civilian Complaint - Member

Member

1. Members shall provide information and assistance to anyone requesting information on how to submit an external complaint.
2. When receiving an external complaint at a place other than a Service facility shall
   * immediately notify _____
   * direct the person to attend any Service facility that is accessible to members of the public
3. When receiving an external complaint at a Service facility shall immediately refer the complainant to the _____.
4. When notified by a supervisor of being a witness to an external complaint involving a civilian shall, within _____ days, or as otherwise directed
   * provide a copy of
   − all memorandum book entries for the relevant tours of duty
   − 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

Answer 7

1. a supervisor
2. Officer in Charge
3. ten (10) calendar

Question 8

_____ 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.

Answer 8

1. Civilian Member

Question 9

_____ 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.

Answer 9

1. Informal Resolution (Internal)

Question 10

_____ means an allegation from internal sources concerning the conduct of a Toronto Police Service member.

Answer 10

1. Internal Complaint

Question 11

_____ unless otherwise specified,
* for the purposes of the Standards of Conduct means any police officer, or any civilian member, or any auxiliary member;
* for the purposes of the Service Procedures means any police officer or any civilian member.

Answer 11

1. Member