a. Commission of a crime;

b. Use of illegal drugs;

c. Dishonesty;

d. Intoxication;

e. Acceptance of a bribe or gratuity;

f. Brutality;

g. Excessive use of force;

h. Immorality;

I. Other acts of a serious nature; and

j. Cases referred by the Director of Public Safety;

a. Differences of opinion between citizen and officer relative to enforcement;

b. Tardiness;

c. Minor omissions in assigned duties;

d. Minor infractions of departmental regulations concerned with efficiency or safety;

e. Uniform, equipment and personal appearance infractions;

f. Complaints of discourteous or minor misconduct;

g. Unethical behavior;

h. Insubordination;

I. Cases referred by the Internal Affairs Officer; and

j. Cases referred by the Director of Public Safety;

a. Unfounded

The complaint was not based on facts, determined by investigation, or the incident complained of did not occur.

b. Exonerated

The action reported did occur, but the investigation disclosed that the actions were reasonable, lawful and proper.

c. Not Sustained

The available evidence fails to clearly prove or disprove the allegations.

d. Sustained

Investigation disclosed sufficient evidence to support the allegations in the complaint. ( CALEA 52.1.9)

a. Evaluate the complaint, assign a control number and determine the appropriate action to be taken.

b. The Internal Affairs Officer may at his discretion assign an Internal Affairs case to an Investigator who has been trained in internal affairs matters. If the allegation is of a minor nature as described in paragraph C.2, the allegation may be assigned to the appropriate Campus Commander for investigation.

c. The Internal Affairs Officer will confer with the Director of Public Safety or his designee on the assignment, scope and depth of serious internal investigations. (CALEA 52.1.3)

a. The Internal Affairs Officer shall report directly to the Director of Public Safety on internal affairs matters. In the absence of the Director of Public Safety the Internal Affairs Officer will report to the Deputy Director of Public Safety. (CALEA 52.1.2)

a. The Internal Affairs Officer will maintain all records related to internal affairs matters. These records will be kept in a secured file separate from other records to guarantee their safety and confidentiality. In addition, the Internal Affairs Officer will maintain a suspense file of investigations assigned to an Investigator or Campus Commander. A Report of Alleged Police Misconduct form will be used on a department wide basis to initiate any complaint. (CALEA 52.1.10)

a. The Director of Public Safety or his designee will respond by letter to those contacting the Department of Public Safety with a formal complaint acknowledging the receipt of the complaint of alleged abuse of police authority or misconduct. The complainant will also be provided with periodic status reports. (CALEA 52.1.5.a. & b.)

a. Whenever it becomes appropriate to notify an employee that he / she is the subject of an internal investigation, the Internal Affairs Officer will ensure that the employee is issued a written statement of the allegations and the employees rights and responsibilities relative to the investigation. However, notification of complaints may be postponed, with concurrence of the Director of Public Safety, if notification would jeopardize an investigation into either criminal or ongoing misconduct. (CALEA 52.1.6)

a. Being a public servant, an employee must cooperate fully in an Administrative Investigation. The employee must tell the complete and total truth. Any attempt(s) to resort to half truths or evasion of an issue (s) will result in discipline up to and including termination.

b. An employee is required to give a written statement specifically, directly and narrowly related to the incident or complaint in question.

c. An employee shall not discuss an internal affairs case with anyone other than the investigator (this does not preclude the right of an employee to consult with an attorney or representative of his choice).

d. An employee is required to submit to an interview or interrogation.

e. An employee is required to submit to one or more of the following procedures listed in subsection B.15 of this policy.

a. The employee will receive written notification of the complaint made, specifics of the allegations, and employee=s rights and responsibilities before an interrogation is conducted. (CALEA 52.1.6)

b. Information or evidence gained during an Internal Affairs Investigation for administrative Investigation cannot be used against an employee in criminal proceedings. The only exception is if the employee knowingly and willfully provides false statements during the Administrative Investigation.

c. Any employee under departmental investigation has the right to request the presence of counsel or any other representative of his choice during an interrogation. This applies whenever the interrogation relates to the employees continued fitness for law enforcement service.

It is clear that an employee is not entitled to counsel or representation at every interrogation, but only those which relate to his continued fitness for law enforcement service. Accordingly, a request for counsel or representation made by an employee in connection with routine investigations of minor disciplinary matters need not be complied with.

Attorneys or representatives should not interfere with the interrogation. Their presence is to assure that the interrogation is conducted in a fair and objective manner. The employee has the right during the interrogation to briefly confer with his/her attorney or representative regarding questions presented to him/her as long as it does not unnecessarily impede the interrogation. Any representative who interferes or impedes the progress of the interrogation or investigation will be asked to leave. If at the termination of the interrogation the representative wishes to make a brief statement on the record regarding any complaint he/she had in connection with the manner in which the interrogation was conducted, he should be permitted to do so.

d. A Pre-Determination Hearing shall be held and conducted by the Director of Public Safety. The employee will be given the opportunity to present any information, documentation or other evidence that may be helpful in resolving the matter. The employee may be accompanied by legal counsel if desired. The hearing will be tape recorded. Disciplinary action will not be taken until the employee has the opportunity to attend the Pre-Determination Hearing.

e. Upon completion of the investigation the accused employee has the right to obtain a copy of the investigation in its entirety.

f. An employee has the right to bring suit against any person, group of persons, organization or corporation, for making a false statement under oath against such officer or employee.

a. An officer or employee may be relieved of duty pending the outcome of an investigation involving allegations of serious misconduct or criminal conduct, if such an action is in the best interest of the Department of Public Safety and the public. Relief from duty may involve transfer from field duties to administrative duties, placement on leave or suspension without pay. (CALEA 52.1.8)

a. Medical or laboratory examinations narrowly related to the investigation.

b. Photographs of officers / employees on file may be used or a current photograph may be required. (CALEA 52.1.7.b)

c. The submission of a financial disclosure statement. (CALEA 52.1.7.d)

d. A line up. (CALEA 52.1.7.c)

e. A polygraph examination. (CALEA 52.1.7.e)

a. All interviews conducted with the complainant and witnesses will be recorded in full. A complete record, either written, taped or transcribed will be kept.

b. All interrogations of a Public Safety employee connected with the investigation will be reported in full. A complete record, either written, taped or transcribed will be kept of the complete interrogation.

c. Requests by a complainant, witness or employee to speak off the record will be denied.

a. Complaints investigated by the Internal Affairs Officer or his designee will be completed in 30 days. This period may be extended by the Director of Public Safety.

b. Investigations of minor incidents conducted by the Campus Commanders will be completed in 15 days. This period may be extended by the Director of Public Safety.

a. The Internal Affairs Officer will submit the findings of all internal investigations to the Deputy Director of Public Safety. The Deputy Director will make recommendations for disciplinary action to the Director of Public Safety.

a. The Director of Public Safety or his designee will conduct a Pre- Determination Hearing with the accused before disciplinary action is taken. The employee will have the right to present any information, documentation, or other evidence which the employee feels would be helpful in resolving the matter.

b. The entire Pre-Determination Hearing must be tape recorded or transcribed. Requests to speak off the record will be denied.