Current through Register 1531, September 27, 2024
(1)
Classes of Offenses for Police Academies. Academy offenses are set forth in the Abstract of Delinquencies section of the Committee's sub-regulatory policies and procedures, and may be supplemented by academy-specific sub-regulatory policies, procedures, rules and regulations approved pursuant to 550 CMR 3.05(1). Academy offenses have been categorized into three classes, determined by the seriousness of the offense, as follows:
(a)
Class I. Commission of a Class I offense shall result in dismissal from the academy for disciplinary reasons, pursuant to 550 CMR 3.11(3)(c).
(b)
Class II. Commission of a Class II offense shall, at a minimum, result in the issuance of a written disciplinary warning to the student officer.
(c)
Class III. Commission of a Class III offense shall, at a minimum, result in a student officer preparing a "To-from" memorandum to the academy director or a staff instructor in which the student acknowledges the breach and relates the subject of the breach to police service.
(2)
Police Academy Levels of Corrective Action. In keeping with the concept of progressive discipline, corrective action shall be consistent with, and appropriate for, the student officer's conduct that resulted in the breach, and any other history of misconduct while at the academy. The following levels of escalating corrective action shall be utilized:
(a)
To-from Memoranda. The student officer shall write a To-from Memorandum for all offenses. This level of corrective action, by itself, shall not be considered disciplinary.
(b)
Admonishment and Counseling. Commission of any Class III offense for which there is no reasonable explanation, in the discretion of the academy director or a staff instructor, shall result in admonishment and counseling. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director or applicable staff instructor and distributed in accordance with the directions on the form.
(c)
Oral Disciplinary Warning. Commission of any Class III offense after admonishment and counseling shall result in an oral disciplinary warning being issued to the student officer by the academy director or a staff instructor. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director or applicable staff instructor and distributed in accordance with the directions on the form.
(d)
Written Disciplinary Warning. Commission of any Class II offense, or commission of any Class III offense after an oral disciplinary warning, shall result in a written disciplinary warning being issued to the student officer. Only the academy director may issue a written disciplinary warning. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director and distributed in accordance with the directions on the form.
(3)
Police Academy Dismissal for Disciplinary Reasons. A student officer who commits any of the following shall, if the circumstances warrant, be dismissed for disciplinary reasons:
(a) Commission of a Class I offense; or
(b) After receiving a written disciplinary warning, commission of a Class II offense; or
(c) After receiving a written disciplinary warning, commission of any three additional Class III offenses, or commission of any two additional Class III offenses that are the same.
If the academy director determines that the circumstances do not warrant dismissal, then a written disciplinary warning must issue. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director and distributed in accordance with the directions on the form.
