Disciplinary Hearings

Hearings
Under the Community Safety and Policing Act, 2019, the hearings are held by the Arbitration and Adjudication Commission. The parties to the hearing include:

  • the chief of police;
  • the police officer; and
  • the complainant
  • If the Complaints Director directed the chief of police to initiate the hearing and the chief of police declines to participate as a party.

Clear and Convincing Evidence

At a disciplinary hearing, the Adjudicator must decide whether the allegations of misconduct have been proven on clear and convincing evidence. Clear and convincing evidence is a higher burden of proof than the standard of reasonable grounds, which is the threshold required to substantiate misconduct in LECA complaints process.

Discipline

If, following the hearing, the adjudicator determines that it has been proven on clear and convincing evidence that the police officer has engaged in conduct that constitutes misconduct or unsatisfactory work performance and that demotion or termination of the officer’s employment is an appropriate response, the adjudicator may make an order to impose one of the following disciplinary measures:

  1. Terminate the police officer’s employment.
  2. Direct that the police officer’s employment be terminated in seven days unless he or she resigns before that time.
  3. Demote the police officer, specifying the manner and period of the demotion. If following the hearing, the adjudicator determines that the chief of police has proven on clear and convincing evidence that the police officer has engaged in conduct that constitutes misconduct or unsatisfactory work performance, but that demotion or termination of the officer’s employment is not an appropriate response, the adjudicator may make an order to impose a disciplinary measure or any combination of disciplinary measures that a chief of police could impose:
  1. Suspend the police officer without pay for a period not exceeding 30 days or 240 hours, as the case may be.
  2. Direct that the police officer forfeit not more than three days or 24 hours pay, as the case may be.
  3. Direct that the police officer forfeit not more than 20 days or 160 hours off, as the case may be.
  4. Reprimand the police officer.
  5. Direct that the police officer undergo specified counselling, treatment or training.
  6. Direct that the police officer participate in a specified program or activity.