ARTICLE 9

CITIZEN'S COMPLAINT

9.1

For purposes of this Article, a "complaint" is an allegation by a citizen about the actions of a member of the bargaining unit and shall include one or more of the following:

  1. commission of a criminal offense;

  2. neglect of duty;

  3. violation of university or department policies, rules or procedures;

  4. conduct which may tend to reflect unfavorably upon the employee, the department, or the CSU.

9.2

It shall be the policy of The University Police Departments to provide for the prompt receipt, investigation, and disposition of citizen's complaints regarding the actions of employees of the University Police Department.

9.3

Any bargaining unit member shall refer the complaining party to the Chief of Police as soon as practical.

9.4

A complaint will be reduced to writing either by the Complainant or the individual taking the Complaint. Complaints which are not anonymous in nature shall be signed by the Complainant. Complainants who refuse to sign a complaint will be considered anonymous Complainants.

9.5

Investigation of a complaint shall be completed as soon as practical, but in no event more than thirty (30) days from the date that the complaint was initiated, unless the investigation was of such complexity that it cannot be completed within thirty (30) days. The subject of the complaint shall be notified of the allegation except in cases where such notification might delay or hinder the completion of the investigation. Each act of alleged misconduct or violation shall be investigated and documented in the investigative report. Confidentiality of all information shall be maintained during the investigative process. At the conclusion of the investigation, the bargaining unit member named shall be informed of the result. The complaint and the investigative report shall be reviewed by the Chief of Police. The Chief of Police will decide whether each alleged act or violation was Unfounded; Exonerated; Not sustained; Sustained.

9.6

Each department will ensure that at least one department Safety member of the classification of Lieutenant or higher, who in their official capacity have a right to access confidential personnel files, has received training in processing and responding to Pitchess Motions filed against members of the department.


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