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CLEVELAND DIVISION OF POLICE

EFFECTIVE DATE:

August 12, 2019

CHAPTER:

1 - Administrative

PAGE:

1 of 10

NUMBER:

1.07.06

SUBJECT:

DISCIPLINARY GUIDANCE

CHIEF:

Calvin D. Williams, Chief

This General Police Order has been revised in its entirety

PURPOSE:

To establish guidelines for the imposition of corrective action within the Cleveland

Division of Police. Written guidelines provide all members of the Division the

assurance that corrective action will be imposed in an equitable manner while providing

management with the discretion necessary to maintain fairness and the good order of the

Division.

POLICY:

To ensure compliance to all laws of the United States, the State of Ohio, the Charter

provisions and ordinances of the City of Cleveland, and the written directives of the

Division of Police and the City of Cleveland. Additionally, members of the Division

shall be responsible for adherence to all criminal laws in the jurisdictions in which they

may be traveling.

The integrity of the Cleveland Division of Police is measured by the highest standards

of personal conduct. The discipline system reflects the values of the Division while

protecting the rights of both officers and citizens. The disciplinary guidance matrix is

intended to create a culture of transparency, fairness, and consistency while maintaining

the highest standards of professionalism and integrity in policing.

All disciplinary or non-disciplinary outcomes shall be decided without consideration of

the member’s race, religion, gender, sex, national origin, age, ethnicity, familial

relationships or sexual orientation.

All disciplinary or non-disciplinary outcomes shall be decided without consideration of

the high or low profile nature of the incident.

Supervisors shall follow the contractual procedures of the respective bargaining units.

The discipline matrix applies to both sworn and non-sworn members of the Division

unless there are contractual exceptions.

This Disciplinary Guidance is designed to accomplish the following goals:

1. Establish standards of corrective action to encourage compliance with all

applicable laws, ordinances, rules, and directives.

2. Delineate categories of conduct for Group I, II or III policy violations.

3. Outline the presumptive discipline ranges within those categories and for specific

policy violations based upon the severity of the violation.

4. Give notice to officers and the community of the likely sanction for a particular

violation.

GENERAL POLICE ORDER

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5. Define and identify aggravating and mitigating factors to consider when

determining the imposition of corrective action.

6. Provide the framework for consistent and fair corrective action.

DEFINITIONS:

Aggravating Factors are relevant facts and circumstances that increase the severity or

culpability of a member’s actions. Circumstances that constitute aggravating factors include but

are not limited to: deceitfulness, dishonesty, maliciousness, injury or harm to the public or a

member, prior history of corrective action, the supervisory or command rank of the officer who

committed the violation, the existence of an actual or demonstrable legal or financial risk to the

Division or the City (including, but not limited to, cases involving allegations of civil rights

violations, unlawful search and seizure, excessive use of force or unlawful detention or arrest),

loss or damage to the city or private property and prejudicial or biased conduct.

Corrective Action is any non-disciplinary or disciplinary action.

Dishonesty is to act without honesty: to deliberately deceive, defraud or lie.

False Statement is a statement that is deliberately made and meant to deceive or a statement

that is intentionally untrue.

Group I Violation is conduct that has a negative impact on the operations or professional image

of the Division or that negatively impacts relationships with other officers, agencies or the

public.

Group II Violation is conduct that is contrary to the values of the Division, or that interferes

with its mission, operations or professional image, or that involves a demonstrable serious risk to

officer or public safety.

Group III Violation is conduct that involves a serious abuse or misuse of authority, unethical

behavior, or an act that results in an actual or serious and adverse impact on officer or public

safety or to the professionalism of the Division. Any violation of law, rule, policy or training

which foreseeably results in death or serious physical harm to another person; or constitutes a

willful and wanton disregard of Division values; or involves any act which demonstrates a lack

of the integrity, ethics or character related to an officer’s fitness to hold the position of police

officer; or involves egregious misconduct substantially contrary to the standards of conduct

reasonably expected of one whose sworn duty is to uphold the law; or involves any conduct

which constitutes the failure to adhere to any contractual condition of employment or

requirement of certification mandated by law.

Mitigating Factors are relevant facts and circumstances that decrease the severity or culpability

of a member’s actions. Circumstances that constitute mitigating factors include but are not

limited to: intent, truthfulness, lack of prior corrective action, willingness to accept

responsibility and acknowledge wrongdoing, circumstances under which the rule was violated

and prior work history.

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Untruthfulness is the act of being intentionally deceitful, the willful perversion of the truth in

order to deceive, cheat, or defraud.

Non-Disciplinary Action may take one of the following forms:

Verbal Counseling: A discussion between the supervisor and the member where the member is

advised and cautioned about unsatisfactory work performance or irregularities. Documentation

of the Verbal Counseling shall be noted by completing a pre-structured Form-1 (Attachment A)

titled Verbal Counseling (followed by the member’s name/badge number) and forwarded

through their chain of command in Blue Team (with all associated reports) to the Chief’s

Office.

Letter of Reinstruction: Is any instruction or guidance issued by the Chief of Police to the

member, where the member is advised of their action that needs correction and directing the

member to review specific policies, procedures, or rules.

Remedial Training: Any instruction or guidance ordered to be completed by a member

designed to correct a performance deficiency or misconduct. Remedial training may consist of

classroom reinstruction or other job-related training. All remedial training records shall be

retained in the Training Section and the Personnel Unit, with copies forwarded to the Case

Preparation Officer.

Disciplinary Action may take one of the following forms:

Written Reprimand: A written documentation presented to the member from the Chief of

Police or Director of Public Safety wherein the member is advised and cautioned about his/her

unsatisfactory work performance or misconduct.

Suspension: A temporary prohibition of the member performing his/her duties as a result of the

member’s unsatisfactory work performance or misconduct issued by the Chief of Police or

Director of Public Safety. The suspension period shall be without pay and served on

consecutive working days, unless otherwise ordered by the Chief.

Demotion: A reduction of the pay grade of a member with a corresponding change in job

duties and responsibilities as a result of the member’s unsatisfactory work performance or

misconduct issued by the Director of Public Safety.

Termination: An involuntary separation from employment initiated by the appointing

authority as a result of the member’s unsatisfactory work performance or misconduct.

I. Table of Discipline

A. The Table of Discipline (Attachment B) shall establish a presumptive range of corrective

action for designated types of policy/procedural/protocol/rule violations, so that

discipline for sustained violations may be imposed in a fair and consistent manner.

Mitigating or aggravating factors shall be considered and may result in the adjustment of

the discipline administered within the disciplinary range of the Group Violation

identified.

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1. Pursuant to the Cleveland Police Patrolmen’s Association, Article XXIX and the

Fraternal Order of Police Lodge 8, Article IV, Collective Bargaining

Agreements, the Chief of Police may suspend an officer for ten (10) days or less.

If the Chief recommends a greater penalty, the Director of Public Safety will

hear the disciplinary charge filed against the officer and render judgment on such

charge and set the disciplinary penalty if any.

2. Pursuant to Cleveland Police Patrolmen’s Association, Exhibit G, “an employee

who tests positive for the first time for alcohol and who cooperated and fulfilled

the obligations of Voluntary Participation in a Dependence Program, may be

disciplined. The scope of such discipline shall be determined on a case by case

basis, but shall not exceed three (3) working days…” “Employees must take part

in the Voluntary Dependence Program in order to take advantage of the

foregoing limitations on discipline.”

3. Pursuant to the Fraternal Order of Police, Lodge 8, Addendum A, “an employee

who tests positive for alcohol shall be subject to discipline up to and including

dismissal unless the employee agrees to participate in and satisfies the

obligations of a treatment program…” “An employee who agrees to participate

and satisfies the obligations of this treatment program will be subject to

discipline up to a three (3) day suspension (but is also subject to additional

discipline for other rules violations).”

B. The Table of Discipline will be reviewed annually and revised as necessary.

C. Violations are divided into three groups based on their seriousness. The severity of the

discipline administered shall fit the seriousness of the violation. If there are mitigating

or aggravating factors of which they are aware, supervisors shall include them in their

recommendation for corrective action.

D. Three or more sustained violations occurring in the same group within a three year

period automatically progresses the discipline into the next higher group.

E. Multiple violations arising from a single event or incident may escalate the disciplinary

action to the maximum group range.

F. A member may be subject to transfer if he/she is found guilty of a Group II or Group III

violation based on the underlying conduct of the discipline and the minimum

requirements of the assignment. The Chief of Police may also suspend or terminate

secondary employment privileges, ceremonial team/special detail assignment/task

force/FTO program privileges and acting out of rank duties.

G. AWOL (absence from duty without leave), social media policy violations, tactical and

training violations, failure to notify a supervisor or violation of a court order can result

in a Group I, II or III violation, as defined in this General Police Order.

H. Pursuant to 18 U.S.C. § 922(g), if an officer is convicted of a misdemeanor offense that

involves the use of physical force, attempted use of physical force, or threatened use of a

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deadly weapon against a person with whom the officer is or has been involved in a

specified domestic relationship as defined by applicable law, the officer may no longer

possess a firearm, including a service weapon. Therefore, it is a weapons disability, and

the City will also take appropriate disciplinary action as contemplated for Group III

violations.

1. A domestic relationship, as defined by 18 U.S.C. § 921(a) (33) (A), is one where

the offender is the current or former spouse, parent, or guardian of the victim; the

offender shares a child in common with the victim; the offender who is

cohabiting with or has cohabitated with the victim as a spouse, parent, or

guardian; or the offender is similarly situated to a spouse, parent, or guardian of

the victim.

I. The following are examples of violations within each disciplinary category. The

violations listed are not intended to be all-inclusive.

1. Group I Violations

 Absence from duty without leave (AWOL)

 Court, Failure to Appear

 Discourtesy, Rudeness

 Equipment, Unauthorized, Failure to properly control or maintain

 Erroneous reporting

 Failure to attend required Division training when scheduled

 Failure to notify supervisor of a Group I Violation

 Grooming and Uniform violations

 Improper tow

 Leaving district, zone or city without supervisory approval

 Minor misdemeanor offenses (as defined by O.R.C. 2901.02) excluding

minor traffic violations

 Operating motor vehicle with expired driver license

 Police vehicle, Failure to properly maintain, Preventable motor vehicle

accidents

 Police vehicle operations, flagrant violations (e.g., excessive speed)

 Prisoners, Failure to properly search resulting in discovery of weapon or

contraband after member searched the prisoner, Improper booking, DNA

collection

 Reports, Failure to submit or timeliness

 Response status, Improper or unauthorized emergency response

 Secondary employment, Unauthorized

 Social media policy violations

 Tactics, Violation of training

 Tardiness

 Unsatisfactory performance

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 Vehicular pursuit/emergency driving, Unauthorized/improper

 Violation of a court order

 WCS, Improper usage (see GPO 4.06.04 Wearable Camera System)

 Other similar misconduct

2. Group II Violations

 Absence from duty without leave (AWOL)

 Abusive/demeaning language

 Calls for Service, Failure to respond, investigate, arrest,

and/or properly clear

 Conduct Unbecoming

 Computers, Unauthorized or improper use/access,

LEADS violations

 Diminish the esteem of the Division (disparaging or

offensive statements or conduct regarding the Division)

 Failure to notify supervisor of a Group II Violation

 Failure to supervise subordinates

 Firearms violations (did not result in injury or death), unattended careless

handling

 Harassment

 Mishandling or improper preparation of criminal case

resulting in declination to prosecute or dismissal

 Off-duty O.V.I. or related offenses

 Prisoners, Failure to properly search or secure resulting in escape or

discovery of weapon or contraband when the prisoner was not searched.

 Sleeping on duty

 Social media policy violations

 Tactics, Violation of training

 Violation of a court order

 Other similar misconduct

3. Group III Violations

 Absence from duty without leave (AWOL)

 Alcohol/Drug use on duty

 Any conviction resulting in a Weapons Disability

 Communication of confidential information that may jeopardize a police

action

 Dereliction of duty

 Discrimination, Bias Policing

 Drug-related violations

 Engaging in sexual activities while on duty

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 Excessive force, Physical force not within policy

 Exercise of authority while under suspension

 Failure to notify supervisor of a Group III Violation

 Failure of a random alcohol test [See I. A. (2 & 3)]

 Failure of random drug test

 False Report, False Statement, Untruthfulness, Dishonesty

 Intentionally omitting or concealing information related to misconduct

 Felonies and serious misdemeanor offenses

 Firearms violations resulting in death or serious injury

 Gross immorality violations

 Gross neglect of duty

 Insubordination

 Off-duty O.V.I. or related offenses (second offense)

 Operating motor vehicle while privilege revoked or suspended

 Retaliation, Coercion or Intimidation

 Secondary employment (revoked)

 Sexual Harassment (as defined by General Police Order 1.1.07: Sexual

Harassment Policy)

 Social media policy violations

 Tactics, Violation of training

 Violation of a court order

 Vehicular pursuit/emergency driving, Unauthorized/improper

(resulting in death or serious bodily injury)

 Workplace violence (as defined by GPO 1.02.09 Violence in the

Workplace)

 Other similar misconduct

J. Ranges of Non-Disciplinary and Disciplinary Actions

1. Group I Violations - Corrective action shall range from non-disciplinary Verbal

Counseling to a 5-day suspension without pay.

a. First Group I violation and mitigating factors outweigh any aggravating

factors or no aggravating factors present (non-disciplinary Verbal

Counseling to Written Reprimand)

b. First Group I violation and aggravating factors outweigh any mitigating

factors or no mitigating factors present (1 to 2-day suspension without

pay)

c. Second Group I violation and mitigating factors outweigh any

aggravating factors or no aggravating factors present (2 to 3-day

suspension without pay)

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d. Second Group I violation and aggravating factors outweigh any

mitigating factors or no mitigating factors present (3 to 5-day suspension

without pay)

2. Group II Violations - Corrective action shall range from a 6-day to a 10-day

suspension without pay.

a. First Group II violation and mitigating factors outweigh any aggravating

factors or no aggravating factors present (6 to 7-day suspension without

pay)

b. First Group II violation and aggravating factors outweigh any mitigating

factors or no mitigating factors present (7 to 8-day suspension without

pay)

c. Second Group II violation and mitigating factors outweigh any

aggravating factors or no aggravating factors present (8 to 9-day

suspension without pay)

d. Second Group II violation and aggravating factors outweigh any

mitigating factors or no mitigating factors present (9 to 10-day

suspension without pay)

3. Group III Violations - Corrective action shall range from a 10-day suspension

to demotion or termination.

a. First Group III violation and mitigating factors outweigh any aggravating

factors or no aggravating factors present (10 to 30-day suspension

without pay)

b. First Group III violation and aggravating factors outweigh any mitigating

factors or no mitigating factors present (13 to 30-day suspension without

pay and/or demotion or termination)

c. First Group III violation, serious misdemeanor offenses, gross immorality

violations, gross neglect of duty, mitigating factors outweigh any

aggravating factors or no aggravating factors present (20 to 30-day

suspension without pay and/or demotion or termination)

d. First Group III violation, serious misdemeanor offenses, gross immorality

violations, gross neglect of duty, aggravating factors outweigh any

mitigating factors or no mitigating factors present (25 to 30-day

suspension without pay and/or demotion or termination)

e. First Group III violation, felony offenses (termination)

f. Second Group III violation and mitigating factors outweigh any

aggravating factors or no aggravating factors present (15 to 30-day

suspension without pay)

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g. Second Group III violation and aggravating factors outweigh any

mitigating factors or no mitigating factors present (18 to 30-day

suspension without pay and/or demotion or termination)

h. Second Group III violation, serious misdemeanor offenses, gross

immorality violations, gross neglect of duty, (presumption of termination)

i. Any conviction resulting in a Weapons Disability (termination)

j. False Report, false statement, untruthfulness, or dishonesty (each of which

creates a presumption of termination)

K. Divisional records will be maintained in compliance with Ohio Public Records laws.

II. Procedures

A. After a misconduct investigation is completed by the assigned Unit/Bureau, the Internal

Affairs Superintendent or designee will review the investigation and forward it to the

Chief of Police to determine if corrective action is warranted. Where discipline is

deemed warranted, a charging letter shall be prepared, summarizing the underlying facts

and alleged policy violations. The Case Preparation Office will then schedule a pre-

disciplinary hearing for the member.

B. The Director of Public Safety, Chief of Police or designated representative will conduct

the pre-disciplinary hearing for the charged member and allow the opportunity for the

charged member and any pertinent witnesses to explain the circumstances of the

incident.

The hearing officer will review the facts and evidence presented during the pre-

disciplinary hearing and determine a finding of guilty or not guilty based on the

preponderance of the evidence standard.

The Case Preparation Officer will assist the Hearing Officer to determine the discipline

group category contained in the specification(s).

In cases where the Chief of Police or Director of Public Safety is not the hearing officer,

then the hearing officer will make a recommendation to the Chief of Police or Director

of Public Safety for a final determination and imposition of corrective action, if any, in

accordance with this General Police Order. The Case Preparation Office will notify the

member of the final disposition of the pre-disciplinary hearing.

C. The Division will not accept non-disciplinary corrective action as a substitute for

discipline where the disciplinary matrix calls for the imposition of discipline. However,

the Division will consider whether non-disciplinary corrective action (i.e., training,

remedial training, classroom instruction or transfer) is appropriate in addition to

discipline being imposed.

III. Documentation of Divisional Disciplinary Action

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A. To document the Division’s consistency in discipline and to demonstrate transparency in

such matters, the Case Preparation Officer in the Chief’s Office shall maintain files of

all disciplinary actions imposed by the Division. Documentation shall consist of the

following information:

1. Date of incident;

2. Date of discipline or non-disciplinary action;

3. Violations sustained;

4. Action taken.

B. The Case Preparation Officer shall cause a Divisional Notice to be issued on an as-

needed basis listing disciplinary decisions imposed by the Division.

IV. Separation from Service with Pending Discipline

A. Cleveland Civil Service Rule 8.43 states “Wherever an employee or officer in the

classified service has resigned while charges of misconduct were pending, such

resignation may not be withdrawn.”

CDW/bpc

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GPO 1.07

.06A

CLEVELAND DIVISION OF POLICE

CLEVELAND, OHIO

DIVISIONAL INFORMATION

DIST./BUR.

ZONE/UNIT

20

EXAMINED BY

RANK

20

FROM

TO

SUBJECT

Verbal Counseling

COPIES TO

Chief’s Office, District/Unit Files

Sir/Ma’am:

I have provided the following Verbal Counseling to:

Date of Incident:

Date of Counseling:

Location:

Name / Badge #

Description of Verbal Counseling:

Supervisor:

Signature

Badge #

Date

Member Co

mments:

Member:

Signature

Badge #

Date

Origina

l: District/Unit

__

___________________________________________________________________________________________________

_

__

______________________________________________________________________________________________________

_________

________________________________________________________________________________________________

_________________________________________________________________________________________________________

_______________________________________________________________________________________________________

__________ __

________________

____________________________________

__________________________________________

VERBAL COUNSELING

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GPO 1.

07.06A

ADDITIONAL COMMENTS:

_____________________________________________________________________________________________________

__

___________________________________________________________________________________________________

_____________________________________________________________________________________________________

VERBAL COUNSELING

Revised 08.08.2019

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