503 KAR 3:040. Telecommunications (Public Safety Dispatch) Academy trainee requirements; misconduct; penalties; discipline procedures.

 

      RELATES TO: KRS 15.530-15.590

      STATUTORY AUTHORITY: KRS 15A.070(1), (5)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1) requires the Department of Criminal Justice Training to establish, supervise, and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(5) authorizes the commissioner to promulgate administrative regulations. This administrative regulation establishes conduct requirements of trainees attending the telecommunications(public safety dispatch) academy conducted by the Department of Criminal Justice Training, procedures for disciplinary action, and penalties for violations of conduct requirements.

 

      Section 1. Uniforms and Criminal History Records Check Required. (1) A trainee shall wear a uniform, approved by the department, while participating in the academy.

      (2) The required uniform shall consist of:

      (a) Men:

      1. Polo shirt with DOCJT logo, supplied by the department;

      2. Solid black dress pants with belt loops. Cargo pants or low-cut pants shall not be worn;

      3. Black belt;

      4. Black socks above the ankles. Footies shall not be worn; and

      5. Black, plain-toe, dress shoes. Athletic shoes shall not be worn with the uniform.

      (b) Women:

      1. Polo shirt with DOCJT logo, supplied by the department;

      2. Solid black dress pants with belt loops or knee-length skirt. Cargo pants or low-cut pants shall not be worn;

      3. Black belt;

      4. Black socks or hose above the ankles. Footies or anklets shall not be worn; and

      5. Black, plain, closed-toe, dress shoes. Athletic shoes shall not be worn with the uniform.

      (3) The following may be worn with the uniform:

      (a) A dark blue or black jacket or sweater;

      (b) A black undershirt or turtleneck; and

      (c) The Department of Criminal Justice Training cap.

      (4) The trainee’s employing agency shall submit a letter to the department that:

      (a) A criminal history check, in accordance with 503 KAR 1:140, Section 4(1)(f) and (2), has been conducted within ninety (90) days before the trainee attends the Academy; and

      (b) The trainee is not prohibited by state or federal law from accessing the Criminal Justice Information System (CJIS) or any other restricted records database.

      (5) If the criminal history check required by KRS 15.540(1)(c) has been performed within ninety (90) days before the trainee arrives for the Academy, an additional criminal records check shall not be required of the employing agency.

 

      Section 2. Removing a Trainee from the Academy. (1) Unqualified trainee. If a trainee does not meet the law enforcement telecommunicator qualifications in KRS 15.540, he shall:

      (a) Be removed from the academy by the:

      1. Director;

      2. Branch manager; or

      3. Section supervisor; and

      (b) Not receive credit for completed portions of academy training.

      (2) If a trainee is removed from the academy, pursuant to subsection (1) of this section, within thirty (30) days of the removal, he may request in writing an administrative hearing, which shall comply with KRS Chapter 13B.

      (3) Agency request. The department shall remove a trainee from the academy upon written request of the trainee's law enforcement agency. The trainee shall not receive credit for completed portions of academy training.

 

      Section 3. Gifts. A gift from trainees to department staff shall conform with KRS Chapter 11A, the executive branch code of ethics.

 

      Section 4. Penalties for Misconduct. (1) The following penalties shall apply to a trainee’s failure to meet conduct or honor code requirements of the department. The penalties are listed in order of decreasing severity.

      (a) Expulsion. The trainee is dismissed from the academy, and all privileges are terminated.

      (b) Suspension. The trainee is suspended from the academy for a specified period of time; all privileges are rescinded during the suspension period.

      (c) Loss of privileges. The trainee's privileges as specified in the imposed penalty are rescinded for a stated period of time. The trainee's participation in academy activities is not affected.

      (d) Written reprimand. The trainee is reprimanded in writing for violating a conduct or honor code requirement.

      (e) Verbal warning. The trainee is warned verbally that he has violated a conduct or honor code requirement.

      (2) Second and subsequent violations.

      (a) If a trainee has received a penalty for violating a conduct or honor code requirement, upon a second violation of any conduct or honor code requirement the next higher penalty shall be added to the list of penalties which may be imposed for the second violation.

      (b) If a trainee has previously received two (2) penalties for violating two (2) conduct or honor code requirements, upon a third or subsequent violation of any conduct or honor code requirement the next two (2) higher penalties shall be added to the list of penalties which may be imposed for the third or subsequent violation.

      (3) Giving notice of disciplinary action to trainee and trainee's agency. The department shall give written notice to a trainee of any penalty imposed upon him. The trainee's agency shall be given written notice of any penalty imposed upon the trainee.

      (4) Penalty records.

      (a) The department shall keep a written record of a penalty imposed on a trainee by placing it in the trainee's file.

      (b) Except if required by law, a trainee's training file shall not be available for access except by:

      1. The department;

      2. The trainee; or

      3. The trainee's agency head.

 

      Section 5. Termination of Dangerous or Disruptive Situation. If the conduct or condition of a trainee constitutes an immediate danger or an immediate threat of danger to self or others, or is disruptive of, or is an immediate threat to be disruptive of a department activity, a department staff member may take all reasonable steps necessary to terminate the situation.

 

      Section 6. Conduct Requirements. A trainee attending the academy shall meet the following conduct requirements:

      (1) General conduct - chain of command. All communications shall follow chain of command of the department. Exceptions are the unavailability of a supervisor, or the trainee’s complaint regarding a supervisor. Penalty: verbal warning or written reprimand.

      (2) General conduct - insubordination. A trainee shall:

      (a) Obey a lawful order from a department staff member. Penalty: verbal warning, written reprimand, loss of privileges, or suspension.

      (b) Refrain from vulgarity, rudeness, confrontation, or other disrespectful conduct directed toward a department staff member, trainee, or other department trainee or guest. Penalty: verbal warning, written reprimand, or suspension.

      (3) General conduct - grooming.

      (a) A male trainee:

      1. Shall be clean shaven with sideburns no longer than the bottom of the ear lobe;

      2. May wear a mustache if he had it upon arrival and keeps it neatly trimmed; and

      3. Shall not wear a beard unless he receives permission from the department, based upon:

      a. A written request from the trainee’s agency; and

      b. A showing of good cause.

      (b) A trainee’s hair, male or female, shall:

      1. Not be unkempt; and

      2. Be kept above the collar.

      (c) A trainee shall:

      1. Practice good hygiene at all times; and

      2. Not wear excess perfume, cologne, or other scented body products.

      (d) Penalty: verbal warning or written reprimand.

      (4) General conduct - alcoholic beverages and other intoxicants.

      (a) A trainee shall not possess, consume, nor be under the influence of alcoholic beverages, controlled substances, or other intoxicating substances not therapeutically prescribed by a physician or a qualified medical professional while enrolled in the academy. Penalty: written reprimand, loss of privileges, suspension, or expulsion.

      (b) If a trainee has taken a controlled substance as prescribed by a physician or has taken any other medication, whether prescribed or not, he shall not participate in any academy activity if he is under the influence thereof to the extent that the trainee may be impaired or may endanger himself or other persons or property. A trainee shall advise the class coordinator or the section supervisor in writing of the use of a controlled substance or medication whether or not it has been prescribed by a physician or a qualified medical professional. Penalty: verbal warning, written reprimand, or suspension.

      (c) Confiscation.

      1. If a dormitory staff member, department instructor, section supervisor, branch manager, or other department staff observes an unlawfully-possessed intoxicating substance, he shall immediately confiscate it.

      2. A confiscated item shall be stored in a secure facility of the department until the item is disposed of by the department.

      (5) General conduct - weapons and other dangerous devices.

      (a) A trainee shall not possess deadly weapons (as defined in KRS 500.080), ammunition, destructive devices (as defined in KRS 237.030), booby trap devices (as defined in KRS 237.030), hazardous substances (as defined in KRS 224.01-400), fireworks, knives (except an ordinary pocketknife), or instruments used by law enforcement for control purposes (such as batons, stun guns, Mace, and pepper spray) on property used by the department except under circumstances specifically authorized by the department. Penalty: verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

      (b) Confiscation.

      1. If a dormitory staff member, department instructor, section supervisor, branch manager, director, or commissioner observes an unlawfully-possessed weapon or other dangerous device, he shall immediately confiscate it.

      2. Confiscated items shall be stored in a safe and secure facility of the department pending appropriate disposition.

      (6) General conduct - department property.

      (a) A trainee shall not damage, destroy, fail to return, or be wasteful of property of the department or any other facility used by the department. Penalty: verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

      (b) A trainee shall not have successfully completed the academy, and shall not be allowed to graduate until he has returned all issued items or made satisfactory arrangements to pay for unreturned or damaged items.

      (7) General conduct - conduct unbecoming a trainee. A trainee shall not:

      (a) Engage in criminal activity, including acts which would constitute a felony, misdemeanor or violation, while enrolled in the academy. Depending on the nature of the conduct, the trainee shall be penalized by a verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

      (b) Engage in conduct which creates a danger or risk of danger to the trainee or another, possess obscene material as defined in KRS 531.010, engage in conduct which is unreasonably annoying, engage in fighting, engage in violent, tumultuous or threatening conduct, or engage in sexual harassment or conduct which is patently offensive. Penalty: verbal warning, written reprimand, loss of privileges, or expulsion.

      (c) Engage in conduct which violates an Eastern Kentucky University policy or rule. The location of the policies and rules shall be provided to each trainee at the beginning of the academy training. Penalty: verbal warning, written reprimand, loss of privileges, or probation.

      (8) Academy activities - uniforms.

      (a) A trainee shall wear the uniform required by Section 1 of this administrative regulation. Penalty: verbal warning or written reprimand.

      (b) Uniforms shall be clean, pressed, and in good condition. Penalty: verbal warning or written reprimand.

      (c) A name tag, provided by the department, shall be worn on the right shirt breast. Penalty: verbal warning or written reprimand.

      (d) Sleeves on long-sleeved shirts shall not be rolled up. Penalty: verbal warning or written reprimand.

      (e) Additional clothing may be worn during an academy activity if authorized by the instructor.

      (9) Academy activities - absences.

      (a) A trainee shall be considered absent if he is not physically present in a class or other required department activity for more than ten (10) minutes. A trainee shall be considered tardy if he is not physically present at a class or other required department activity for fewer than ten (10) minutes. A trainee shall give advance notice of an absence if possible. Penalty: verbal warning or written reprimand.

      (b) An absence shall be excused if the trainee was absent due to:

      1. Illness;

      2. Illness of an immediate family member;

      3. Death of an immediate family member;

      4. Necessity of trainee's agency; or

      5. Emergency circumstances.

      (c) An absence from the academy shall be approved by the section supervisor or branch manager.

      (d) If a trainee's absence is excused, he shall make up for the absence by completing an assignment provided by the instructor who taught the missed unit. Failure to make up the work shall be deemed a failure for that academy area.

      (e) If a trainee’s absence is excused and he or she misses more than ten (10) percent of the total hours of the academy, the trainee shall be withdrawn from the academy and reenrolled in a subsequent class beginning at the point at which the trainee was absent. The time period for reenrollment in a subsequent class shall not exceed six (6) months from the date of the class from which the trainee was withdrawn.

      (f) If a trainee’s absence is unexcused and he or she misses more than ten (10) percent of the total hours of the academy, the trainee shall be withdrawn from the academy and receive no credit for completed training.

      (10) Academy activities - breaks. Trainees shall be allowed a ten (10) minute break per hour of instruction, if possible. A trainee shall not take a break in an area restricted by the department. Penalty: verbal warning or written reprimand.

      (11) Academy activities - general conduct.

      (a) A trainee shall be attentive during academy activities. Penalty: verbal warning or written reprimand.

      (b) A trainee shall not possess any electronic devices during scheduled training hours unless written permission is granted by the class coordinator. Electronic devices shall include cellular telephones, mp3-type audio players, cameras, and recording devices. Penalty: verbal warning or written reprimand.

      (c) A trainee shall not use tobacco products during, or bring food or drink into an academy activity unless so permitted by the branch manager, training director, or commissioner. Penalty: verbal warning or written reprimand.

      (d) A trainee shall not engage in conduct which creates or may create a risk of injury to others.

      (12) Academy activities - dishonesty. A trainee shall not cheat or attempt to cheat on a test or on any other assignment or activity; or alter or attempt to alter a test grade or other evaluation result; or engage in any other conduct intended to gain an undeserved evaluation for himself or another. Penalty: verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

      (13) Residence hall.

      (a) During the academy a trainee shall reside in the residence hall designated by the department.

      (b) A trainee shall return to his residence hall at curfew times designated by the commissioner, Sunday through Thursday evenings, and remain there until 5 a.m. the next morning. Exceptions shall be approved by the class coordinator and reported in writing through channels to the director. Penalty: verbal warning, written reprimand, or loss of privileges.

      (c) A trainee shall observe "lights out" by 11:30 p.m. Sunday through Thursday except on nights prior to an academic test when the time shall be extended to 12 midnight. Penalty: verbal warning or written reprimand.

      (d) Each trainee shall be responsible for cleaning his area. Each morning, prior to leaving for class training, a trainee shall ensure his room is clean and free of trash, with beds made and the room ready for inspection. Penalty: verbal warning, written reprimand, or loss of privileges.

      (e) Doors shall be locked whenever a room is unoccupied. Penalty: verbal warning or written reprimand.

      (f) The use of hot plates is prohibited. Penalty: verbal warning, written reprimand, or loss of privileges.

      (g) All residence hall rooms, closets, and containers therein may be inspected by department staff for purposes of safety, sanitation, and rule violations.

      (h) A trainee residing at the residence hall shall not:

      1. Have any person of the opposite sex in his room without the permission of the department. Penalty: verbal warning, written reprimand, loss of privileges, or suspension.

      2. Have a visitor in his room after 9 p.m. Penalty: verbal warning, written reprimand, or loss of privileges.

      3. Keep pets, animals, or birds of any kind in his room. Penalty: verbal warning, written reprimand, or loss of privileges.

      4. Engage in dangerous, disruptive, immoral, or obscene behavior. Penalty: verbal warning, written reprimand, loss of privileges, or suspension.

 

      Section 7. Honor Code. (1) The trainee shall abide by the provisions of the honor code which reads as follows: We are a dynamic team of individuals who possess a wide array of talent and strengths. In order for our team to grow and be successful, we will respect the leadership of the agency and follow directives to the best of our ability. We will make sacrifices for the benefit of the team. We will practice humility and show a spirit of compromise. As trainees of the Department of Criminal Justice Training, Telecommunications (Public Safety Dispatch) Academy, we will not lie, steal or cheat nor tolerate any among us who do. We will keep our private lives honorable as an example to all. We will be exemplary in obeying the laws of the Commonwealth and the administrative regulations of the Department of Criminal Justice Training. Whatever we see or hear of a confidential nature or confided to us in our official capacity shall be kept confidential unless revelation is necessary in the performance of duty. We will never allow personal feelings, prejudices, ill will, or friendships to influence our decisions. We know that each of us is individually responsible for standards of professional performance. Therefore, we will make the utmost effort to improve our level of knowledge and competence. We recognize the badge of our office as a symbol of public faith and accept it as a public trust to be held so long as we are true to the ethics of public safety. We will constantly strive to achieve these ideals, dedicating ourselves to our chosen profession - public safety.

      (2) The penalty for violating the honor code shall be: verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

      (3) All trainees shall report honor code violations to the class coordinator.

      (4) All disciplinary procedures contained in this administrative regulation shall apply to the honor code violation. The department may pursue separately any additional offenses discovered during the investigation of the honor code violation.

 

      Section 8. Department’s Responsibilities to Trainee’s Agency. In order to keep the agency advised of the trainee’s progress and performance in the academy so that the agency may adequately assess the trainee’s ability to perform required duties, the department shall provide the following to the police chief, sheriff, or chief administrator of the trainee’s agency:

      (1) Trainee performance report which shall be completed at the completion of the academy and shall include trainee conduct, demonstrated leadership abilities, examination scores, and overall effort on performance, observed social/interpersonal skills, and appearance.

      (2) Immediate notice of specific nonperformance, misconduct, or lack of progress.

      (3) Immediate notice of any off-campus activity which reflects negatively on the profession, including the following:

      (a) Parking an agency-owned or assigned vehicle at a:

      1. Bar;

      2. Tavern;

      3. Lounge;

      4. Nightclub; or

      5. Other establishment with the primary purpose of serving alcoholic beverages;

      (b) Disorderly conduct;

      (c) Speeding; or

      (d) Other behavior that gives rise to a complaint by a citizen, student, or department staff member.

 

      Section 9. Summary Discipline. Except for summary discipline, a penalty shall not be imposed upon a trainee unless charges have first been brought by the legal officer. (1) The following department staff members shall have the authority to impose the specified penalties summarily without meeting the requirements of the formal disciplinary procedures provided by Sections 10 through 15 of this administrative regulation. To have the authority to impose summary discipline, the staff member shall believe by a preponderance of the evidence that the trainee has engaged in the misconduct.

      (a) A department instructor may summarily impose a verbal warning.

      (b) The section supervisor, branch manager, director, or commissioner may summarily impose a verbal warning, written reprimand, or loss of privileges.

      (2) Before imposing a penalty summarily, the staff member shall give the trainee the opportunity to give an explanation.

      (3) A summarily imposed penalty shall be reviewed by, and may be rescinded or modified by, the immediate supervisor of the staff member imposing the penalty. The reviewer shall provide the trainee with the opportunity to give an explanation.

 

      Section 10. Removal From the Academy Pending an Initial Appearance Before the Commissioner. (1) If a request for charges is filed against a trainee, the commissioner or director may remove the trainee from some or all training until the trainee's initial appearance before the commissioner if he has reasonable grounds to believe the alleged misconduct took place and:

      (a) He has reasonable suspicion to believe the trainee would be dangerous or disruptive if not removed; or

      (b) The trainee may be charged with misconduct serious enough to authorize expulsion.

      (2) A trainee who has been removed from the academy pending an initial appearance before the commissioner shall be provided the initial appearance within three (3) training days of the removal.

 

      Section 11. Complaint. Anyone having reasonable grounds for believing that a trainee has violated a conduct or honor code requirement identified in this administrative regulation may file a complaint with the section supervisor. This complaint shall be in writing setting forth the facts upon which the complaint is based.

 

      Section 12. Investigation by Section Supervisor. (1) If the section supervisor receives a complaint of a witness's apparent misconduct, he shall take statements and otherwise investigate the matter.

      (2) After investigating the matter, the section supervisor shall:

      (a) Take no action if none is justified by the evidence;

      (b) Impose appropriate summary discipline; or

      (c) File, with the legal officer, a written request that charges be brought against the trainee. The request for charges shall describe the alleged misconduct and designate the specific conduct requirements violated. All pertinent evidence and documents including the complaint, and statements of the trainee and witnesses shall be forwarded to the legal officer.

 

      Section 13. Review by Legal Officer; Placing Charges. (1) The legal officer shall review the request for charges and the supporting evidence and documents.

      (2) The legal officer may make or cause further inquiry into the matter for additional information.

      (3) The legal officer shall either:

      (a) File any charges against the trainee as he believes are justified by the evidence; or

      (b) Deny the request for charges if the evidence does not support any charges. If the legal officer declines to file charges, he shall provide the commissioner with a statement of his reasons for not filing charges.

      (4) The charging document shall:

      (a) Be in writing;

      (b) Particularly describe the alleged misconduct so as to reasonably inform the trainee of the nature of the allegation;

      (c) State the time, date, and place the trainee shall make an initial appearance before the commissioner to answer the charges;

      (d) Be signed by the legal officer; and

      (e) Be served upon the trainee at least one (1) hour before his initial appearance before the commissioner.

 

      Section 14. Initial Appearance Before the Commissioner. (1) The initial appearance before the commissioner shall be held no more than three (3) training days after the charges have been served on the trainee. If the trainee, after receiving proper notice, fails to appear, the commissioner may proceed in his absence and the trainee shall be notified in writing of any action taken.

      (2) At the initial appearance before the commissioner:

      (a) The legal officer shall:

      1. Read the charges to the trainee; and

      2. Explain to the trainee:

      a. The charges;

      b. His right to a hearing in accordance with KRS Chapter 13B; and

      c. His right to be represented by legal counsel.

      (b) The legal officer shall explain to the trainee the possible answers to the charges: admit the charges are true, deny the charges are true but waive a hearing, or deny the charges are true and ask for a hearing.

      (c) The commissioner shall advise the trainee of the penalty which shall be imposed if the trainee admits the charges or waives a hearing.

      (d) The trainee shall be requested to answer the charges.

      (e) If the trainee chooses to waive his rights and admits the charges or denies the charges but waives a hearing:

      1. He shall be permitted to make a statement of explanation; and

      2. The commissioner shall impose a penalty.

      (f) If the trainee denies the charges and requests a hearing, or refuses to answer the charges, the commissioner shall set a date for the hearing. A notice of administrative hearing as required by KRS 13B.050 shall be served on the trainee within forty-eight (48) hours of the initial appearance before the commissioner.

      (3) The commissioner may remove the trainee from some or all training until the hearing if:

      (a) He has reasonable grounds to believe the trainee would be dangerous or disruptive if not removed; or

      (b) The trainee is charged with misconduct serious enough to authorize expulsion as a possible penalty.

 

      Section 15. Hearing. The hearing shall be conducted in accordance with KRS Chapter 13B. (25 Ky.R. 2063; Am. 2877; eff. 6-16-99; 30 Ky.R. 2368; 31 Ky.R. 72; eff. 8-6-04; 36 Ky.R. 2379; 37 Ky.R. 709; 10-1-2010; 38 Ky.R. 1382; 1562; eff. 4-6-12.)