503 KAR 3:100. Department of Criminal Justice Training - Kentucky Police Corps basic training course cadet conduct requirements; procedures and penalties.

503 KAR 3:100. Department of Criminal Justice Training - Kentucky Police Corps basic training course cadet conduct requirements; procedures and penalties.

RELATES TO: KRS 15A.070(1), 42 U.S.C. 14091-14102

STATUTORY AUTHORITY: KRS 15A.070(1), (5), 15A.150, 42 U.S.C. 14094, 14097

NECESSITY, FUNCTION, AND CONFORMITY: 42 U.S.C. 14094(a) requires a state desiring to participate in the Police Corps Program to designate a lead agency to submit and administer the program in the state. KRS 15A.150 designates the Justice and Public Safety Cabinet to administer all state and federally-funded grant programs related to criminal justice. This administrative regulation establishes the conduct requirements for cadets attending the Kentucky Police Corps basic training course conducted by the Department of Criminal Justice Training, prescribes procedures for disciplinary action, and sets penalties.

Section 1. Definitions. (1) "Cadet" means a person attending the Police Corps basic training course;

(2) "OPCLEE" means the Office of the Police Corps and Law Enforcement Education of the United States Justice Department;

(3) "Police Corps basic training" means the 1,290 1/2 hour council approved basic training course conducted by the department; and

(4) "Police Corps Director" means the director of the Police Corps section of the department, or his designee.

Section 2. Uniforms and Operator's License Required. A cadet shall provide the uniforms required in Section 8(8) of this administrative regulation and present a valid motor vehicle operator's license to participate in the Police Corps basic training course.

Section 3. Class Coordinator. (1) The class coordinator for a Police Corps basic training class shall also serve as its ombudsman.

(2) The class coordinator shall be available to:

(a) Assist cadets who experience problems during Police Corps basic training;

(b) Explain the Department of Criminal Justice Training - Kentucky Police Corps administrative regulations and position regarding cadet conduct and responsibilities; and

(3) The class coordinator shall ensure fair and equitable treatment for the cadets in his charge.

Section 4. Removing an Unqualified Cadet from Police Corps Basic Training. (1) If a cadet is not qualified to participate in the Police Corps basic training course, he shall:

(a) Be removed from Police Corps basic training by the:

1. Commissioner;

2. Director; or

3. Police Corps Director; and

(b) Not Receive credit for the part of the Police Corps basic training course he has completed.

(2) If a cadet is removed from training, pursuant to subsection (1)(a) 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) A cadet shall be considered unqualified if he:

(a) Files an incomplete or fraudulent application to attend Police Corps basic training, or otherwise fails to comply with admissions requirements;

(b) Does not meet all requirements for Police Corps participation as defined by the OPCLEE, in 42 U.S.C. 14091-14102 and 28 C.F.R. 92.1-92.13, including:

1. Not having received a bachelor’s degree from an accredited four (4) year college or university; and

2. Having previous law enforcement experience;

1. Physical injury;

2. Being under the influence of alcohol or drugs (prescription or illegal); or

3. Failure of the physical training entry requirements as found in 503 KAR 1:160;

(d) Has had prior disciplinary action while at the department which would prevent participation (expelled or suspended from training), or has a pending disciplinary action which was initiated during a previous department training course; or

(e) Is unprepared to participate in training due to his arrival without the required equipment, license, uniform, or preparation.

Section 5. Gifts. Gifts from cadets to department staff members shall conform with the Executive Branch Code of Ethics (KRS 11A.040).

Section 6. Penalties for Misconduct. (1) The following penalties shall apply to a cadet’s failure to meet conduct or Honor Code requirements of the department. The penalties are listed in order of decreasing severity.

(a) Expulsion. The cadet shall be dismissed from the Police Corps basic training course, and all privileges shall be terminated. The cadet shall be ineligible for future Police Corps basic training courses, and shall not reapply for admission to the department's basic training course for five (5) years from the date of expulsion.

(b) Suspension. The cadet shall be suspended from department training for a specified period of time, which shall not exceed one (1) year. All privileges shall be rescinded during the suspension period.

(c) Probation. The cadet shall be placed on probation for a specified period of time, which shall not exceed the final date of the Police Corps basic training course in which he is currently enrolled. A loss of privileges may be imposed during the period of probation. A violation of any conduct or Honor Code requirement during the period of probation shall result in an extension of the period of probation, additional loss of privileges, suspension, or expulsion.

(d) Loss of privileges. The cadet's privileges as specified in the imposed penalty shall be rescinded for a stated period of time. The cadet's participation in training activities shall not be affected.

(e) Written reprimand. The cadet shall be reprimanded in writing for violating a conduct or Honor Code requirement.

(f) Verbal warning. The cadet shall be warned verbally that he has violated a conduct or Honor Code requirement.

(2) Second and subsequent violations.

(a) If a cadet 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 cadet 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 cadet. The department shall give written notice to a cadet of any penalty imposed upon him.

(4) Penalty records.

(a) The department shall keep a written record of any penalty imposed on a cadet.

(b) A copy of any penalty imposed on a cadet shall be placed in his basic training file.

(c) Only the OPCLEE, the department, and the cadet shall have access to the penalty records in a cadet’s basic training file unless broader access is required by law.

Section 7. Termination of Dangerous or Disruptive Situation. If the conduct or condition of a cadet 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 8. Conduct Requirements. A cadet attending the Police Corps basic training course shall meet the following conduct requirements:

(1) General conduct, chain of command. All communications shall follow chain of command of the department. Exceptions shall be the unavailability of a supervisor, or the cadet’s complaint regarding a supervisor. The penalty shall be: verbal warning or written reprimand.

(2) General conduct, insubordination. A cadet shall:

(a) Obey a lawful order from a department staff member. The penalty shall be: verbal warning, written reprimand, loss of privileges, probation, or suspension.

(b) Refrain from vulgarity, rudeness, violent, threatening, or offensive confrontation, or other disrespectful conduct directed toward a department staff member, cadet, recruit or other department trainee, or guest. The penalty shall be: verbal warning, written reprimand, probation, or suspension.

(3) General conduct, grooming. The cadet shall be clean shaven with sideburns no longer than the bottom of the ear lobe. A mustache shall be permitted if the cadet had the mustache upon arrival and it is kept neatly trimmed. A cadet’s hair shall not be unkempt or over the collar. The penalty shall be: verbal warning or written reprimand.

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

(a) A cadet shall not possess, consume, nor be under the influence of alcoholic beverages, controlled substances, or other intoxicating substances not therapeutically prescribed by a physician while attending Police Corps basic training, which shall include all dates of training and periods when residing in the dormitory. A cadet shall not report to the dormitory having consumed alcoholic beverages, controlled substances, or other intoxicating substances not therapeutically prescribed by a physician. A cadet shall submit to testing as requested by the department to determine the presence of alcoholic beverages, or controlled or other intoxicating substances at the department's expense. Testing shall be requested if a department or dormitory staff member, instructor, section supervisor, branch manager, director, or commissioner has a reasonable suspicion that the cadet has violated the provisions of this section. Testing may be randomly requested of all cadets. The penalty shall be: written reprimand, loss of privileges, probation, suspension, or expulsion.

(b) If a cadet 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 training activity if he is under the influence thereof to the extent that the cadet may be impaired or may endanger himself or other persons or property. A cadet shall advise the class coordinator or the section supervisor in writing of the use of controlled substance or medication whether or not it has been prescribed by a physician. The penalty shall be: verbal warning, written reprimand, probation, or suspension.

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

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

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

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

(b) Weapons specifically designated by the department to be used for training purposes shall be stored in a vault provided by the department at all times when they are not being used directly in training activities and may be removed only for scheduled training, servicing, cleaning, or repair. Servicing, cleaning, and repairs of weapons (except for repairs which may require the expertise of a qualified gunsmith) shall be carried out only as authorized by the section supervisor and only in the presence of a certified firearms instructor. The penalty shall be: verbal warning, written reprimand, loss of privileges, or probation.

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 cadet shall not recklessly, negligently, or intentionally damage, destroy, fail to return, or be wasteful of property of the department or any other facility used by the department. The penalty shall be: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion.

(b) A cadet shall not have successfully completed Police Corps basic training, 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 cadet A cadet shall not:

(a) Engage in criminal activity, acts which would constitute a felony, misdemeanor or violation, while enrolled in a Police Corps basic training course. Depending on the nature of the conduct, the cadet shall be penalized by a verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion. Additionally, the appropriate prosecutorial authority shall be notified of the activity if it constitutes a felony or Class A misdemeanor, and may be notified of other activity if appropriate.

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

(8) Training activities, uniforms.

(a) A cadet shall maintain all issued uniforms and wear them as required by the department. The penalty shall be: verbal warning, written reprimand, loss of privileges, or probation.

(b) Navy blue utility uniforms shall be:

1. Clean, pressed, and in good condition;

2. Appropriately sized to fit the cadet and not excessively loose, baggy, or tight;

3. Worn over a clean white tee-shirt, visible at the neck; and

4. Worn with a wide black police-type belt, clean black police-type footwear, black or navy blue socks, and if outdoors, a department cap. The penalty shall be: verbal warning or written reprimand.

(d) Jewelry. The cadet may wear:

1. One (1) ring per hand. A wedding and engagement ring worn together on the left hand shall be considered one (1) ring; and

2. Necklaces if worn under the tee-shirt and not visible. The penalty shall be: verbal warning or written reprimand.

(e) A name tag, provided by the department, shall be worn on the left shirt-pocket flap while in navy blue uniform. The penalty shall be: verbal warning or written reprimand.

(f) Sleeves on winter shirts shall not be rolled up outside the classroom. The penalty shall be: verbal warning or written reprimand.

(g) Additional clothing may be worn during a training activity if authorized by the instructor.

(9) Training activities, absences.

(a) A cadet shall be absent if he is not physically present in a class or other required department activity for ten (10) minutes or more. A cadet shall be tardy if he is not physically present at a class or other required department activity for fewer than ten (10) minutes. A cadet shall give advance notice of an absence if possible. Penalty for an unexcused absence shall be: verbal warning, written reprimand, loss of privileges, probation, or suspension; penalty for an unexcused tardiness shall be: verbal warning or written reprimand.

(b) All absences from Police Corps basic training shall be approved by the director, or Police Corps Director.

(c) If a cadet is absent, excused, or unexcused, 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 training area.

(10) Training activities, breaks. Cadets shall be allowed a ten (10) minute break per hour of instruction if possible. Breaks shall be taken only in areas designated by the department. The penalty shall be: verbal warning or written reprimand.

(11) Training activities, general conduct.

(a) A cadet shall be attentive during training activities. The penalty shall be: verbal warning or written reprimand.

(b) A cadet shall not use tobacco products during, or bring food or drink into a training activity unless so permitted by the training director or commissioner. The penalty shall be: verbal warning or written reprimand.

(c) A cadet shall not engage in conduct which creates or may create a risk of injury to others during a training session. The penalty shall be: probation, suspension, or expulsion.

(d) A cadet shall complete assignments by the deadline established by the instructor or coordinator. The penalty shall be: verbal warning or written reprimand.

(12) Training activities, dishonesty.

(a) A cadet shall not cheat or attempt to cheat on a test, or alter or attempt to alter a test grade or other evaluation result. A cadet shall not permit, assist, or facilitate this conduct by another cadet. The penalty shall be: suspension or expulsion.

(b) A cadet shall not cheat or attempt to cheat on any other assignment or activity, engage in any other conduct intended to gain an undeserved evaluation, or falsify a document provided to the department during Police Corps basic training. A cadet shall not permit, assist, or facilitate this conduct by another cadet. The penalty shall be: written reprimand, loss of privileges, probation, suspension, or expulsion.

(13) Residence hall.

(a) During the Police Corps basic training course, if attending in Madison County, a cadet shall reside in the residence hall designated by the department.

(b) A cadet shall return to his residence hall at curfew times designated by the commissioner, Sunday through Thursday evenings, and Friday or Saturday if a training session is scheduled for the following day, 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. The penalty shall be: verbal warning, written reprimand, loss of privileges, or probation.

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

(e) Doors shall be locked if a room is unoccupied. The penalty shall be: verbal warning or written reprimand.

(f) The use of cooking appliances or space heaters shall be prohibited. The penalty shall be: 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 cadet residing at the residence hall shall not:

1. Have any person of the opposite sex in his room, or visit in the room of a cadet of the opposite sex without the permission of the department. The penalty shall be: verbal warning, written reprimand, loss of privileges, probation, or suspension.

2. Have anyone, other than roommate, in his or her room after 9 p.m. The penalty shall be: verbal warning, written reprimand, or loss of privileges.

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

4. Engage in dangerous, disruptive, immoral, or obscene behavior. The penalty shall be: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion.

Section 9. Honor Code. (1) The cadet 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 cadets of the Department of Criminal Justice Training, Police Corps basic training class, 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 the police service. We will constantly strive to achieve these ideals, dedicating ourselves to our chosen profession - law enforcement. The penalty shall be: verbal warning, written reprimand, loss of privileges, probation, suspension or expulsion.

(2) The coordinator, in cooperation with the class shall designate a minimum of one (1) Honor Code representative during the first week of Police Corps basic training. The Honor Code representative may be replaced:

(a) If nonperformance of duties, including conduct violations; or

(b) If the coordinator, in cooperation with the class, determines that a rotating assignment as Honor Code representative is in the best interest of the class.

(3) All cadets shall report Honor Code violations to the Honor Code representative who shall report the offense to the class coordinator. The representative shall recommend the penalty to be imposed for the violation.

(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. The department may charge a cadet with an Honor Code violation without a prior report from the Honor Code representative. A penalty recommendation for the violation shall be solicited from the Honor Code representative.

Section 10. Department’s Responsibilities to Sponsoring Agency. In order to keep the sponsoring agency advised of the cadet’s progress and performance in Police Corps basic training so that the agency may adequately assess the cadet’s ability to perform required duties, the department shall provide the following to the police chief, sheriff, or chief administrator of the cadet’s sponsoring agency:

(1) Cadet performance report which shall be completed at six (6) week intervals and shall include cadet conduct, demonstrated leadership abilities, examination scores, physical fitness scores and overall effort on performance, observed social and interpersonal skills, and appearance.

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

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

(a) Disorderly conduct;

(b) Speeding; or

(4) Written notice of any conduct or Honor Code penalty imposed upon the cadet.

(5) Notice when a cadet has been charged with a violation of a conduct or Honor Code requirement and has requested a hearing.

(6) Notice when a cadet has been removed from training pending an initial appearance before the commissioner as defined in Section 11 of this administrative regulation, or when a cadet has been removed from training pending a disciplinary hearing as defined in Section 15(3) of this administrative regulation.

Section 11. Summary Discipline. Except for summary discipline, a penalty shall not be imposed upon a cadet unless charges have first been brought by the legal officer.

(1) The following department staff members have the authority to impose the specified penalties summarily without meeting the requirements of the formal disciplinary procedures provided by Sections 11 through 17 of this administrative regulation. To have the authority to impose summary discipline, the staff member shall have reasonable grounds to believe the cadet has engaged in the misconduct.

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

(b) The section supervisor, Police Corps Director, branch manager, director, or commissioner may summarily impose a verbal warning, or written reprimand.

(c) The Police Corps Director, branch manager, director, or commissioner may summarily impose a verbal warning, written reprimand, or loss of privileges consisting only of a change in curfew.

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

Section 12. Removal From Training Pending an Initial Appearance Before the Commissioner. (1) When a charge is filed against a cadet, the commissioner or director, in consultation with the Police Corps Director, may remove the cadet from some or all training until the cadet’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 cadet would be dangerous or disruptive if not removed; or

(b) The cadet has been charged with misconduct for which suspension or expulsion is authorized, and the facts demonstrate that suspension or expulsion is the appropriate penalty should the cadet be found guilty of the conduct violation.

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

Section 13. Complaint. Anyone having reasonable grounds to believe that a cadet has violated any of the conduct or Honor Code requirements identified in this administrative regulation may file a complaint with the section supervisor, or Police Corps Director. This complaint shall be in writing setting forth the facts upon which the complaint is based.

Section 14. Investigation by Police Corps Director or Section Supervisor. (1) If the Police Corps Director or section supervisor receives a complaint of or witnesses apparent misconduct, he shall take statements and otherwise investigate the matter.

(2) After investigating the matter, the Police Corps Director or section supervisor shall:

(a) Not take any 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 cadet. 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 cadet and witnesses shall be forwarded to the legal officer.

Section 15. 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:

(a) File any charges against the cadet that 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 cadet of the nature of the allegation;

(c) State the time, date, and place the cadet 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 cadet at least forty-eight (48) hours before his initial appearance before the commissioner.

Section 16. Initial Appearance Before the Commissioner. (1) The initial appearance before the commissioner shall be held no more than five (5) training days after the charges have been served on the cadet. If the cadet, after receiving proper notice, fails to appear, the commissioner may proceed in his absence and the cadet 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 cadet; and

2. Explain to the cadet:

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 cadet 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 cadet of the penalty which shall be imposed if the cadet admits the charges or waives a hearing. The commissioner’s recommendation regarding penalty shall be made in consultation with the Police Corps Director.

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

(e) If the cadet 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 cadet denies the charges and requests a hearing, 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 cadet within forty-eight (48) hours of the initial appearance before the commissioner.

(g) If the cadet remains silent or refuses to answer the charges, the commissioner, in consultation with the Police Corps Director, may suspend the cadet from training until the cadet answers the charges or the legal officer drops the charges.

(3) The commissioner, in consultation with the Police Corps Director, may remove the cadet from some or all training until the hearing if:

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

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

Section 17. Hearing. The hearing shall be conducted in accordance with KRS Chapter 13B. (29 Ky.R. 847; Am. 1784; eff. 1-16-2003; 30 Ky.R. 2372; eff. 8-6-04.)