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

Link to law: http://www.lrc.ky.gov/kar/503/003/040.htm
Published: 2015

      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; or

      (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 Form 151 to the department stating 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 penalties established in this section 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, including the

department’s use of redacted records for accreditation purposes;

      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 conduct requirements established

in this section:

      (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) Jewelry.

      1. A trainee may wear one (1) ring per

hand. A wedding ring and engagement ring worn together shall be considered one

(1) ring.

      2. Necklaces, earrings, bracelets, and

other jewelry shall not be worn unless authorized by the coordinator.

      (d) A trainee shall:

      1. Practice good hygiene at all times;

and

      2. Not wear excess perfume, cologne, or

other scented body products.

      (e) 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 224.1-400), 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 and interpersonal skills, and appearance;

      (2) Immediate notice of specific

nonperformance, misconduct, or lack of progress; and

      (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 department staff

members listed in this subsection may 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 or witnesses

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.

 

      Section 16. Incorporation by Reference.

(1) DOCJT Form 151, "Applicant Confirmation", 05-08-14, is

incorporated by reference.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at Department of

Criminal Justice Training, Funderburk Building, Kit Carson Drive, Richmond,

Kentucky 40475-3102, Monday through Friday, 8:00 a.m. to 4:30 p.m. (25 Ky.R. 2063; Am.

2877; eff. 6-16-1999; 30 Ky.R. 2368; 31 Ky.R. 72; eff. 8-6-2004; 36 Ky.R. 2379;

37 Ky.R. 709; 10-1-2010; 38 Ky.R. 1382; 1562; eff. 4-6-2012; 41 Ky.R. 104; 454;

eff. 10-3-2014.)
Read Entire Law on www.lrc.ky.gov