Current through Register 1527, August 2, 2024
Section 3.12 - Reserve/Intermittent Training Program Offenses, Corrective Action and Dismissals(1)Classes of Offenses for Reserve/Intermittent Training Programs. Offenses are set forth in the Abstract of Delinquencies section of the Committee's sub-regulatory policies and procedures, and may be supplemented by training program sub-regulatory policies, procedures, rules and regulations approved pursuant to 550 CMR 3.05(1). Training program offenses have been categorized into two classes, determined by the seriousness of the offense, as follows: (a)Class I. Commission of a Class I offense shall result in dismissal from the training program for disciplinary reasons, pursuant to 550 CMR 3.10(4)(c).(b)Class II. Commission of a Class II offense shall, at a minimum, result in the student officer preparing a "To-from" memorandum to the program administrator or staff instructor by the accused student officer and upon a finding the offense occurred, the issuance of an oral disciplinary warning to the student officer.(2)Reserve/Intermittent Training Program Levels of Corrective Action. In keeping with the concept of progressive discipline, corrective action shall be consistent with, and appropriate for, the student officer's conduct that resulted in the breach, and any other history of misconduct while at the training program. The following levels of escalating corrective action shall be utilized:(a)To-from Memorandum. The student officer shall write a To-from Memorandum for all offenses. This level of corrective action, by itself, shall not be considered disciplinary.(b)Admonishment and Oral Disciplinary Warning. Commission of any Class II offense for which there is no reasonable explanation, in the discretion of the program administrator, shall result in admonishment and an oral disciplinary warning. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the program administrator and distributed in accordance with the directions on the form, with a copy being forwarded to the employing/sponsoring department.(c) Written Disciplinary Warning. Commission of any Class II offense after an oral disciplinary warning, shall result in a written disciplinary warning being issued to the student officer. Only the program administrator may issue a written disciplinary warning. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the program administrator and distributed in accordance with the directions on the form.(3)Reserve/Intermittent Training Program Dismissal for Disciplinary Reasons. A student officer who commits any of the following shall, if the circumstances warrant, be dismissed for disciplinary reasons: (a) Commission of a Class I offense; or(b) After receiving a written disciplinary warning, commission of any two additional Class II offenses or another Class II offense the same as the one generating the written disciplinary warning. If the program administrator determines that the circumstances do not warrant dismissal, then a written disciplinary warning must issue. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the program administrator and distributed in accordance with the directions on the form.