D.C. Mun. Regs. tit. 6, r. 6-A2199
Whenever used in these regulations, unless plainly evident from the context that a different meaning is intended, the following terms are defined as follows:
Allegation(s): The conduct that forms the basis of a complaint for misconduct.
Board: The Police Complaints Board, which consists of five members appointed by the Mayor and confirmed by the Council of the District of Columbia.
Chief of Police: The Chief of the Metropolitan Police Department or District of Columbia Housing Authority Police Department.
Complainant: The person filing a complaint with OPC who alleges that he or she is a victim of, the guardian, parent or personal representative of a victim or, or has personal knowledge of alleged misconduct by a sworn member of the MPD or DCAHPD.
Complaint: An allegation of misconduct made by a person against a sworn officer who was either on-duty at the time of the incident or who, while off-duty, was acting under color of law during an incident occurring within the District of Columbia.
Complaint Examiner: The person designated by the Executive Director to determine the merits of a complaint.
Conciliation: A process whereby the Executive Director or his designated representative meets with the complainant(s) and the subject officer(s) and attempts to settle the allegations in a mutually satisfactory manner.
Day: In computing any period of time prescribed or allowed by the Act or these regulations, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Discriminatory treatment: Conduct by a member of the MPD or DCHAPD that results in the disparate treatment of persons because of their race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, political affiliation, source of income, place of residence or business or any other ground of discrimination prohibited under the statutory and the common law of the District of Columbia.
Evidentiary hearing: A proceeding overseen by a complaint examiner at which testimony and other evidence is presented in order to determine the merits of a complaint.
Excessive or Unnecessary Force: Unreasonable use of power, violence, or pressure under the particular circumstances. Factors to be considered when determining the "reasonableness" of a use of force include the following:
Harassment: Words, conduct, gestures or other actions directed at a person that are purposefully, knowingly or recklessly in violation of the law or internal guidelines of the MPD or DCHAPD, so as to (1) subject the person to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or (2) deny or impede the person in the exercise or enjoyment of any right, privilege, power or immunity. In determining whether conduct constitutes harassment, OPC will look to the totality of the circumstances surrounding the alleged incident, including, where appropriate, whether the officer adhered to applicable orders, policies, procedures, practices and training of the MPD or DCHAPD, the frequency of the alleged conduct, its severity, and whether it is physically threatening or humiliating.
Insulting, demeaning or humiliating language or conduct: Language or conduct that is intended to or has the effect of causing a reasonable person to experience distress, anxiety or apprehension.
Mediation: An informal dispute resolution process, facilitated by a neutral third party, whereby the complainant and the subject officer meet in good faith to discuss the alleged misconduct with the goal of reaching a resolution of the complaint.
Mediator: A neutral third party who has contracted with OPC to attempt to mediate disputes between complainants and subject officers.
Merits Determination: The complaint examiner's written findings of fact regarding all material issues of fact and law. This document will include the complaint examiner's determination as to whether each allegation of misconduct is unfounded, sustained, presents insufficient facts, or whether the officer is exonerated.
Misconduct: Abuse or misuse of police power by a sworn officer directed toward any person who is not a sworn officer, including:
Personal Knowledge: Direct knowledge of the incident from which the allegations arose, as the victim of or witness to the alleged misconduct.
Preponderance of Evidence: Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.
Policy Training: A referral of a complaint to the MPD or DCHAPD when the action of the officer appears to be a violation of an MPD General Order, District Code, constitutional ruling, or other guiding authority and correction is best accomplished through additional training.
Rapid Resolution: A referral of a complaint to MPD or DCHAPD when it appears the officer acted in compliance with all rules and regulations to direct the MPD or DCHAPD to contact the complainant and address the concerns of the complainant.
Retaliation: Action that discriminates against a person for making or attempting to make a complaint pursuant to the Act, including action taken against a person because he or she has opposed any practice made unlawful by this Act or because he or she has made a complaint or expressed an intention to file a complaint, testified, assisted, or participated in any manner in an investigation, mediation, conciliation, complaint examination or other proceeding under this Act.
Review Panel: A panel of three complaint examiners, appointed by the Executive Director that reviews and determines the merits of allegations in the complaint that the Chief of Police determines is not supported by the evidence.
Subject Officer: A sworn member of the MPD or DCHAPD against whom an allegation of misconduct has been made in a complaint.
D.C. Mun. Regs. tit. 6, r. 6-A2199