Kansas Administrative Regulations › Agency 106 - LAW ENFORCEMENT TRAINING COMMISSION › Article 2 - DEFINITIONS › Section 106-2-3 - Unprofessional conduct

Current through Register Vol. 43, No. 28, July 11, 2024
"Unprofessional conduct," pursuant to K.S.A. 74-5616 and
				amendments thereto, shall mean any of the following:
(a) Willfully or repeatedly violating one or
			 more regulations promulgated by the commission;
(b) having had a license, certification, or
			 other credential to act as an officer denied, revoked, conditioned, or
			 suspended; having been publicly or privately reprimanded or censured by the
			 licensing authority of another state, agency of the United States government,
			 territory of the United States, or country; or having had other disciplinary
			 action taken against the applicant or licensee by a licensing authority of
			 another state, agency of the United States government, territory of the United
			 States, or country. A certified copy of the record or order of public or
			 private reprimand or censure, denial, suspension, condition, revocation, or
			 other disciplinary action of the licensing authority of another state, agency
			 of the United States government, territory of the United States, or country
			 shall constitute prima facie evidence of such a fact for purposes of this
			 subsection;
(c) willfully failing
			 to report to the appointing authority or its designee knowledge gained through
			 observation that another officer engaged in conduct that would be grounds for
			 discipline by the commission;
(d)
			 willfully disclosing criminal history record information or other information
			 designated as confidential by statute or regulation, except for a legitimate
			 law enforcement purpose or when required by order of a court or agency of
			 competent jurisdiction;
(e) taking,
			 threatening to take, or failing to take action as an officer if the action is
			 or reasonably would appear to be motivated by a familial, financial, social,
			 sexual, romantic, physical, intimate, or emotional relationship;
(f) using excessive physical force in
			 carrying out a law enforcement objective. As used in this subsection, physical
			 force shall be deemed excessive if it is greater than what a reasonable and
			 prudent officer would use under the circumstances;
(g) exploiting or misusing the position as an
			 officer to obtain an opportunity or benefit that would not be available but for
			 that position;
(h) exploiting or
			 misusing the position as an officer to establish or attempt to establish a
			 financial, social, sexual, romantic, physical, intimate, or emotional
			 relationship;
(i) failing to
			 report, in the manner required by the revised Kansas code for care of children,
			 reasonable suspicion that a child has been harmed as a result of physical,
			 mental, or emotional abuse or neglect;
(j) engaging in any of the following conduct,
			 except for a legitimate law enforcement purpose:
(1) Intentionally using a false or deceptive
			 statement in any official document or official communication;
(2) committing conduct likely to endanger the
			 public;
(3) performing duties as an
			 officer while using or under the influence of alcohol;
(4) using any prescription-only drug, as
			 defined by K.S.A. 65-1626 and amendments thereto, that impairs the officer's
			 skill or judgment in performance of duties as an officer; or
(5) using any controlled substance that is
			 unlawful to possess, as defined by K.S.A. 2021 Supp. 21-5706 and amendments
			 thereto;