West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-10 - West Virginia State Police Professional Standards Investigations, Employee Rights, Early Identification System, Psychological Assessment And Progressive Discipline › Section 81-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, unless used in a context that clearly
				  requires a different meaning, the following terms shall mean:
2.1. Administrative or Internal
				Investigation: An investigation conducted at the direction of the
				Superintendent and pursuant to a special order, by or on behalf of the
				Professional Standards Section, intended to determine if misconduct has
				occurred and whether administrative sanctions are warranted for an employee
				named in a complaint.
2.2. Case
				File: The entire collection of confidential documents and certain items of
				tangible evidence, including the final report, relating to an internal
				investigation.
2.3. Complaint: Any
				allegation of an act by an employee which is contrary to written rules,
				procedures, directives, or orders of the State Police; or an act or omission
				which, if substantiated, would constitute a violation of the law or which tends
				to indicate an actual or potential defect in agency rules, policies,
				procedures, directives, orders, or the delivery of services. A disagreement
				with a policy or law or the proper application of a policy or law is not
				considered a complaint.
2.4.
				Counseling: A documented discussion with the employee about a work performance
				or behavior problem which, if not corrected, could lead to a disciplinary
				action.
2.5. Critical Incident: Any
				incident where an employee is caused to employ potentially lethal force in the
				form of a firearm, a vehicle, or other potentially lethal force; an incident
				resulting in the death or severe injury of a co-worker or any other person; or
				the use of deadly force by anyone against the employee or a co-worker leading
				to death, physical injury, or psychological injury.
2.6. Discharge: An involuntary dismissal from
				employment ordered by the Superintendent and effected by written State Police
				special order.
2.7. Disciplinary
				action: Formal, corrective measures based on a violation of established
				standards of conduct, which includes discussion of the offense, an explanation
				of the evidence, and issuance of a written notice by the
				Superintendent.
2.8. Early
				Identification System: A system designed to analyze real-time data pertaining
				to complaints lodged against employees and employee's involvement in response
				to resistance or aggression incidents. The system identifies employees who may
				be experiencing stress or other problems which may adversely affect job
				performance.
2.9. Employee: Any
				employee of the State Police.
2.10.
				Employee Grievance Procedures: The procedures initiated by sworn members and
				civilian employees, to address and resolve perceived adverse supervisory
				decisions, policy failures, and other work-related complaints.
2.11. External Complaint: A complaint
				initiated by someone other than an employee.
2.12. Insubordination: A willful disregard of
				an employer's instructions. An act of disobedience to proper authority.
				Insubordination shall include, but is not limited to, resistance or defiance of
				authority, disobedience, refusal or failure to obey reasonable and lawful
				instructions, insolence, rudeness, rebellious, or disobedient
				behavior.
2.13. Internal Complaint:
				A complaint initiated by an employee.
2.14. Investigator: Any supervisory member
				authorized by the Section to conduct an internal investigation as provided for
				in this rule.
2.15.
				Officer-in-Charge, Professional Standards Section or OIC: That member
				designated by the Superintendent to oversee and direct the operations of the
				Section.
2.16. Personnel Complaint
				Form: A form to file a formal complaint against an employee of the State Police
				that can be obtained via the State Police website or at any State Police
				facility.
2.17. Section: The
				Professional Standards Section of the State Police.
2.18. Section Files: The files maintained by
				the Section of the State Police which include reports of response to resistance
				or aggression incidents, vehicle pursuit documentation, department crashes,
				psychological assessments/fitness for duties, and internal/external
				complaints.
2.19. Superintendent:
				The Superintendent of the State Police or his or her duly authorized
				agent.
2.20. Suspension: An
				involuntary separation from the State Police during a limited period for
				disciplinary reasons.