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 81-10-5 - Complaint Filing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A person
				may file a complaint with any State Police employee within 12 months of the
				date of incident. If the complaint falls outside the statute of limitations,
				the OIC shall review the contents of the complaint, determine the seriousness
				of the allegations, and decide if an investigation is warranted. Whenever
				possible, employees receiving complaints shall attempt to refer the complainant
				to the affected employee's immediate supervisor who shall prepare the Personnel
				Complaint Form, or directly to the Section. If the immediate supervisor is not
				available and the complainant does not wish to contact the Section directly,
				the State Police employee shall take the complaint.
5.2. Any employee shall accept all complaints
				against other employees and complete the Personnel Complaint Form. The employee
				shall forward the completed form via electronic mail to the Section as soon as
				possible and mail the original directly to the Section.
5.3. The Personnel Complaint Form shall state
				the name of the involved employee, the date, time, and location of the alleged
				misconduct, a detailed description of the alleged misconduct, names of
				witnesses, and the remedy requested by the complainant. The Personnel Complaint
				Form shall contain a section that advises the complainant that providing false
				information to the State Police is a violation of W. Va. Code §
									15-2-16 and W. Va. Code §
									61-5-17(o), and
				that the State Police may pursue criminal and/or civil sanctions if the
				investigation determines the complaint or any statements made are without
				foundation, basis, false, or not factual. The form shall advise the complainant
				that he or she may be required to testify in court or administrative hearings
				regarding the complaint.
5.4. Any
				employee who fails to accept, record, and/or forward to the Section any
				complaint the employee receives is in violation of State Police policy and
				subject to disciplinary action. Employees receiving complaints are considered
				to have complied with complaint reporting requirements if the provisions of
				section 5.5 are met.
5.5. Employees
				receiving complaints shall advise complainants they may file a formal complaint
				by contacting the Section directly at (304) 746-2110 in lieu of filing the
				complaint at the local State Police office.
5.6. Employees taking complaints shall not
				make or retain a physical copy of the completed Personnel Complaint Form or any
				related documents other than those kept in the normal course of
				business.
5.7. Members accepting
				complaints involving the response to resistance or aggression by a State Police
				employee where the alleged victim of the response to resistance or aggression
				is present at the time the complaint is registered, shall take or cause to be
				taken detailed color photographs of the alleged victim whether or not any
				visible evidence of physical injury exists if the alleged victim consents to
				the taking of the photographs.
5.8.
				The OIC shall send a letter to the complainant, if known, acknowledging the
				complaint has been received for processing. The letter shall include the
				individual case number assigned to the matter and the name of a person who can
				relate the status of the investigation. Also, the OIC shall notify the
				employee, in writing, concerning the nature of the complaint, its status, and
				if any investigation is forthcoming as soon as a determination of the necessary
				scope of the investigation is complete. There is no duty under this section to
				notify an employee or complainant if the notification would hinder or
				jeopardize any investigation of the complaint. The OIC shall advise
				investigators regarding procedures for investigations, reviewing case files for
				completeness, and forwarding case files through the proper chain of command to
				the Superintendent for final review. The OIC shall send closing letters to all
				concerned parties upon completion of each investigation.
5.9. Complaints involving the Americans with
				Disabilities Act, Age Discrimination in Employment Act, or the Civil Rights
				Act, shall be acted upon in collaboration with the State Police Equal
				Employment Opportunity Counselor.