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 81-10-7 - Operational Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If an
				investigation conducted by or at the direction of the Section leads to
				information indicating that criminal charges could be filed, the investigator
				shall immediately notify the OIC who shall notify the Superintendent. The
				Superintendent may authorize a separate criminal investigation to be initiated
				by a member other than the investigator assigned to the internal investigation.
				If criminal charges are filed against an employee, the Superintendent may
				authorize the initiation or continuation of an on-going administrative
				investigation.
7.2. By virtue of W.
				Va. Code §
									15-2-21, the Superintendent has
				the sole discretion to demote, discharge, and suspend employees from duty. The
				Superintendent, upon receiving a complaint against an employee or upon
				otherwise learning of misconduct by an employee, may temporarily relieve the
				employee from duty pending further investigation, with or without compensation,
				pursuant to State Police operating policy and procedure. During any
				administrative leave attendant to an internal investigation, the employee shall
				surrender his or her State Police identification, and if a member, all badges,
				State Police issued weapons, or other State Police property in his or her
				possession or control. Further, members shall be relieved of any police
				authority during the pendency of any administrative leave.
7.3. The investigator, when possible, shall
				record the complainant's statement on audio and/or video or by handwritten
				statement signed by the complainant. The investigator shall not summarize or
				paraphrase interviews of the complainants in lieu of a handwritten or recorded
				statement. The investigator shall not permit conversations "off the record"
				unless the subject of the interview agrees and the record reflects when the
				conversation goes off the record, the purpose for doing so, and the time. Any
				recordings made pursuant to this section shall become an exhibit included in
				the case file. The OIC may have the statement transcribed and the transcription
				shall become a part of the case file.
7.4. The investigator, when possible, shall
				record any witness statements on audio and/or video or by handwritten statement
				signed by the witness. The investigator shall not summarize or paraphrase
				interviews of the witnesses in lieu of a recorded or handwritten statement. The
				recordings, transcriptions, and written statements shall be included in the
				case file by the investigator. The investigator shall not permit conversations
				"off the record" unless the subject of the interview agrees and the record
				reflects when the conversation goes off the record, the purpose for doing so,
				and the time. Any recordings made pursuant to this section shall become an
				exhibit included in the case file. The OIC may have the recordings transcribed
				and the transcription shall become a part of the case file.
7.5. Investigators shall gather all physical
				evidence connected with the case including, but not limited to, photographs,
				video recordings, audio recordings, reports, logs, drawings, sketches,
				pertinent records, and other background evidence.
7.6. During the internal investigation, the
				investigator shall avoid making assertions concerning his or her perception of
				the investigation which may result in the complainant reaching a premature or
				inappropriate conclusion regarding the final disposition of the matter.
				Further, the investigator shall not make assertions after having interviewed
				one principle or faction involved in the allegations.
7.7. The investigator shall include in the
				case file a notation of any instances of poor cooperation on the part of the
				complainant, the employee who is the subject of the complaint, or any witnesses
				or other persons interviewed during the internal investigation.
7.8. The investigator shall detail in an
				internal investigation report the facts ascertained during an internal
				investigation. The OIC shall determine the reporting format and the substance
				of all forms used pursuant to this rule. The investigator shall state a
				conclusion of fact for each allegation of misconduct alleged by the complainant
				or revealed by the investigation from among the following dispositions:
7.8.1. Sustained: The validity of the
				complaint has been established and proven by a preponderance of the
				evidence;
7.8.2. Not Sustained: The
				complaint is not established by the evidence and can be neither proven nor
				disproved by the evidence available;
7.8.3. Unfounded: The complaint is without
				foundation, basis, is false, or not factual;
7.8.4. Policy Failure: The allegation is
				true, and although the action of the member or the employee was not
				inconsistent with State Police policy, the complainant suffered harm;
7.8.5. Exonerated: The incident occurred, but
				the employee acted lawfully and properly; or
7.8.6. Withdrawn: The complaint was withdrawn
				by the complainant.