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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-A. POLICE PERSONNEL |
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Chapter 6-A21. THE CITIZEN COMPLAINT REVIEW BOARD AND THE OFFICE OF CITIZEN COMPLAINT REVIEW |
Section 6-A2120. FINDINGS OF FACT AND DETERMINATION
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2120.1Within thirty (30) days of either the conclusion of the hearing, the submission of written briefs, if required, or the assignment to a complaint examiner of a case that does not require an evidentiary hearing, the complaint examiner shall make written findings of fact and a determination of the merits of the complaint.
2120.2In the merits determination, the complaint examiner shall make one of the following decisions about each allegation in the complaint:
(a)"Unfounded," where the investigation determined no facts to support that the incident complained of actually occurred;
(b)"Sustained," where the complainant's allegation is supported by sufficient evidence to determine that the incident occurred and the actions of the officer were improper;
(c)"Insufficient facts," where there are insufficient facts to decide whether the alleged misconduct occurred;or
(d)"Exonerated," where a preponderance of the evidence shows that the alleged conduct did occur but did not violate the policies, procedures, practices, orders or training of the MPD or the covered law enforcement agency.
2120.3If the complaint examiner finds that no allegation in the complaint is sustained or the subject officer is exonerated on all allegations, the Executive Director shall dismiss the complaint and send written notice of such determination, along with copies of the merits determination, to the Chief of Police, the complainant, and the subject officer.
2120.4If the complaint examiner determines that one or more allegations in the complaint is sustained, the Executive Director shall transmit the Office's investigative report, together with the attached exhibits, as well as the merits determination of the complaint examiner, to the Chief of Police for appropriate action. The Office shall also provide the complainant and subject officer with written notices of such determination, along with copies of the merits determination.
2120.5The complaint examiner's written findings of fact and determination may not be rejected by the Chief of Police unless they clearly misapprehend the record before the complaint examiner and are not supported by substantial, reliable, and probative evidence in that record.