RELATES TO:
KRS
15.380(1)(c),
15.3975
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.070(1) requires the
Department of Criminal Justice Training to establish, supervise, and coordinate
training programs and schools for law enforcement personnel.
KRS
15A.070(5) authorizes the
commissioner of the Department of Criminal Justice Training to promulgate
administrative regulations. This administrative regulation establishes conduct
requirements of trainees attending the Certified Court Security Officers
academy conducted by the Department of Criminal Justice Training, procedures
for disciplinary action, and penalties for violations of conduct
requirements.
Section 1. Uniforms and
Criminal History Records Check Required.
(1)
A trainee shall acquire and wear the designated uniform of his or her employing
agency while participating in the academy. If an agency has not adopted a
uniform, male trainees shall wear a shirt and tie and female trainees shall
wear business casual for women. Penalty: verbal warning, written reprimand,
loss of privileges, or probation.
(2) A uniform shall be:
(a) Clean, pressed, and in good condition;
and
(b) Appropriately sized to fit
the trainee and not excessively loose, baggy, or tight. Penalty: verbal warning
or written reprimand.
(3) Jewelry.
(a) The trainee may wear one (1) ring per
hand. A wedding and engagement ring worn together shall be considered one (1)
ring.
(b) Necklaces, earrings,
bracelets, and other jewelry shall not be worn unless authorized by the
coordinator.
(c) The penalty for
violation of this subsection shall be a verbal warning or written
reprimand.
(4) Optional
clothing may be worn during a training activity if authorized by the class
coordinator or an instructor.
(5)
The trainee's employing agency shall submit Form 151 to the department stating
that:
(a) A criminal history check, in
accordance with
503
KAR 1:140, Section 4(1)(f) and (2), has been conducted
within ninety (90) days before the trainee attends the Academy for Certified
Court Security Officers; and
(b)
The trainee is not prohibited by state or federal law from accessing the
Criminal Justice Information System (CJIS) or any other restricted records
database.
(6) If the
criminal history check required by
KRS
15.3971(1)(e) and (k) has
been performed within ninety (90) days before the trainee arrives for the
academy, an additional criminal records check shall not be required of the
employing agency.
Section
2. Removing a Trainee from the Academy.
(1) Unqualified trainee. If the Department
discovers that a trainee does not meet the Certified Court Security Officer
qualifications in
KRS
15.3971, he shall:
(a) Be removed from the academy by the:
1. Director;
2. Branch manager; or
3. Section supervisor; and
(b) Not receive credit for
completed portions of academy training.
(2) If a trainee is removed from the academy
he may request an administrative hearing, conducted in accordance with the
requirements of KRS Chapter 13B, within thirty (30) days of the removal. The
request for an administrative hearing shall be in writing.
(3) Agency request. The department shall
remove a trainee from the academy upon written request of the trainee's law
enforcement agency. The trainee shall not receive credit for completed portions
of academy training.
Section
3. Gifts. A gift from trainees to department staff shall conform
with KRS Chapter 11A, the executive branch code of ethics.
Section 4. Penalties for Misconduct.
(1) The penalties established in this section
shall apply to a trainee's failure to meet conduct or honor code requirements
of the department. The penalties are listed in order of decreasing severity.
(a) Expulsion. The trainee is dismissed from
the academy, and all privileges are terminated.
(b) Suspension. The trainee is suspended from
the academy for a specified period of time; all privileges are rescinded during
the suspension period.
(c) Loss of
privileges. The trainee's privileges as specified in the imposed penalty are
rescinded for a stated period of time. The trainee's participation in academy
activities is not affected.
(d)
Written reprimand. The trainee is reprimanded in writing for violating a
conduct or honor code requirement.
(e) Verbal warning. The trainee is warned
verbally that he has violated a conduct or honor code requirement.
(2) Second and subsequent
violations.
(a) If a trainee has received a
penalty for violating a conduct or honor code requirement, upon a second
violation of any conduct or honor code requirement the next higher penalty
shall be added to the list of penalties that may be imposed for the second
violation.
(b) If a trainee has
previously received two (2) penalties for violating two (2) conduct or honor
code requirements, upon a third or subsequent violation of any conduct or honor
code requirement the next two (2) higher penalties shall be added to the list
of penalties that may be imposed for the third or subsequent
violation.
(3) Notice of
disciplinary action to trainee and trainee's agency. The department shall give
written notice to a trainee of any penalty imposed upon him. The trainee's
agency shall be given written notice of any penalty imposed upon the trainee
except a verbal warning, and shall be given verbal notice if a trainee has been
charged with a violation of a conduct or honor code requirement and has
requested a hearing.
(4) Penalty
records.
(a) The department shall keep a
written record of a penalty imposed on a trainee by placing it in the trainee's
file.
(b) Except if required by
law, a trainee's training file shall not be available for access except by:
1. The department, including the department's
use of redacted records for accreditation purposes;
2. The trainee; or
3. The trainee's agency head.
Section 5.
Termination of Dangerous or Disruptive Situation. If the conduct or condition
of a trainee constitutes an immediate danger or an immediate threat of danger
to self or others, or is disruptive of, or is an immediate threat to be
disruptive of a department activity, a department staff member may take all
reasonable steps necessary to terminate the situation.
Section 6. Conduct Requirements. A trainee
attending the academy shall meet the conduct requirements established in this
section.
(1) General conduct - chain of
command. All communications shall follow the chain of command of the
department. Exceptions are the unavailability of a supervisor, or the trainee's
complaint regarding a supervisor. Penalty: verbal warning or written
reprimand.
(2) General conduct -
insubordination. A trainee shall:
(a) Obey a
lawful order from a department staff member. Penalty: verbal warning or written
reprimand, loss of privileges, probation, or suspension; and
(b) Refrain from:
1. Engaging in sexual activity on Department
property;
2. Physical contact with
another person that is inappropriate in a professional training setting, for
example, hugging or kissing;
3.
Vulgarity;
4. Sexual
harassment;
5. Rudeness;
6. Confrontation; and
7. Other disrespectful conduct directed
toward a department staff member, trainee or other department trainee or guest.
Penalty: verbal warning, written reprimand, loss of privileges,
probation, suspension, or expulsion.
(3) General conduct - grooming.
(a) A male trainee:
1. Shall be clean shaven with sideburns no
longer than the bottom of the ear lobe;
2. May wear a mustache if he had it upon
arrival and keeps it neatly trimmed; and
3. Shall not wear a beard unless he receives
permission from the department, based upon a written request from the trainee's
agency.
(b) A trainee's
hair shall:
1. Not be unkempt; and
2. Be kept above the collar.
(c) Penalty: verbal warning or
written reprimand.
(4)
General conduct - alcoholic beverages and other intoxicants.
(a) Regardless of amount, a trainee shall not
possess, consume nor be under the influence of alcoholic beverages, controlled
substances, or other intoxicating substances not therapeutically prescribed by
a physician or a qualified medical professional while attending a basic
training course which shall include all dates of training and periods when
residing in the dormitory, including the weekend if the trainee is granted
permission to stay beyond the normal Friday evening checkout.
(b) "Attending a basic training course" shall
not include the weekend period during which trainees check out of the dormitory
and return to their homes.
(c) A
trainee shall not report to the dormitory having consumed alcoholic beverages,
controlled substances, or other intoxicating substances.
(d) A trainee shall submit to testing as
requested by the department to determine the presence of alcoholic beverages,
or controlled or other intoxicating substances at the department's
expense.
(e) Testing shall not be
required to impose a penalty under this subsection, but may be requested if a
department or dormitory staff member, instructor, section supervisor, branch
manager, director, or commissioner has a reasonable suspicion that the trainee
has violated the provisions of this section.
(f) Testing may be randomly requested of all
members of an academy class or all dormitory residents. If a test is requested,
a trainee shall be considered to have consumed alcoholic beverages if his or
her blood alcohol concentration is 0.01 percent or greater.
(g) If a trainee has taken a controlled
substance as prescribed by a physician or a qualified medical professional or
has taken any other medication, whether prescribed or not, he shall not
participate in any academy activity if he is under the influence thereof to the
extent that the trainee may be impaired or may endanger himself or other
persons or property. A trainee shall advise the class coordinator or the
section supervisor in writing of the use of a controlled substance or
medication whether or not it has been prescribed by a physician or a qualified
medical professional.
(h) Penalty:
verbal warning, written reprimand, loss of privileges, probation, suspension,
or expulsion.
(i) Confiscation.
1. If a dormitory staff member, department
instructor, section supervisor, or branch manager observes an unlawfully
possessed intoxicating substance, he shall immediately confiscate it.
2. A confiscated item shall be stored in a
secure facility of the department until the item is returned to the trainee at
the completion of the academy, or disposed of by the department.
(5) General conduct -
weapons and other dangerous devices.
(a) Due
to the accidents that have occurred in the training setting in other
jurisdictions, a trainee shall not possess the following on property used by
the department except under circumstances specifically authorized by the
department:
1. Deadly weapons as defined in
KRS
500.080;
2. Ammunition;
3. Destructive devices as defined in
KRS
237.030;
4. Booby trap devices as defined in
KRS
237.030;
5. Hazardous substances as defined in
KRS
224.1-400;
6. Fireworks; or
7. Instruments used by law enforcement for
control purposes, such as batons, stun guns, Mace, and pepper spray.
(b) Weapons specifically
designated by the department to be used for training purposes shall be stored
in a vault provided by the department at all times when they are not being used
directly in academy activities and may be removed only for scheduled training,
servicing, cleaning, or repair. Servicing, cleaning, and repairs of weapons
(other than repairs that may require the expertise of a qualified gunsmith)
shall be carried out only as authorized by the section supervisor and only in
the presence of a certified firearms instructor.
(c) Penalty: verbal warning, written
reprimand, loss of privileges, or probation.
(d) Confiscation.
1. If a dormitory staff member, department
instructor, section supervisor, branch manager, director, or commissioner
observes a weapon or other dangerous device possessed in violation of this
subsection, he shall immediately confiscate it.
2. Confiscated items shall be stored in a
safe and secure facility of the department pending appropriate
disposition.
(6) General conduct - department property.
(a) A trainee shall not damage, destroy, fail
to return, or be wasteful of property of the department or any other facility
used by the department. Penalty: verbal warning, written reprimand, loss of
privileges, probation, suspension, or expulsion.
(b) A trainee shall not have successfully
completed the academy, and shall not be allowed to graduate until he has
returned all issued items or made satisfactory arrangements to pay for
unreturned or damaged items.
(7) General conduct - conduct unbecoming a
trainee. A trainee shall not:
(a) Engage in
criminal activity, including acts which would constitute a felony, misdemeanor,
or violation, while enrolled in the academy.
(b) Engage in conduct that creates a danger
or risk of danger to the trainee or another;
(c) Possess obscene material as defined in
KRS
531.010;
(d) Engage in conduct that is
annoying;
(e) Engage in fighting or
in violent, tumultuous, or threatening conduct;
(f) Engage in sexual harassment; or
(g) Engage in conduct that is offensive.
Penalty: verbal warning, written reprimand, loss of privileges, probation,
suspension, or expulsion.
(8) Academy activities - absences.
(a) A trainee shall be considered absent if
he is not physically present in a class or other required department activity
for more than ten (10) minutes. A trainee shall be considered tardy if he is
not physically present at a class or other required department activity for
fewer than ten (10) minutes. A trainee shall give advance notice of an absence
if possible. Penalty for unexcused absence: verbal warning, written reprimand,
loss of privileges, probation, or suspension. Penalty for unexcused tardiness:
verbal reprimand or written reprimand.
(b) An absence shall be excused if the
trainee was absent due to:
1.
Illness;
2. Illness of an immediate
family member;
3. Death of an
immediate family member;
4.
Necessity of trainee's agency; or
5. Emergency circumstances.
(c) An absence from the academy
shall be approved by the section supervisor or branch manager.
(d) If a trainee is absent, excused or
unexcused, he shall make up for the absence by completing an assignment
provided by the instructor who taught the missed unit. Failure to make up the
work shall be deemed a failure for that academy area.
(e) If a trainee is absent for a combined
period of more than ten (10) percent of the academy, he or she may be required
to return to a later class in order to complete all coursework.
(9) Academy activities - breaks.
Trainees shall be allowed a ten (10) minute break per hour of instruction if
possible. A trainee shall not take a break in an area restricted by the
department. Penalty: verbal warning or written reprimand.
(10) Academy activities - general conduct.
(a) A trainee shall be attentive during
academy activities. Penalty: verbal warning or written reprimand.
(b) A trainee shall not possess any
electronic devices during scheduled training hours unless approval is granted
by the class coordinator. Electronic devices shall include cellular telephones,
mp3-type audio players, cameras, and recording devices. Penalty: verbal warning
or written reprimand.
(c) A trainee
shall not use tobacco products during, or bring food or drink into an academy
activity. Penalty: verbal warning or written reprimand.
(d) A trainee shall not engage in conduct
that creates or may create a risk of injury to others during a training
session. Penalty: probation, suspension, or expulsion.
(11) Academy activities - dishonesty. A
trainee shall not cheat or attempt to cheat on a test or on any other
assignment or activity; or alter or attempt to alter a test grade or other
evaluation result; or engage in any other conduct intended to gain an
undeserved evaluation for himself or another. Penalty: suspension or
expulsion.
(12) Residence hall.
(a) During the academy a trainee shall reside
in the residence hall designated by the department. Upon request of the head of
the trainee's agency, exceptions shall be approved by the training director or
his designee. Costs incurred as a result of an approved request shall not be
the responsibility of the Department of Criminal Justice Training.
(b) A trainee shall return to his residence
hall at curfew times designated by the commissioner, Sunday through Thursday
evenings, and remain there until 5 a.m. the next morning. Exceptions shall be
approved by the class coordinator and reported in writing through channels to
the director. Penalty: verbal warning, written reprimand, loss of privileges,
or probation.
(c) A trainee shall
observe "lights out" by 11:30 p.m. Sunday through Thursday except on nights
prior to an academic test when the time shall be extended to 12 midnight.
Penalty: verbal warning or written reprimand.
(d) Each trainee shall be responsible for
cleaning his area. Each morning, prior to leaving for class training, a trainee
shall ensure his room is clean and free of trash, with beds made and the room
ready for inspection. Penalty: verbal warning, written reprimand or loss of
privileges.
(e) Doors shall be
locked whenever a room is unoccupied. Penalty: verbal warning, written
reprimand or loss of privileges.
(f) A hot plate shall not be used in the
residence hall. Penalty: verbal warning, written reprimand or loss of
privileges.
(g) All residence hall
rooms, closets, and containers therein may be inspected by department staff for
purposes of safety, sanitation, and rule violations.
(h) A trainee residing at the residence hall
shall not:
1. Have any person of the opposite
sex in his room without the permission of the department. Penalty: verbal
warning, written reprimand, loss of privileges, probation, or
suspension.
2. Have a visitor in
his room after 9 p.m. Penalty: verbal warning, written reprimand, or loss of
privileges.
3. Keep pets, animals,
or birds of any kind in his room. Penalty: verbal warning, written reprimand,
or loss of privileges.
4. Engage in
dangerous, disruptive, immoral or obscene behavior. Penalty: verbal warning,
written reprimand, loss of privileges, probation, suspension, or
expulsion.
Section 7. Honor Code. The trainee shall
abide by the provisions of the honor code which reads as follows: We are a
dynamic team of individuals who possess a wide array of talent and strengths.
In order for our team to grow and be successful, we will respect the leadership
of the agency and follow directives to the best of our ability. We will make
sacrifices for the benefit of the team. We will practice humility and show a
spirit of compromise. As trainees of the Department of Criminal Justice
Training, Certified Court Security Officers Academy, we will not lie, steal or
cheat nor tolerate any among us who do. We will keep our private lives
honorable as an example to all. We will be exemplary in obeying the laws of the
Commonwealth and the administrative regulations of the Department of Criminal
Justice Training. Whatever we see or hear of a confidential nature or confided
to us in our official capacity shall be kept confidential unless revelation is
necessary in the performance of duty. We will never allow personal feelings,
prejudices, ill will or friendships to influence our decisions. We know that
each of us is individually responsible for standards of professional
performance. Therefore, we will make the utmost effort to improve our level of
knowledge and competence. We recognize the badge of our office as a symbol of
public faith and accept it as a public trust to be held so long as we are true
to the ethics of the police service. We will constantly strive to achieve these
ideals, dedicating ourselves to our chosen profession - law enforcement.
Penalty: verbal warning, written reprimand, loss of privileges, probation,
suspension, or expulsion.
All disciplinary procedures contained in this administrative
regulation shall apply to the honor code violation. The department may pursue
separately any additional offenses discovered during the investigation of the
honor code violation.
Section
8. Department's Responsibilities to Trainee's Agency. In order to
keep the agency advised of the trainee's progress and performance in the
certified court security officers academy so that the agency may adequately
assess the trainee's ability to perform required duties, the department shall
provide the following to the sheriff of the trainee's agency:
(1) Immediate notice of specific
nonperformance, misconduct, or lack of progress; and
(2) Immediate notice of any off-campus
activity that reflects negatively on the profession, including the following:
(a) Parking a marked police vehicle at a:
1. Bar;
2. Tavern;
3. Lounge;
4. Nightclub; or
5. Other establishment with the primary
purpose of serving alcoholic beverages;
(b) Disorderly conduct;
(c) Speeding; or
(d) Other behavior that gives rise to a
citizen's complaint.
Section 9. Summary Discipline. Except for
summary discipline, a penalty shall not be imposed upon a trainee unless
charges have first been brought by the legal officer.
(1) The department staff members listed in
this subsection may impose the specified penalties summarily without meeting
the requirements of the formal disciplinary procedures provided by Sections 10
through 15 of this administrative regulation. To have the authority to impose
summary discipline, the staff member shall believe by a preponderance of the
evidence that the trainee has engaged in the misconduct.
(a) A department instructor may summarily
impose a verbal warning.
(b) The
section supervisor, branch manager, director, or commissioner may summarily
impose a verbal warning, written reprimand, or loss of privileges.
(2) Before imposing a penalty
summarily, the staff member shall give the trainee the opportunity to give an
explanation.
(3) A summarily
imposed penalty shall be reviewed by, and may be rescinded or modified by, the
immediate supervisor of the staff member imposing the penalty. The reviewer
shall provide the trainee with the opportunity to give an
explanation.
Section 10.
Removal from the Academy Pending an Initial Appearance Before the Commissioner.
(1) If a request for charges is filed against
a trainee, the commissioner or director may remove the trainee from some or all
training until the trainee's initial appearance before the commissioner if he
has reasonable grounds to believe the alleged misconduct took place and:
(a) He has reasonable suspicion to believe
the trainee would be dangerous or disruptive if not removed; or
(b) The trainee may be charged with
misconduct serious enough to authorize expulsion.
(2) A trainee who has been removed from the
academy pending an initial appearance before the commissioner shall be provided
the initial appearance within three (3) training days of the removal.
Section 11. Complaint. Anyone
having reasonable grounds for believing that a trainee has violated a conduct
or honor code requirement identified in this administrative regulation may file
a complaint with the section supervisor. This complaint shall be in writing
setting forth the facts upon which the complaint is based.
Section 12. Investigation by Section
Supervisor.
(1) If the section supervisor
receives a complaint of or witnesses apparent misconduct, he shall take
statements and otherwise investigate the matter.
(2) After investigating the matter, the
section supervisor shall:
(a) Take no action
if none is justified by the evidence;
(b) Impose appropriate summary discipline;
or
(c) File, with the legal
officer, a written request that charges be brought against the trainee.
1. The request for charges shall describe the
alleged misconduct and designate the specific conduct requirements
violated.
2. All pertinent evidence
and documents including the complaint, and statements of the trainee and
witnesses shall be forwarded to the legal officer.
Section 13. Review by
Legal Officer; Placing Charges.
(1) The legal
officer shall review the request for charges and the supporting evidence and
documents.
(2) The legal officer
may make or cause further inquiry into the matter for additional
information.
(3) The legal officer
shall either:
(a) File any charges against the
trainee that he believes are justified by the evidence; or
(b) Deny the request for charges if the
evidence does not support any charges.
(4) If the legal officer declines to file
charges, he shall provide the commissioner with a statement of his reasons for
not filing charges.
(5) The
charging document shall:
(a) Be in
writing;
(b) Particularly describe
the alleged misconduct so as to reasonably inform the trainee of the nature of
the allegation;
(c) State the time,
date, and place the trainee shall make an initial appearance before the
commissioner to answer the charges.
(d) Be signed by the legal officer;
and
(e) Be served upon the trainee
at least one (1) hour before his initial appearance before the
commissioner.
Section
14. Initial Appearance Before the Commissioner.
(1) The initial appearance before the
commissioner shall be held no more than three (3) training days after the
charges have been served on the trainee. If the trainee, after receiving proper
notice, fails to appear, the commissioner may proceed in his absence and the
trainee shall be notified in writing of any action taken.
(2) At the initial appearance before the
commissioner:
(a) The legal officer shall:
1. Read the charges to the trainee;
and
2. Explain to the trainee:
a. The charges;
b. His right to a hearing in accordance with
KRS Chapter 13B; and
c. His right
to be represented by legal counsel.
(b) The legal officer shall explain to the
trainee that he shall answer the charges by:
1. Admitting the charges are true;
2. Denying the charges are true but waiving a
hearing; or
3. Denying the charges
are true and requesting a hearing.
(c) The commissioner shall advise the trainee
of the penalty that shall be imposed if the trainee admits the charges or
waives a hearing.
(d) The trainee
shall be requested to answer the charges.
(e) If the trainee chooses to waive his
rights and admits the charges or denies the charges but waives a hearing:
1. He shall be permitted to make a statement
of explanation; and
2. The
commissioner shall impose a penalty.
(f) If the trainee denies the charges and
requests a hearing, or refuses to answer the charges, the commissioner shall
set a date for the hearing, notice of which shall be provided in writing to the
trainee.
(3) The
commissioner may remove the trainee from some or all training until the hearing
if:
(a) He has reasonable grounds to believe
the trainee would be dangerous or disruptive if not removed; or
(b) The trainee is charged with misconduct
serious enough to authorize expulsion as a possible penalty.
Section 15. Hearing.
The hearing shall be conducted in accordance with KRS Chapter 13B.
Section 16. Incorporation by Reference.
(1) DOCJT Form 151, "Applicant Confirmation",
05-08-14, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Department of Criminal
Justice Training, Funderburk Building, Kit Carson Drive, Richmond, Kentucky
40475-3102, Monday through Friday, 8:00 a.m. to 4:30 p.m.