Formal complaint: Purpose and scope—responsibility to the community and other policy violations

OF
DATE
COSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0465
May 17, 2021
Complaint: The Office of Police Oversight received an online complaint alleging the following:
"I am a survivor of sexual assault whose only legal option was to press Class C Misdemenor
assault charges against my assailant (as the new charge of "indecent contact" had
been
passed, but did not go into legal affect until a month later). Due to trauma (I have since
been diagnosed with PTSD), I had a delay in reporting, but began the reporting process
roughly two months before the statute of limitations ran out. Because I was incorrectly told
by my detective, APD
, that the statute of limitations
requirements were met when I filed the report (as opposed to when charges are filed against
him by the DA office which is actually the case), the deadline was missed by only days
and charges were not file- EVEN WITH A WRITTEN CONFESSION by my assailant.
The deadline could have been met easily if he had given me the correct information on the
statute of limitations, and also if he had not delayed getting me the information that I
needed (my assailant's address) to file charges with the DA's office. In fact, I could have
filed the charges without that information, but because he had said I had already met the
deadline, I didn't file the charges with the info that I had, didn't contact the DA's office to
explain the situation to ensure the case would be processed before the deadline, and I didn't
press Detective
to hurry up and get me my assailant's address. PLEASE NOTE,
I have a screenshot of him erroneously informing me by email that the statute of limitations
had been met when I filed my police report. PLEASE ALSO NOTE that I am additionally
complaining that he never informed me of the Texas Victim's Compensation Fund, which
could have potentially prevented me from receiving thousands if I had not been informed
of it elsewhere. PLEASE ALSO NOTE that I am additionally complaining that I reached
out to Detective
about this issue and he never wrote me back. PLEASE ALSO
NOTE that completely blowing getting justice for a sexual assault in a case where there
was literally a written confession is pretty in keeping with how exceptionally despicably
survivors of sexual assault are treated by the police, and it was completely emotionally
devastating for me and leaves me very unsafe."
This notice of formal complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service Rules, and
Municipal Civil Service Rules.
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.
OF
CITY
AUTHORIZED
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
Recommended Administrative Policies to Review (to include but not limited to):
301.1 PURPOSE AND SCOPE - RESPONSIBILITY TO THE COMMUNITY
All persons deserve protection by fair and impartial law enforcement and should be able to expect
similar police response to their behavior wherever it occurs. Employees will serve the public
through direction, counseling, assistance, and protection of life and property. Employees will be
held accountable for the manner in which they exercise the authority of their office or position.
Employees will respect the rights of individuals and perform their services with honesty, sincerity,
courage, and sound judgment.
403.3 CASE ASSIGNMENT AND RESPONSIBILITY
Generally, follow-up investigations shall be the responsibility of the Investigative Unit assigned
to the case. Report routing to an Investigative Unit is an automated process that is controlled by
the title code(s) used. Unit ownership of a title code is programmed into the current reporting
system and updated as needed.
(c) When assigned to a case for follow-up investigation, investigators shall proceed with due
diligence in evaluating and preparing the case for appropriate clearance or presentation to
court personnel for the filing of criminal charges.
601.5 INFORMATION FOR ALL VICTIMS OF CRIME AND TRAUMATIC EVENTS
All Department personnel, including officers, are responsible for providing victims of crimes
against persons and traumatic events with victim assistance information. This information is
contained in the English (pink) and Spanish (yellow) brochures entitled "Victim Assistance
Information". These brochures are provided to the Department by Victim Services personnel upon
request.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department,
employees must conduct themselves at all times in a manner which does not bring reproach,
discredit, or embarrassment to the Department or to the City.
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B classification.
The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to
communications will be provided upon request.