Formal complaint: Policy

OF
CLASS
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0925
September 7, 2021
Complaint: Complainant alleges he was in the 144-cadet class, and he has been discriminated
against for comments/opinions while participating in various scenarios in class. Complainant
alleges during his introduction in class he shared information about constant harassment and
encounters by the
Police Department. Complainant alleges he believes he was treated
differently because his last name is
and his family has had run ins with the police, but
it has nothing to do with him because he has never been in trouble with the police. Complainant
alleges after his options/feedback in class he was told by one of his mentors that a cadet had given
a hate speech and they did not want that cadet in the police department. Complainant alleges after
those other cadets seemed upset with him and they treated him differently. Complainant alleges
once after he gave his option about other scenarios in class he was taken out of the classroom and
Corporal
gave him other scenarios outside of class and asked him questions that he had not
been trained in. Complainant alleges once a Guest speaker attended their class and ask for the
cadets to share their stories. Complainant alleges the other cadet wanted him to tell his story about
again, SO he told the same story as before. Complainant alleges afterwards Corporal
said he never put those encounters on his background check and asked him to write it up.
Complainant alleges afterwards he got called out of class one day and was told they were
investigating his statement and
PD had been contacted and they sent them his statement
and any help he needed APD was there to help. Complainant alleges he never talked to them about
it again. Complainant alleges that
morning after he took his test he was called out of class
and told he was being terminated for willingly admitting the information in his statement.
Complainant alleges he told them he never knew there was a space on his application for him to
put that information about the encounters with
and he did not willingly intend to deceive
anybody and the information in the statement was offered the first day of class and it was not a
problem then. Complainant alleges he thinks it was retaliation for his comments/opinions during
cadet interactions in class. Complainant alleges he spoke to other officers who told him they
thought they only had to write if they had been arrested not if there had been encounters with the
police.
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.
OF
GIVE
AUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
Recommended Administrative Policies to Review (to include but not limited to):
914.2 POLICY
The Austin Police Department is committed to providing a work environment that is free of
discrimination, harassment, sexual harassment, and retaliation and that ensures equal
employment opportunities for all employees. Discrimination, harassment, sexual harassment, and
retaliation based on a protected class, in any form, as defined in federal, state, or local law, will
not be tolerated. Protected classes include race, color, religion, creed, sex, gender, pregnancy
status, genetic information, sexual orientation, gender identity, national origin, ethnicity, age,
disability, and veteran status or other legally protected class.
Every employee is responsible for maintaining a professional environment free of discrimination,
harassment, sexual harassment, and retaliation, and for bringing to the City's attention conduct
that interferes with providing a work environment free of discrimination, harassment, sexual
harassment, and retaliation.
Findings of discrimination, harassment, sexual harassment, or retaliation against an employee
may result in discipline up to and including discharge or indefinite suspension.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO declines to make a recommendation.