Washington Code 43.101.105 – Denial, suspension, or revocation of peace and corrections officer certification
Current as of: 2023 | Check for updates
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(1) To help prevent misconduct, enhance peace officer and corrections officer accountability through the imposition of sanctions commensurate to the wrongdoing when misconduct occurs, and enhance public trust and confidence in the criminal justice system, upon request by an officer’s employer or on its own initiative, the commission may deny, suspend, or revoke certification of, or require remedial training for, an officer as provided in this section. The commission shall provide the officer with written notice and a hearing, if a hearing is timely requested by the officer under RCW 43.101.155. Notice and hearing are not required when a peace officer voluntarily surrenders certification.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 43.101.105
- Applicant: means an individual who has received a conditional offer of employment with a law enforcement or corrections agency. See Washington Code 43.101.010
- Commission: means the Washington state criminal justice training commission. See Washington Code 43.101.010
- Convicted: means at the time a plea of guilty, nolo contendere, or deferred sentence has been accepted, or a verdict of guilty or finding of guilt has been filed, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial or postfact-finding motions and appeals. See Washington Code 43.101.010
- Corrections officer: means any corrections agency employee whose primary job function is to provide for the custody, safety, and security of adult persons in jails and detention facilities in the state. See Washington Code 43.101.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Oath: A promise to tell the truth.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Reserve officer: means any person who does not serve as a peace officer of this state on a full-time basis, but who, when called by an agency into active service, is fully commissioned on the same basis as full-time officers to enforce the criminal laws of this state and includes:
Washington Code 43.101.010Uphold: The decision of an appellate court not to reverse a lower court decision.
(2) The commission must deny or revoke the certification of an applicant or officer if the applicant or officer:
(a)(i) Has been convicted of:
(A) A felony offense;
(B) A gross misdemeanor domestic violence offense;
(C) An offense with sexual motivation as defined in RCW 9.94A.030;
(D) An offense under chapter 9A.44 RCW; or
(E) A federal or out-of-state offense comparable to an offense listed in (a)(i)(A) through (D) of this subsection (2); and
(ii)(A) The offense was not disclosed at the time of application for initial certification; or
(B) The officer was a certified peace officer or corrections officer at the time of the offense; and
(iii) The offense is not one for which the officer was granted a full and unconditional pardon; and
(iv) The offense was not adjudicated as a juvenile and the record sealed;
(b) Has been terminated by the employing agency or otherwise separated from the employing agency after engaging in, or was found by a court to have engaged in, the use of force which resulted in death or serious injury and the use of force violated the law;
(c) Has been terminated by the employing agency or otherwise separated from the employing agency after witnessing, or found by a court to have witnessed, another officer’s use of excessive force and:
(i) Was in a position to intervene to end the excessive use of force and failed to do so; or
(ii) Failed to report the use of excessive force in accordance with agency policy or law;
(d) Has been terminated by the employing agency or otherwise separated from the employing agency after knowingly making, or found by a court to have knowingly made, misleading, deceptive, untrue, or fraudulent representations in the practice of being a peace officer or corrections officer including, but not limited to, committing perjury, filing false reports, hiding evidence, or failing to report exonerating information. This subsection (2)(d) does not apply to representations made in the course and for the purposes of an undercover investigation or other lawful law enforcement purpose; or
(e) Is prohibited from possessing weapons by state or federal law or by a permanent court order entered after a hearing.
(3) The commission may deny, suspend, or revoke certification or require remedial training of an applicant or officer if the applicant or officer:
(a) Failed to timely meet all requirements for obtaining a certificate of basic law enforcement or corrections training, a certificate of basic law enforcement or corrections training equivalency, or a certificate of exemption from the training;
(b) Was previously issued a certificate through administrative error on the part of the commission;
(c) Knowingly falsified or omitted material information on an application to the employer or for training or certification to the commission;
(d) Interfered with an investigation or action for denial or revocation of certification by:
(i) Knowingly making a materially false statement to the commission;
(ii) Failing to timely and accurately report information to the commission as required by law or policy; or
(iii) In any matter under review or investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness;
(e) Engaged in a use of force that could reasonably be expected to cause physical injury, and the use of force violated the law or policy of the officer’s employer;
(f) Committed sexual harassment as defined by state law;
(g) Through fraud or misrepresentation, has used the position of peace officer or corrections officer for personal gain;
(h) Engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religion, creed, color, national origin, immigration status, disability, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status;
(i) Has affiliation with one or more extremist organizations;
(j) Whether occurring on or off duty, has:
(i) Been found to have committed a felony, without regard to conviction;
(ii) Engaged in a pattern of acts showing an intentional or reckless disregard for the rights of others, including but not limited to violation of an individual’s constitutional rights under the state or federal Constitution or a violation of RCW 10.93.160;
(iii) Engaged in unsafe practices involving firearms, weapons, or vehicles which indicate either a willful or wanton disregard for the safety of persons or property; or
(iv) Engaged in any conduct or pattern of conduct that: Fails to meet the ethical and professional standards required of a peace officer or corrections officer; disrupts, diminishes, or otherwise jeopardizes public trust or confidence in the law enforcement profession and correctional system; or demonstrates an inability or unwillingness to uphold the officer’s sworn oath to enforce the Constitution and laws of the United States and the state of Washington;
(k) Has been suspended or discharged, has resigned or retired in lieu of discharge, or has separated from the agency after the alleged misconduct occurred, for any conduct listed in this section; or
(l) Has voluntarily surrendered the person’s certification as a peace officer or corrections officer.
(4) In addition to the penalties set forth in subsection (3) of this section, the commission may require mandatory retraining or placement on probation for up to two years, or both. In determining the appropriate penalty or sanction, the commission shall consider: The findings and conclusions, and the basis for the findings and conclusions, of any due process hearing or disciplinary appeals hearing following an investigation by a law enforcement agency regarding the alleged misconduct, if such hearing has occurred prior to the commission’s action; any sanctions or training ordered by the employing agency regarding the alleged misconduct; and whether the employing agency bears any responsibility for the situation.
(5) The commission shall deny certification to any applicant who lost certification as a result of a break in service of more than 24 consecutive months if that applicant failed to comply with the requirements set forth in RCW 43.101.080(15) and 43.101.095(2).
(6) The fact that the commission has suspended an officer’s certification is not, in and of itself, a bar to the employing agency’s maintenance of the officer’s health and retirement benefits.
(7) Any suspension or period of probation imposed by the commission shall run concurrently to any leave or discipline imposed by the employing agency for the same incident.
(8) A law enforcement agency may not terminate a peace officer based solely on imposition of suspension or probation by the commission. This subsection does not prohibit a law enforcement agency from terminating a peace officer based on the underlying acts or omissions for which the commission took such action.
(9) Any of the misconduct listed in subsections (2) and (3) of this section is grounds for denial, suspension, or revocation of certification of a reserve officer to the same extent as applied to a peace officer, if the reserve officer is certified pursuant to RCW 43.101.095.