Complaint Investigative Process
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Every complaint of misconduct will be supervised by the NYSP Internal Affairs Bureau (IAB).
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Upon receipt of a complaint, the IAB will assign the case for investigation. Generally, complaints of a routine nature will be assigned to the employee's supervisor or commander. More serious or complex matters will be investigated by the Regional IAB Offices.
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Investigators will:
- Attempt to contact the complainant, the accused employee and witnesses;
- Examine physical evidence;
- Review reports and records, and
- Thoroughly document the facts surrounding the incident and allegation.
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The investigator's report will be submitted to the IAB where it will be reviewed for completeness and objectivity, then it will be forwarded to the superintendent.
Disposition of the Investigation
The NYSP uses the following terminology when resolving complaints:
- Founded: The facts substantiate the specific allegation(s) made or other misconduct.
- Unsubstantiated: Insufficient facts exist to either prove or disprove the allegation(s) made.
- Unfounded: The facts substantiate the allegation(s) made are false.
Disciplinary Action
If the investigation indicates an employee has committed an offense, under the NYSP Rules and Regulations, disciplinary action will be taken commensurate with the severity of the offense (mitigating circumstances may be considered).
After final disposition is reached by management, appropriate action will be taken. Disciplinary action may involve loss of vacation days, remedial training, suspension, or termination.
The disposition of the complaint is a confidential, personnel matter and is not released to the complainant pursuant to section 50-A of NYS Civil Rights Law.