Section 3.06 - Police Academy Training550 CMR 3.06 shall apply to authorized academies and operated academies.
(1)Enrollment. Candidates accepted into a police academy must meet the following minimum requirements:(a) Be 21 years of age or older,(b) Appointed or sponsored by a law enforcement agency or, if authorized by the Committee, some other appointing authority,(c) Successfully completed a high school education or equivalent,(d) Pass a state and national background check pursuant to M.G.L. c. 6E § 4(f)(1),(e) Pass the Massachusetts Human Resource Division's Physical Ability Test (PAT),(f) Pass a medical examination within nine months prior to the start of a police academy,(g) Pass pre-academy fitness standards as set forth by the Committee,(h) Meet other standards established by the Committee,(i) Have a signed Waiver and Release form. All issues of civil liability shall be determined in accordance with M.G.L. c. 258 and other applicable law.(2)Attendance/Absences. (a) Attendance. Student officers are expected to attend punctually and participate fully in all scheduled classes, assignments, field exercises, and formations, except in cases of the following excused absences: agency authorized bereavement; illness or injury; required court appearance as a witness or juror; required civic duty; military duty; emergency; or other absence authorized by the academy director or appointing/sponsoring agency head. Any student officer requesting leave/absence for one of these enumerated reasons shall promptly notify the academy director and appointing/sponsoring agency well in advance of the absence. All other absences shall be considered un-excused. Any student officer who misses a statutorily mandated class due to an absence must make up the class.(b)Excessive Absences. Any student officer who is absent from more than 5% of the prescribed course of study, whether excused or unexcused, may be dismissed for non-disciplinary reasons. In determining whether to dismiss a student officer who has missed more than 5% of the prescribed course of study, the academy director shall consider remedial training options and the student officer's performance and disciplinary record during the police academy. If dismissal is not warranted, then an Action Notice shall issue. Any student officer who is absent from more than 10% of the prescribed course of study shall be dismissed for non-disciplinary reasons.(3)Performance. (a)Performance Requirements. Every student officer shall successfully complete the requirements prescribed by the Committee in each of three performance areas:(b)Missed Tests. The academy director will reschedule any test missed because of an absence.(c)Failed Tests. Any student officer who fails to attain a passing score on a test shall be promptly notified in writing by the academy director through the issuance of an Action Notice.1.Remedial Training. Any student officer who fails to attain a passing score on a test shall be responsible for any remedial training on the student officer's own time and at the student officer's own expense or that of the appointing/ sponsoring agency.2.Retests. Any student officer who fails to attain a passing score on a test prior to the final exam shall be offered a retest within two weeks. Any student officer who fails any of the four sections of the final exam shall be given an opportunity to retake that portion of the exam within one week. Attaining a passing score on a retest will result in the recording of the minimal passing score.(d)Non-disciplinary Dismissal for Performance Deficiencies. Any student officer who fails to attain a passing score on any retest shall be dismissed for non-disciplinary reasons. Any student officer who fails three tests prior to the final exam shall be dismissed for non-disciplinary reasons. Any student officer who otherwise fails to successfully complete performance requirements prescribed by the Committee shall be dismissed for non-disciplinary reasons.(4)Separation. (a)Categories of Separation. A student officer may become separated from a police academy at any time after beginning but before completing the prescribed course of study. A Separation Notice shall be completed by the academy director and distributed in accordance with the directions on the form. For purposes of 550 CMR 3.00, the categories of separation from a police academy are defined as follows:1.Medical Deferment. A student officer who sustains an injury while participating in police academy training or is diagnosed with a medical condition that prohibits them from participating in the police academy training may be granted a medical deferment separation upon request of the appointing/sponsoring agency head. A diagnosed medical condition shall not include a physical injury the occurs outside of police academy training. To qualify for a medical deferment, the student officer must be under the care of a medical physician who determines the student officer is unable to return to the police academy training or is unable to participate in the physical requirements of the curricula for a period of time that causes the student officer to exceed the excessive absences or maximum allowable Modified Health and Wellness Program absences, as described in the Health and Wellness Guide portion of the curriculum.a. If granted, the medical deferment begins the date the Separation Notice is issued and expires one year from that date.b. Prior to being accepted for readmission, the student officer must furnish a statement from a medical physician confirming that the student officer's injury or medical condition has resolved, and the student officer is physically able to fully participate in training without restrictions.c. If the student officer has not reentered a police academy prior to the expiration of the medical deferment, all application, admission, and tuition requirements shall apply and must be met if the student officer reapplies to attend a police academy.2.Voluntary Resignation. A student officer may initiate a voluntary resignation if, without coercion and for personal reasons, the student officer chooses to withdraw from the police academy. The student officer shall make the request to withdraw in writing to the academy director, who shall notify the appointing/sponsoring agency head. Student officers separated under 550 CMR 3.06(4)(a)2. shall be eligible for enrollment in a subsequent police academy, subject to appropriate appointment/sponsorship and compliance with applicable enrollment requirements.3.Withdrawal by Appointing/Sponsoring Agency. A student officer's appointing/ sponsoring agency may initiate the withdrawal of a student officer from the police academy. Student officers separated under 550 CMR 3.06(4)(a)3. shall be eligible for enrollment in a subsequent police academy, subject to appropriate appointment/ sponsorship and compliance with applicable enrollment requirements.4.Dismissal for Non-disciplinary Reasons. A student officer may be dismissed from a police academy for non-disciplinary reasons including, but not limited to, nonpayment of required fees, excessive absences, or performance deficiency. Dismissal for non-disciplinary reasons may only be initiated by the academy director. Student officers separated under 550 CMR 3.06(4)4. shall be eligible for enrollment in a subsequent police academy, subject to appropriate appointment/sponsorship and compliance with applicable enrollment requirements.5.Dismissal for Disciplinary Reasons. A student officer may be dismissed from a police academy for disciplinary reasons. Dismissal for disciplinary reasons may only be initiated by the academy director or the Chief of Training for the Committee. Student officers separated under 550 CMR 3.06(4)5. shall be ineligible for enrollment in any subsequent police academy for a period of not less than one year nor more than 20 years from the date of separation.(b)Appeals. The Committee shall establish policies and procedures for appeals from a dismissal for disciplinary reasons. There is no right of appeal from dismissals for non-disciplinary reasons.(5)Academy Offenses/Progressive Discipline. (a)Classes of Offenses. Academy offenses are set forth in the Committee's policies and procedures and may be supplemented by academy-specific operational rules approved pursuant to 550 CMR 3.05(2). Academy offenses have been categorized into three classes, determined by the seriousness of the offense, as follows:1.Class I. Commission of a Class I offense may, with the approval of the Chief of Training for the Committee, result in dismissal from the academy for disciplinary reasons pursuant to 550 CMR 3.00. If the Chief of Training for the Committee determines that the circumstances do not warrant dismissal, then a written disciplinary warning must issue.2.Class II. Commission of a Class II offense shall, at a minimum, result in the issuance of a written disciplinary warning to the student officer.3.Class III. Commission of a Class III offense shall, at a minimum, result in the student officer preparing a "To-From" memorandum to the academy director or a staff instructor in which the student officer acknowledges the breach and relates to the subject of the breach to police service.(b)Progressive Discipline. In keeping with the concept of progressive discipline, corrective action shall be consistent with, and appropriate for, the student officer's conduct that resulted in the breach, and any other history of misconduct while at the academy. The following levels of escalating corrective action shall be utilized: 1."To-From" Memorandum. The student officer shall write a "To-From" memorandum for all offenses. This level of corrective action, by itself, shall not be considered disciplinary.2.Admonishment and Counseling. Commission of any Class III offense for which there is no reasonable explanation, in the discretion of the academy director or a staff instructor, shall result in admonishment and counseling. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director or applicable staff instructor and distributed in accordance with the directions on the form.3.Oral Disciplinary Warning. Commission of any Class III offense after admonishment and counseling shall result in an oral disciplinary warning being issued to the student officer by the academy director or a staff instructor. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director or applicable staff instructor and distributed in accordance with the directions on the form.3.Written Disciplinary Warning. Commission of any Class II offense, or commission of any Class III offense after an oral disciplinary warning, shall result in a written disciplinary warning being issued to the student officer. Only the academy director may issue a written disciplinary warning. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director and distributed in accordance with the directions on the form.(c)Dismissal for Disciplinary Reasons. A student officer who commits any of the following may, with the approval of the Chief of Training for the Committee, be dismissed for disciplinary reasons:1. Commission of a Class I offense, or2. After receiving a written disciplinary warning, commission of a Class II offense, or3. After receiving a written disciplinary warning, commission of any three additional Class III offenses, or commission of any two additional Class III offenses that are the same. If the Chief of Training for the Committee determines that the circumstances do not warrant dismissal, then a written disciplinary warning must issue. An Action Notice setting forth the offense(s) violated, the action taken, and the potential consequences of additional violations shall be completed by the academy director and distributed in accordance with the directions on the form.
Amended by Mass Register Issue 1486, eff. 1/6/2023.