6 Va. Admin. Code § 20-65-30

Current through Register Vol. 41, No. 6, November 4, 2024

Section 6VAC20-65-30 - [Effective until 9/13/2025] Designation of serious misconduct warranting officer decertification

A. Pursuant to § 15.2-1707B of the Code of Virginia, the following types of misconduct by certified law-enforcement officers or certified jail officers are sufficiently serious as to warrant decertification when an officer of any rank is terminated or resigns from the officer's employing agency as a result of such misconduct, and the employer reports that information to the board.

1. Knowingly, intentionally, or without a legitimate law-enforcement purpose, making misleading, deceptive, untrue, or fraudulent representations in the practice of being or becoming a law-enforcement officer or a jail officer, including:

a. Willfully falsifying or omitting any material information to obtain or maintain certification;

b. Obtaining a false confession or statement;

c. Filing a written police report containing a material false statement;

d. Making a false arrest;

e. Creating or using falsified evidence;

f. Failing to report known exculpatory and impeachment information in a criminal case to a superior officer, in accordance with agency reporting requirements;

g. Tampering with, hiding, destroying, or attempting to tamper with, hide, or destroy evidence or potential evidence with the purpose of creating a false impression; and

h. Committing perjury.

2. Knowingly and intentionally abusing the power inherent to the law-enforcement and jail officer professions, including:

a. Intentionally and willfully exploiting an individual's disability or other impairment for the purposes of securing either a law-enforcement officer or jail officer outcome or personal benefit;

b. Tampering with a witness, victim, or informant;

c. Engaging in retaliation against any individual making a good-faith report of misconduct;

d. Engaging in a sexual relationship with an individual in the custody or care of the law-enforcement officer or jail officer or with an individual the officer knows or should have known is a victim, witness, defendant, or informant in an investigation or matter with which the officer is involved;

e. Intentionally, willfully, and without authorization disclosing confidential information or information that may compromise an official investigation;

f. Intentionally and without authorization using the employing agency's property, equipment, funds, or data for personal gain; and

g. Soliciting or otherwise knowingly participating in acts of bribery or extortion associated with the officer's official duties as defined in § 2.2-3103 of the Code of Virginia and in Articles 2 (§ 18.2-438 et seq.) and 3 (§ 18.2-446 et seq.) of Chapter 10 of Title 18.2 of the Code of Virginia.

3. Knowingly and intentionally engaging in discriminatory policing or on-duty conduct toward incarcerated individuals, defined as an identified and uncorrected pattern of, or single egregious instance of, on-duty conduct demonstrating bias on the basis of such characteristics as race or ethnicity, color, religion, national origin, sex, pregnancy, childbirth or related conditions, age, marital status, sexual orientation, gender identity, military status, disability, or other protected status.

4. Knowingly and intentionally engaging in, failing to intervene when present and witnessing, or failing to report the use of excessive force in accordance with § 19.2-83.6 of the Code of Virginia, unless such information was obtained in the course of participating in a critical incident stress management or peer support team pursuant to § 32.1-11.3 of the Code of Virginia or disclosure would be in violation of §19.2-274.1 of the Code of Virginia.

5. Knowingly and intentionally interfering with or obstructing compliance with the provisions of § 15.2-1707 of the Code of Virginia, including:

a. Failing to report, investigate, and act on as appropriate known serious misconduct by another officer; and

b. Failing to cooperate with an investigation into potential law-enforcement officer or jail officer misconduct.

6. Engaging in a pattern of acts or a single egregious act showing an intentional or reckless disregard for the rights, safety, or well-being of others, including repeated use of prohibited practices for law-enforcement officers during an arrest or detention or violations of individual rights as guaranteed by the Constitution of the United States, the laws of the United States, and the laws and Constitution of the Commonwealth of Virginia.

7. Engaging in any conduct unbecoming that demonstrates an inability or unwillingness to uphold an officer's sworn oath.

6 Va. Admin. Code § 20-65-30

Derived From Virginia Register Volume 40, Issue 13, eff. 3/14/2024, exp. 9/13/2025 (Emergency).

Statutory Authority: § 9.1-102 of the Code of Virginia.