(1) Enrollment. To be accepted into an MPTC operated or authorized police academy, candidates must meet the following minimum requirements:
- (a) Be at least 21 years old upon graduation;
- (b) Be appointed or sponsored by a law enforcement agency or, if authorized by the Committee, some other appointing authority;
- (c) Have successfully completed a high school education or equivalent;
- (d) Pass a state and national background check pursuant to M.G.L. c. 6E, §§ 4(d) and 4(f)(1) and M.G.L. c. 6, § 116, including confirmation that the appointed or sponsored candidate is not listed in the national decertification index or the database of decertified law enforcement officers maintained by POST;
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- (e) Pass a medical examination within nine months prior to the start of a police academy;
- (f) Pass pre-academy physical standards as set forth by the Committee;
- (g) Sign a Waiver, Release, and Indemnification form. All issues of civil liability shall be determined in accordance with M.G.L. c. 258 and other applicable law; and
- (h) Meet any other enrollment standards established by the Committee.
Full payment of any applicable tuition fee must be received prior to the first day of the police academy. Late payment may result in the MPTC declining to enroll future candidates of the appointing or sponsoring agency in an MPTC operated or authorized police academy.
- (2) Instructors. All components of police academy training shall be delivered by instructors certified by the MPTC in their area(s) of instruction.
(3) 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, Appointing Administrator, or Sponsoring Administrator. Any student officer requesting leave/absence for one of these enumerated reasons shall promptly notify the Academy Director and the appointing or sponsoring agency in advance of the absence. All other absences shall be considered unexcused. 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 five percent of the prescribed course of study, whether excused or unexcused, may be dismissed from the police academy for non-disciplinary reasons. In determining whether to dismiss a student officer who has missed more than five percent 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.
(4) Performance.
(a) Performance Requirements. Every student officer shall successfully complete the requirements prescribed by the Committee in each of three performance areas:
- 1. Academic;
- 2. Skills; and
- 3. Physical.
- (b) Missed Tests. The Academy Director will re-schedule any test missed because of an excused 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 or sponsoring agency.
- 2. Re-tests. Any student officer who fails to attain a passing score on a test prior to the final exam shall be offered a re-test within two weeks. Any student officer who fails any of the four sections of the final exam shall be given an opportunity to re-take the failed section(s) within one week. Attaining a passing score on a re-test 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 re-test shall be dismissed from the police academy for non-disciplinary reasons. Any student officer who fails three tests prior to the final exam shall be dismissed from the police academy for non-disciplinary reasons. Any student officer who otherwise fails to successfully complete performance requirements prescribed by the Committee shall be dismissed from the police academy for non-disciplinary reasons.
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(5) Separation.
(a) Categories of Separation. A student officer may become separated from a police academy at any time after acceptance into the police academy and before receiving a graduation certificate. 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. In lieu of resignation, withdrawal, or dismissal, a student officer may qualify for medical deferment from a police academy if they have a medical condition that arises during their academy training, or if they sustain an injury caused by their academy training, that is likely to prevent them from completing a substantive training requirement, including physical assessments, defensive tactics, firearms training, emergency vehicle operation, and/or applied patrol procedures. The Appointing Administrator or Sponsoring Administrator shall make the request and support it with documentation from a medical doctor who finds:
- a. there is a medical condition that has arisen during their academy training; or
- b. there is an injury caused by their academy training; and
c. the medical condition/injury is likely to prevent the student officer from completing one or more substantive training requirements. The decision to grant or deny a request shall be made by the Academy Director after reviewing the documentation and consulting with the Chief of Training and the Appointing Administrator or Sponsoring Administrator. Medical injuries not caused by academy training do not qualify for a medical deferment.
- i. If granted, the medical deferment begins the date the Separation Notice is issued and expires one year from that date.
- ii. 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.
- iii. If the student officer has not re-entered 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 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 Administrator or Sponsoring Administrator. Student officers separated under 550 CMR 3.06(5) shall be eligible for enrollment in a subsequent police academy, subject to appropriate appointment or sponsorship and compliance with applicable enrollment requirements. If a student officer voluntarily resigns from the police academy after allegations of disciplinary violations by the student officer, the Chief of Training has the authority to complete an investigation into the alleged violations, and if substantiated, impose a period of enrollment ineligibility in any subsequent police academy for not less than one year nor more than twenty years from the date of separation.
- 3. Withdrawal by Appointing/Sponsoring Agency. A student officer's appointing or sponsoring agency may initiate the withdrawal of a student officer from the police academy. Student officers separated under 550 CMR 3.06(5) shall be eligible for enrollment in a subsequent police academy, subject to appropriate appointment or sponsorship and compliance with applicable enrollment requirements. If an appointing or sponsoring agency withdraws a student officer from the police academy after allegations of disciplinary violations by the student officer, the Chief of Training has the authority to complete an investigation into the alleged violations, and if substantiated, impose a period of enrollment ineligibility in any subsequent police academy for not less than one year nor more than 20 years from the date of separation.
- 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 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 shall be eligible for enrollment in a subsequent police academy, subject to appropriate appointment or sponsorship and compliance with applicable enrollment requirements.
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- 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. Student officers separated under 550 CMR 3.06(5) shall not be eligible for enrollment in any subsequent police academy for a period of not less than one year nor more than twenty years from the date of separation.
- (b) Appeals. Appeals shall be conducted in accordance with Committee-approved policies and procedures for any separation from a police academy that resulted in the imposition of a period of enrollment ineligibility in any subsequent police academy. There is no right of appeal from any other type of separation.
(6) Academy Violations/Progressive Discipline.
(a) Classes of Violations. Academy violations 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 violations have been categorized into three classes, determined by the seriousness of the violation, as follows:
- 1. Class I. Commission of a Class I violation may, with the approval of the Chief of Training, result in dismissal from the police academy for disciplinary reasons pursuant to these regulations. If the Chief of Training determines that the circumstances do not warrant dismissal, then a written disciplinary warning must issue.
- 2. Class II. Commission of a Class II violation 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 violation 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 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 proportionate to, the student officer's conduct that resulted in the breach, and any other history of misconduct while at the police 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 violations. This level of corrective action, by itself, shall not be considered disciplinary.
- 2. Admonishment and Counseling. Commission of any Class III violation 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 violation(s), 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 violation 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 violation(s), 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.
- 4. Written Disciplinary Warning. Commission of any Class II violation, or commission of any Class III violation 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 violation(s), 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, be dismissed for disciplinary reasons:
- 1. Commission of a Class I violation; or
- 2. After receiving a written disciplinary warning, commission of a Class II violation; or
- 3. After receiving a written disciplinary warning, commission of any three additional Class III violations, or commission of any two additional Class III violations that are the same.
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If the Chief of Training determines that the circumstances do not warrant dismissal, then a written disciplinary warning must issue. An Action Notice setting forth the violation(s), 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.