Senior Toronto cop appeals demotion in cheating scandal

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The first Black female Toronto Police superintendent is appealing her demotion in a cheating scandal, calling the ruling “excessive, harsh, unwarranted and disproportionate.”

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Last year, Supt. Stacy Clarke was found guilty at a police disciplinary hearing of three counts of discreditable conduct, three counts of breach of confidence, and one count of insubordination after admitting she helped six Black officers cheat on promotion exams three years ago.

The prosecution had asked for a two-rank drop, 12 months as a staff sergeant followed by 12 months at the inspector rank. The defence sought a 12- to 18-month demotion to inspector followed by a reinstatement to the rank of superintendent.

In late August, hearing officer Robin D. McElary-Downer, a retired deputy chief for South Simcoe Police, ruled Clarke be demoted to inspector for 24 months and be eligible to reapply for promotion to the rank of inspector at the end of the two-year period.

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“I believe Superintendent Clarke possesses outstanding leadership qualities,” McElary-Downer wrote in her ruling. “I found her demeanour quite personable when she testified. [However], I find there is sufficient and tangible evidence in front of me to find her actions amply illustrated an abuse of position, and an abuse of power.”

However, in an appeal filed by her lawyer late last month, Clarke argues the penalty was considerably harsher compared to other rulings for similar conduct that she alleges is “rampant” within the Toronto Police Service.

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“The hearing officer failed to give sufficient weight to the appellant’s testimony on the culture within the Toronto Police Service, the frequency of similar misconduct, and its impact on her actions,” the appeal states.

“Instead, the hearing officer villainized the appellant for conduct that was rampant within the organization. In so doing, the hearing officer failed to properly weigh the important mitigating factor that, in part, explained the offending conduct.”

Clarke, a 26-year veteran of the service, admitted she discreetly gave questions and answers to six officers she was mentoring who applied to become sergeants within 10 months of her promotion to superintendent, and claimed she was fed up with anti-Black racism within the service that held back qualified candidates from being promoted.

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While deciding the penalty for Clarke’s actions, McElary-Downer credited the officer for recognizing her misconduct, accepting responsibility and apologizing, and that she didn’t cheat for her own gain.

However, the gravity of her misconduct was “far reaching,” McElary-Downer said in her ruling.

“Six very junior ranking officers now have stained employment records. Over a nine-day period, she undermined the integrity of the promotional process in a cheating scheme. She violated the trust of her colleagues. And she caused significant reputational damage to the Service. Her misconduct was not commensurate of a police officer, let alone a high-ranking officer, such as Superintendent Clarke.”

For now, the appeal allows Clarke to maintain her role as superintendent.

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