Pubdate: Tue, 13 Nov 2012
Source: Record, The (Kitchener, CN ON)
Copyright: 2012 Metroland Media Group Ltd.
Contact:   http://news.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Dianne Wood

REGION POLICE OFFICER DEMOTED FOR MARIJUANA OFFENCES

KITCHENER - A Waterloo Regional Police constable who smoked and bought
marijuana was demoted four ranks Monday and will have to submit to
random drug testing for five years.

Const. Jennifer Falsetto, 35, got to keep her job because she was
suffering from a mental illness at the time and because she
co-operated with the police investigation, pleaded guilty and
submitted to medical examinations and counselling.

Supt. Paul Pedersen of York Regional Police imposed the sentence at a
police tribunal at Waterloo Regional Police headquarters.

The demotion to fourth-class constable was the last step before
dismissal. It means a loss of pay of about $62,000 over three years.

Falsetto was charged with nine counts of discreditable conduct and was
suspended in November 2010. She will be able to work her way back up
to first-class constable at yearly intervals.

A date has not yet been set for her return to work. She will need to
be retrained, said her lawyer, Pamela Machado.

Falsetto admitted tearfully at her guilty plea last month that she
embarrassed the chief and the service by smoking marijuana with other
officers.

She started using pot at a poker party at the home of another
constable in about 2008.

Officers also smoked marijuana at an officer's cottage, after a
Christmas party for platoon officers, at another officer's house party
and while Falsetto was on vacation in Jamaica. Falsetto also bought
the drug from a relative.

She said she smoked marijuana to self-medicate. Her personal life was
in shambles and she had no support at work or at home, she told the
tribunal last month.

Both the prosecution and defence recommended the demotion after seeing
reports from a psychologist and psychiatrist indicating Falsetto
suffered from a major depressive disorder and substance dependence.

It's believed the depression started at about age 12 when her family
moved to Sault Ste. Marie and she had trouble adjusting to the change.
The disease is believed to be in remission.

After months of counselling, Falsetto has made major lifestyle changes
and has developed friendships outside the police service, the tribunal
heard.

"She no longer feels she must fit in with the bravado (police)
culture," Pedersen said.

The hearing officer stressed how serious her offences were for an
officer sworn to uphold the law. They are "possibly even shocking in
the eyes of the community," Pedersen said. "Her actions weren't
ethical, honest or professional."

But he felt that public confidence in the police service could be
restored through the "transparent" tribunal process.

Ontario's Human Rights Code requires employers to accommodate a
disability that affects an employee's work unless it would be an undue
hardship to do so. In this case, her mental illness was a medical 
disability.

The hearing officer also took into account the fact that Falsetto was
not charged criminally.

She will be able to handle drugs as required on the job, but cannot
possess them. She must abstain from alcohol as long as her health care
provider deems necessary.

If she refuses random drug testing or tests positive, she will be
charged with insubordination and the police service will seek her dismissal.

She must agree to substance abuse and psychiatric assessments at
management's discretion. She must seek treatment for mood and anxiety
problems and substance abuse at a recognized treatment centre, if
recommended by her health care professional.

She has agreed to allow access to her medical records as long as she
works for the police service.

In all, seven officers in Cambridge were involved in allegations of
police smoking pot off duty.

Const. Jeremy Borda pleaded guilty in court last year to possessing
marijuana. He received a conditional discharge, $100 fine and was
ordered to do 50 hours of community service.

Four other Waterloo Regional Police officers pleaded guilty last year
to discreditable conduct charges under the Police Act for failing to
report drug usage by officers and citizens during poker parties held
at officers' homes. Most of the incidents involved officers working in
Cambridge.

Const. Andrew Robson was charged in November 2010 with theft and
possession of marijuana. He has admitted stealing two ounces of pot
that was turned over to him by an undercover officer as part of a
police sting to catch Robson who was suspected of off-duty marijuana
use.

But he's fighting the charges in court, arguing that he was unfairly
entrapped by the police.

Robson has testified in court that he was an emotional mess as a
result of several traumatic experiences and a lack of support on the
job. He said he coped with nightmares, flashbacks and extreme anxiety
by drinking heavily and smoking marijuana.
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MAP posted-by: Matt