Police officer appeals demotion after cheating scandal decision

Supt. Stacy Clarke the Toronto police officer who was handed a two-year demotion in August over what was described in disciplinary proceedings as a cheating scheme for promotions is appealing that decision.

In a notice of appeal on Clarke's behalf, lawyer Ravin Pillay argued that hearing officer Robin McElary-Downer failed to give sufficient weight to the officer's testimony during the hearing process, specifically around the culture at Toronto police when it comes to "the frequency of similar misconduct" and how that influenced her decisions.

"Instead, the hearing officer villainized [Clarke] for conduct that was rampant within the organization," Pillay wrote.

He also said a two-year demotion to the rank of inspector without automatic reinstatement to Clarke's previous role as superintendent is "excessive, harsh, unwarranted, and disproportionate," and doesn't properly consider "the collateral consequence of a pension at the reduced Inspector rate."

It is not uncommon for police officers in Ontario who are demoted as part of the discipline process to be automatically reinstated to their previous rank once the penalty period is finished.

Clarke pleaded guilty to seven counts of misconduct in 2023, but testified at a hearing this spring that she acted out of desperation to counteract what she called "anti-Black systemic racism" when she gave confidential information to six Black constables ahead of promotional job interviews in 2021.

WATCH | Clarke speaks after penalty decision:

Toronto police superintendent demoted to inspector over cheating scandal

2 months ago

Duration 2:04

A high-ranking Toronto police officer was handed a two-year demotion to the rank of inspector at a disciplinary hearing on Wednesday. Insp. Stacy Clarke previously pleaded guilty to seven counts of misconduct, and testified that she acted out of desperation to counteract what she called anti-Black systemic racism. CBCs Tyler Cheese has more on the decision.

During the hearing process, participants heardClarke committed a number of transgressions including photographing interview questions and answers and sending them to her six mentees, instructing one of the officers to delete photos she sent them, alongside conducting mock interviews with officers.

In an email to CBC News, a Toronto police spokesperson said the force will not be commenting on the matter while the appeal is ongoing, and confirmed Clarke has been returned to the rank of superintendent pending the outcome.

Clarke is the first Black female officer to reach the rank of superintendent with Toronto police. Her lawyer referred to her as the "Black female face" of the force throughout the disciplinary proceedings, and evenMcElary-Downer said during hearing process that Clarke's history as an officer"reflects she is a rockstar."

Speaking after the tribunal decision in August, Clarke said she was "very disappointed and sad about it.

"There's a lot of people who have shared these types of experiences.... There's a lot of work still to be done and I'm confident we'll get it done," she said.

In the appeal, Pillay also said that while McElary-Downer "acknowledged overt and systemic anti-Black racism" and Clarke's own lived experience facing racism in her decision, she "failed to give sufficient weight to these and other importing mitigating factors."

Pillay also said the hearing officer, who is white, made a mistake in considering her "own lived experience" in measuring what she saw as "progress" in countering inequality in policing.