Stacy Clarke appeals ‘excessive’ and ‘harsh’ demotion for role in officer cheating scandal

October 18, 2024 Canuck

A high-ranking Toronto police officer who admitted to helping several members of the service cheat on promotional exams is appealing her demotion, arguing that she was “villainized” for conduct which was “rampant” throughout the organization.

In August, Stacy Clarke was handed a 24-month demotion from the rank of superintendent to inspector after pleading guilty to seven professional misconduct charges.

She had previously admitted that she’d helped six Black constables who she had been mentoring gain an unfair advantage on promotional exams back in 2021.

But her lawyers argued that she took those actions in an attempt to address “overt and systemic anti-Black racism” within the TPS and help diversify its ranks.

The notice of appeal submitted on Clarke’s behalf on Sept. 26 calls the decision to demote Clarke without automatically returning her to her former rank at the conclusion of the penalty “excessive, harsh, unwarranted and disproportionate.”

“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 was the first Black officer to hold the rank of superintendent in Toronto police history.

In the appeal, lawyers for Clarke argue that while the hearing officer “acknowledged overt and systemic anti-Black racism and the appellant’s lived experience of racism,” they did not give “sufficient weight” to those factors.

The lawyers also said that the hearing officer failed to give sufficient weight to the “collateral consequence to marginalized communities” should Clarke not be automatically reinstated to her history-making rank.

“The hearing officer’s finding that the public interest assessment was aggravating was not supported by the evidence. Rather, the public interest assessment is mitigating, especially given the hearing officer’s acceptance of that evidence,” the appeal states.

In her decision in August, hearing officer Robin McElary-Downer said that she had “no doubt” Clarke is “deeply remorseful” and that the allegations against her arose “from a unique set of circumstances,” specifically her “lived experiences as a visible minority member of the Toronto police.”

McElary-Downer, however, found that Clark’s misconduct ultimately fell “far below the standard expected of a police officer.”

“While the underlying reasons for her misconduct help make it seem less nefarious, [Clarke] single handedly brought down these officers who showed promise as future leaders in the Toronto Police Service,” McElary-Downersaid at the time.

Clarke’s appeal will be considered by the Ontario Civilian Police Commission. A date has not yet been set for that hearing.

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