od UNIVERSITY OF UTAH. MEMORANDUM TO: Kayla Dallof Detective Public Safety FROM: Kory Newbold Sergeant Public Safety DATE: February 26,2019 SUBJECT: _ Notification of Pre-Disciplinary Conference ee {Lam writing to inform you of my intent to consider the termination of your employment (see University Rule 5-111). Specifically, you have failed to properly investigate and take proper action violating our Policy 319 (3) 319.3.1.b Conduct On February 13, 2019 you were called out on case #19-0352. This was regarding an alleged domestic issue with a University of Utah Student, and a non-affiliated juvenile female that was 17 years old. The female was at the station and you had the opportunity to interview her about domestic related dating issues she was having with the student. ‘As a result, you were assigned the case for follow up investigation. During the investigation it was revealed through interviews with the female complainant / victim that she had been involved in a domestic relationship with a male student and that the male student had unlayfully detained the female complainant inside a University dorm. You subsequently interviewed the male student on February 14, 2019. During that interview you further gained information that the male student had detained or held the female inside the dorm. There was information which supported a criminal charge. After interviewing the male, you again contacted the female complainant who advised you she had received a threatening voice message from the male student, The message was received on February 13, 2019. You had listened to that message and informed ‘me he had made a verbal threat over a recorded message. | had not heard the message and asked that you send me the message. Prior to my receiving the message you walked past my office and indicated that {you were going to soteen the case next week, and you left for the day. I later called you and asked you to send the message which I had not heard. Listening to the message was very impactful. The message was of a male displaying anger and rage through the tone of his voice. ‘The message indicated that if the female did not call him he may “Kill Her". It was brought to my attention that this was not an old message, but one just received. The female hhad not noticed it on February 13, 2019 but found it on February 14, 2019 while she was speaking with ‘you on the phone. The message was very concerning from a victim of domestic abuse standpoint. The message was such that it should not have been held for sereening and this issue should have beenaddressed immediately. You failed to recognize the significance and impact this call had for this domestic investigation, You stated your intent of waiting to screen it next week. Leaving without taking immediate action on this matter is a complete dereliction of duty. ‘These types of investigations are very important to the community we serve. During investigations Detectives accumulate details and information which I as a Sergeant do not have a full and complete disclosure of. I have to rely on my Detectives to make sound judgement calls during situations of this type and you did not display sound judgement. The totality of what was known by you as an investigator of this situation should have signaled an alarm or given you notice that you needed to handle the incident immediately without hesitation and take the initiative to find the male student and place him under arrest. Instead, you left the office, and I had to call you to send me a copy of the audio file. 1 requested that you return and that we needed to follow up on this situation immediately. ‘On February 19, 2019 I called you into my office at about 1400 hours and asked you for an explanation of what you may have been thinking in making a determination to wait until next week to screen this case through the attorney's office. You indicated; “I don’t have an answer for that and do whatever you have todo.” ‘We must have Detectives who recognize the need to act; to take proaetive measures and to not simply notify me there was a threat made and then leave for the day to screen it next week. This is a dereliction of duty as a Police Detective. ‘The resulting impact of what may have occurred is unthinkable, ifthe male student had attempted or carried out his threat of violence. Those we serve would be outraged if we failed to address this situation immediately. We must fulfil our obligation to take action (make an arrest) in these domestic related crimes. On January 29, 2019 at 1500 hours, Chief Brophy, Deputy Chief Mclennon and Lieutenant Wahlin met swith you privately to discuss proper handling of Domestic Violence cases. During that meeting the following information was covered. ‘The meeting was a debrief of the actions during the initial phases of the McCluskey investigation. Highlights of the debrief outlined the need for immediate action to be taken if a threat of personal violence exists in all future cases. Numerous examples were given as to the scriousness of these crimes ‘and the zero tolerance approach we are taking. Detective Dallof, you were informed that Detectives are expected to stay late, respond to call outs and make suspect contact immediately on cases that contain threats of violence, Chief Brophy emphasized that in every case reported to us where a threat to personal safety exists we must take action immediately. It is my understanding that you acknowledged and accepted the importance of immediate responses to these types of incidents. ‘The University of Utah’s mission is to foster student success by preparing students from diverse backgrounds for lives of impact as leaders and citizens. We generate and share new knowledge, discoveries, and innovations, and we engage local and global communities to promote education, health, aand quality of life. These contributions, in addition to responsible stewardship of our intellectual, physical ‘and financial resources, ensure the long-term success and viability of the institution. Your behavior in this instance has not demonstrated a productive contribution to the mission of the University or of the Department of Public Safety.‘The University of Utah's Division of Human Resources has reviewed the specific concems outlined in this document, have been advised to schedule a Pre-Disciplinary Conference on your behalf for the purpose of allowing you an opportunity to respond to these concerns. The Pre-Diseiplinary Conference has been scheduled for Wednesday, February 27, 2019 at 1:00 pm in Human Resources located in room 1024 of the Annex Building “D” Wing (1901 E. South Campus Drive). Amanda Oveson, Human Resources Specialist, will be in attendance in an advisory capacity in order to facilitate the Pre~ Disciplinary process. I am providing you with a Frequently Asked Questions sheet regarding this process ‘and encourage you to read it carefully As noted above, the purpose of the Pre-Disciplinary Conference is to provide you a “right-of-response.” Please review the details of my concerns outlined in this Notification of Pre-Disciplinary Conference as well as the enclosed documentation, if any, prior to the meeting so that you are aware of the reasons upon which the recommendation for disciplinary action are based. If you fail to attend the Pre-Disciplinary Conference as scheduled, | will assume that you are voluntarily forfeiting your right of response. Please contact Lora Mortensen, Human Resources Manager, at 801- 581-6283 if you have questions regarding the Pre-Disciplinary process. ‘The University offers an Employee Assistance Program. For more information on what is available to you, please visit hitp://uuhsc.utah.edweap/ or contact the program for a confidential consultation at 801- 587-9319. State and federal labor law notifications can be found at https://vww.hrsutah,edu/service Teams/employee-notices,php and/or in University Human Resources offices. ce: HR Manager ~ Lora Mortensen Department of Employee Relations Employee File