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Alleged incident reported Oct. 11

Medicine Hat police officer charged with sexual assault

Oct 23, 2020 | 2:14 PM

MEDICINE HAT, AB – A member of the Medicine Hat Police Service has been charged with one count of sexual assault.

The charge laid today by the MHPS comes after an investigation into an off-duty incident at a licensed establishment on Oct. 11.

Const. Chance Franklin has been charged with one count of sexual assault. Franklin is a 12-year member of the MHPS. He was immediately placed on administrative duties while the investigation was conducted and has since been relieved from duty without pay.

Police chief Andy McGrogan says it’s not normal to be suspended without pay, a decision that McGrogan tells CHAT News he made, and there are a number of factors that go into that determination

“You look at the totality of the offense, you look at the brevity of the evidence gathered, you look at public trust and confidence. What would a member of the public expect us to do in this situation if they were relatively knowing and there have been times when I’ve sent people on administrative leave with pay and so this is unusual. It was a decision that we didn’t come by easily, it was a very difficult decision. But we’re satisfied that we made the right decision taking into account the offense, public confidence and trust, the victim, and the victim’s needs and interest.”

When police responded to the report of a sexual assault and determined the accused was an off-duty MHPS officer, Alberta Justice and Solicitor General’s Director of Law Enforcement was notified as required by Section 46.1 of the Police Act. MHPS were directed to continue with the investigation of the incident and following the investigation the file was sent to the Alberta Crown Prosecution Service for independent review, who determined that the legal test for proceeding with the prosecution of the charge was met.

In a release, MHPS says that upon conclusion of the matter in court, it is anticipated that the internal disciplinary process under the Police Act will follow. The disciplinary process determines whether any discipline, up to and including dismissal, is appropriate.

In order to ensure appropriate oversight, the Chair of the Medicine Hat Police Commission and the Director of Law Enforcement, have been provided with updates on the progress of this investigation on an ongoing basis.

“Police officers are held to a high standard of conduct as they have been sworn to serve and protect,” said McGrogan. “The MHPS understands and respects the importance of transparency with and accountability to the members of our community, however as this matter is now before the courts the MHPS will be unable to provide further comment at this time.”

Years ago, Franklin was one of three officers accused of an unlawful arrest and excessive force. The officers were cleared of any wrongdoing after a public hearing under the Police Act.