Cobourg police officer pleads guilty to discreditable conduct for ‘offensive comment’

A Cobourg Police Service officer will forfeit 10 days’ pay after pleading guilty to one count of discreditable conduct for an incident while instructing at the Ontario Police College in 2021.

Const. David Periard entered the plea during a disciplinary hearing held on Nov. 8. Periard was initially charged with two counts of discreditable conduct under the Police Services Act in November 2021 following an investigation into his conduct while he was on secondment at the college in June 2021.

According to the disposition from hearing officer Greg Walton, a retired OPP superintendent, Periard joined the police service in 2001. In September 2019 he was seconded to the police college as an acting sergeant to instruct police vehicle operations, acting in a supervisory capacity.

The disposition says in an agreed statement of facts that on June 23, 2021, Periard was instructing basic recruit training. While in a vehicle with several recruits watching a demonstration, he made “an offensive comment” to one recruit about another recruit who was taking part in the demonstration.

In February 2023, the police service said Periard had made a racial comment about the recruit.

Walton reports only one of three recruits in the vehicle heard the comment and informed the individual Periard had mentioned. Walton says the recruit was  “upset by this comment” and notified a sergeant and class leader.

Shortly after Periard was released from his contract with the OPC. An independent investigation was launched by the Toronto Police Service, leading to the charges.

“Acting Sergeant Periard’s comment brought discredit to the reputation of the Cobourg Police Service and constitutes discreditable conduct,” Walton said in his decision.

Walton noted Periard was “remorseful for his action” and has apologized to the Cobourg Police Service for his behaviour. He called the behaviour an “isolated incident” but said it “betrayed the expectations” of the public, the police service, OPC and its members.

Walton ruled that Periard will forfeit 10 days’ pay (80 hours) and be required to take relevant training. Walton says that since the incident, Periard has obtained a certificate in “respect in the workplace” and has completed “managing unconscious bias” training.

“Constable Periard’s misconduct did not occur in public view, but it was in the presence of young, impressionable officers and if the public becomes aware of his behaviour, I am confident they will be upset and disappointed to say the least,” Walton stated. “A significant sanction which corresponds to the seriousness of the misconduct is required to satisfy the public’s interest; ensuring that officers are held accountable, thereby re-instilling their trust in the Cobourg Police Service.”

Walton also credited the recruits for coming forward to report the incident. He also said Periard has been a “well-respected” member of the service for 22 years which includes 12 commendations and 11 military commendations.

“As this was an isolated incident, based on Constable Periard’s positive employment history and his very apparent willingness to take relevant training, I am satisfied that he has a strong recognition of the seriousness of his misconduct and it is unlikely that he will repeat this type of behaviour,” Walton said.

In a statement issued Thursday morning, the Cobourg Police Service said it “respects the findings of the disciplinary hearing” and thanked Walton for his “thorough review and decision.

“We hold our members accountable and expect that they abide by the code of conduct and all workplace procedures to ensure an environment of respect and inclusivity,” said police chief Paul VandeGraaf.

“Any misconduct by a police service member impacts trust in the police. We move forward to continue building trust and confidence in policing within the community and remain committed to building positive relationships.”