Windsor Officer Demoted for Inappropriate Calls

WARNING: This story contains sexual details of criminal harassment.

A Windsor police officer has been demoted for two years after making inappropriate phone calls to a female colleague, during which he engaged in explicit behavior.

Hearing officer Greg Walton announced his disciplinary ruling on Monday, ordering Const. Joshua Smith to be lowered from first-class constable to third-class constable for the next two years.

This demotion is expected to result in a loss of income of around $60,000 until he can regain his previous rank.

The Windsor Police Service had requested that the hearing officer terminate Smith’s employment.

Officer’s actions deemed ‘unacceptable’

The internal discipline involves seven phone calls made from a blocked number to a female co-worker over two weeks in September 2023. Three of these calls went unanswered.

Walton described Smith’s actions as “deplorable.. and abhorrent and selfish behaviour.”

The female victim shared her feelings during the hearing, stating that Smith altered her perception of men in her life, especially male colleagues.

“When [the calls] were increasing in duration and intensity, it just put me in, obviously, a place of wondering or bracing for escalation,” she said in April. “I was just concerned, if that was increasing, is there going to be an in-person altercation with this unknown person.”

She expressed fear so intense that she started carrying animal repellent on her keychain and a loud alarm for emergencies.

“I was sprinting to and from my vehicle,” she said about times when she was at home or out at places like the gym.

The woman’s identity is protected by a court publication ban as well as an order issued by the hearing officer regarding the police disciplinary case.

Smith shows potential for ‘rehabilitation’

However, Walton mentioned that Smith has “rehabilitation potential” and could still serve a purpose within the Windsor Police Service as an officer.

“Yes, it was very serious and officer Smith, as Mr. Walton explained, was very close to being terminated,” said Kent Rice, president of the Windsor Police Association. “However, [he] did believe that it still felt in the realm that a significant penalty could be imposed and that he still could serve a meaningful function to the Windsor Police Service.”

Difficulties with mental health issues along with struggles related to alcohol were noted during the hearing concerning Smith’s situation.

Walton highlighted that it was important Smith began treatment right after his arrest and has continued since then.

Smith has already pleaded guilty to criminal harassment and indecent phone calls. In July, he received a conditional discharge from Windsor’s Ontario Court of Justice.

DURING HIS TWO-YEAR probation period, he’s not allowed any contact with the complainant. Since both work at Windsor police station, the judge mandated a 30-minute buffer before and after shifts so they wouldn’t encounter each other directly.

Walton agreed they should never have to work together again.

You also recognized it would impose challenges on the Windsor Police Service regarding scheduling him without overlapping shifts with the victim.

“There will be some difficulties associated with that,” said Windsor Police Service Deputy Chief Karel De Graaf. “We are, however, a large organization so we will have to look into developing safety measures for both involved parties while coming up with respectful resolutions.”

Officer viewed as ‘less effective’

Walton acknowledged that Smith’s behavior “renders him a less effective employee.”

This raised concerns about whether his credibility might be questioned if he ever had to testify in court regarding cases where he served as an officer.

BUT THE HEARING OFFICER stated his conduct shouldn’t prevent him from participating in criminal investigations even if those include cases related to harassment or sexual assault.

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