Dayton police sergeant Joseph Setty reinstated by arbitrator despite convictions

May 2—A Dayton police sergeant who was fired after he was convicted of several misdemeanor crimes has been reinstated following an arbitrator's ruling.
Joseph Setty, 43, was accused by multiple women of engaging in non-consensual sexual acts, and he pleaded no contest a year ago to unlawful restraint (a third-degree misdemeanor) and two counts of disorderly conduct (fourth-degree misdemeanors).
He was sentenced to up to three years of community control (probation), but the court terminated his community control earlier this year.
The Dayton Police Department released a statement this week announcing the arbitrator's ruling, and saying that the city will appeal. The city said the "serious nature" of the accusations of sexual assault against Setty should have played a bigger role in the arbitrator's decision.
"My concern is about our officers, this department and this profession," Dayton police Chief Kamran Afzal said in a statement. "I strongly believe that the correct decision is and remains that Setty should not work for this department."
Setty was placed on unpaid leave in June of last year and he was fired a couple of months later. The police officers' union, the Dayton Fraternal Order of Police, filed grievances, and an arbitrator ruled that Setty should be reinstated with back pay and benefits, the city said.
Setty was put on paid leave in 2023 after police leadership learned about accusations made against him on a private Facebook group called "Are We Dating the Same Guy?Cincinnati/Dayton."
The page provided a platform where women share information about men they date to try to determine if they are cheating or have bad reputations.
A few women told investigators with the Ohio Attorney General's Bureau of Criminal Investigation that Setty performed sex acts while they were being intimate that they did not consent to, and that he did not stop when told to, investigative records state.
One woman told investigators that she performed a sex act on Setty at his home in 2023 because she believed she did not have a choice and it was the only way she was going to be able to leave, an investigative report states.
Setty joined the Dayton Police Department in 2006 and was promoted to sergeant in 2016.
In a sentencing memo, Setty's attorney Antony Abboud said his client is an active member of the community, and was a respectable, kind and dedicated individual when serving in law enforcement.
"Mr. Setty has no previous criminal history and expresses remorse for his actions," the memo states.

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