Sergeant fired after sexual misconduct allegations could get job back; city to appeal decision
The Dayton Police Department is responding as a police sergeant fired by the department after sexual misconduct allegations is on the verge of getting his job back.
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In a statement sent to News Center 7 on Thursday, the Dayton Police Department (DPD) said it was 'disappointed with the arbitrator's decision' to rule in favor of the Fraternal Order of Police (FOP) regarding the grievance the union filed on behalf of fired Sergeant Joseph Setty.
The grievance claimed the department violated Setty's contract when firing him.
>> PREVIOUS COVERAGE: Police sergeant fired after sexual misconduct allegations on verge of getting job back
An independent arbitrator sided with the FOP, stating Setty should be reinstated with back pay, benefits, and seniority restored. It's a decision DPD confirmed that the city would be appealing.
'My concern is about our officers, this department, and this profession. I strongly believe that the correct decision is and remains that Setty should not work for this department,' Police Chief Kamran Afzal said.
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The department believes the nature of the accusations against Setty should have carried more weight with the arbitrator.
As previously reported by News Center 7, Setty was placed on paid leave in March 2023 after more than one woman accused him of sexual assault.
The Ohio BCI conducted a criminal investigation, and the Dayton Police Department did an internal investigation.
Setty pleaded guilty to a misdemeanor charge of unlawful restraint and two misdemeanor charges of disorderly conduct in May 2024.
These convictions did not automatically disqualify him from serving as a police officer.
The city moved Setty to unpaid leave in June, according to a previous News Center 7 report.
Setty was fired after the convictions and an internal police hearing in August.
The arbitrator wrote in the ruling, 'the employer lacked just cause to terminate (Setty) from employment as the penalty of discharge was not appropriate under the circumstances.'
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