Sarnia police inspector charged with discreditable conduct and neglect of duty

A Sarnia police inspector previously accused of assaulting and harassing a fellow officer, leading to a third-party probe that uncovered a toxic environment at Sarnia police headquarters, faces three new charges under the Police Services Act.

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Dwayne Whelpley is charged with two counts of discreditable conduct and one count of neglect of duty. Whelpley is accused of knowingly inserting himself into an investigation that he had a conflict of interest with between Feb. 20 and Feb. 22. It’s also alleged he failed to initiate a timely investigation into potential criminal conduct by a fellow member of the Sarnia police force on Feb. 24.

The document does not say who that officer is or list complainants, but it guarantees penalties of demotion or dismissal could be imposed if misconduct is proven on clear and convincing evidence.

The document was signed Oct. 11 by Sarnia police Chief Derek Davis and ordered Whelpley to appear Wednesday by video link to respond to the allegations in front of retired OPP superintendent Morris Elbers. Whelpley wasn’t on Wednesday’s video conference, but lawyer Lucas O’Hara told Elbers his client is off work on medical leave and Davis excused him from being at the first appearance. Prosecutor Alex Sinclair also confirmed Whelpley was excused.

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Sinclair added the investigation into the allegation of misconduct was done by another police force and they’ve asked for the case file, but haven’t received it yet. The hearing was adjourned to Dec. 17 to give the prosecutor time to get the file and for the two lawyers to discuss the case.

Whelpley, an inspector since 2020 who made $178,000 in 2023, according to ontariosunshinelist.com, was accused in 2020 of assault and harassment by a fellow officer. Jaime McCabe-Wyville, then a staff sergeant on unpaid leave, accused him of ripping her shirt and scratching her chest above her left breast inside the Sarnia police gym in 2013. The alleged assault was followed by years of harassment, including Whelpley allegedly following her in a police cruiser, McCabe-Wyville and her lawyer said at the time.

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At the request of Norm Hansen, Sarnia’s police chief at the time, Windsor police investigated the allegations. A 2020 report said reasonable grounds were satisfied for assault and criminal harassment charges, but they did not recommend proceeding with the charges as the Windsor-Essex Crown attorney’s office found there was no reasonable prospect of conviction.

A third-party report by lawyer Helen Daniel into the allegations was also released in 2021. It found no evidence of assault, harassment or workplace violence, but it did find Sarnia’s police department was a toxic workplace because of pervasive gossip stemming from these and other allegations.

The report wasn’t made public, a move Hansen stood by, while the Ministry of Labor later said it was wrong as it did not include interviews of six witnesses and misapplied the definition of workplace violence.

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Soon after Daniel’s report came out, McCabe-Wyville complained of continued harassment, including accusing Whelpley of calling her at home at 1:44 am on Feb. 13, 2021, her lawyer said at the time. Amid concerns for her safety, a Sarnia city councilor lodged a formal complaint against Hansen in February 2021. It was later dismissed.

Whelpley repeatedly declined comment as the allegations surfaced.

McCabe-Wyville, who also alleged she was threatened by police admission for publicly speaking about what happened and offered money by the force to withdraw her complaints, had her dispute resolved in May 2021. About six months later, Hansen’s retirement was announced and Davis, then a Halton Regional police superintendent, was hired as chief later that spring.

-with files from Tyler Kula

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