The psychological evaluation can be one of the most personal stages of the New York City Police Department hiring process. Candidates may be asked to discuss their education, employment, medical and psychological history, legal history, social relationships, and other areas that may relate to their suitability for police work. The NYPD describes the written portion as a full day of autobiographical questionnaires, symptom inventories, and objective personality measures. It describes the oral portion as an approximately one-hour, one-on-one evaluation with a psychologist. 1
Why Do NYPD Psychological Evaluation Practices Matter in an Appeal?
Psychological evaluation practices matter because concerns arising from the evaluation may lead to a Notice of Proposed Disqualification (NOPD). If those concerns are not resolved, the candidate could ultimately receive a final disqualification.
Disqualification Appeals works with candidates who receive a Notice of Proposed Disqualification (NOPD) involving psychological, medical, or character concerns. In cases involving a proposed psychological disqualification, our team reviews the department’s stated concerns and, when relevant, questions involving evaluator qualifications, supervision, and assessment procedures.
Our experience with psychological disqualification appeals helps us understand how those questions may relate to a candidate’s individual evaluation and the concerns identified in the notice.
Why Did NYPD Psychological Evaluation Practices Receive Public Attention?
Questions about NYPD psychological evaluation practices received increased public attention after a City & State investigation into the credentials of people working in the department’s psychological assessment units. City & State reported that its review found 55 of 74 individuals who conducted NYPD psychological assessments over the previous decade did not have a license or permit to practice psychology. The reviewed units included personnel assessing potential recruits and officers following shootings or other traumatic events.
How Did the NYPD Respond?
The NYPD told City & State that employees in the psychological assessment units were exempt from individual licensure under New York Education Law. The department also stated that it met licensed-supervision requirements and that supervisors reviewed all cases.
How Does the NYPD Psychological Evaluation Work?
The NYPD states that attending therapy or counseling does not automatically disqualify a candidate. Instead, the department may consider why treatment was sought, what the treatment addressed, when it occurred, and how the candidate has functioned since then. 1
Medication use also does not create an automatic disqualification under the NYPD’s published guidance. The department states that it considers the reason for the prescription, the symptoms involved, the candidate’s response to the medication, and the treatment timeline. The same guidance states that there are no automatic mental health disqualifiers and that candidates are considered individually. 1
New York’s police-candidate regulations similarly require the qualified psychologist or psychiatrist to assess each candidate on a case-by-case basis. The regulations state that the existence of a potentially disqualifying condition does not automatically prevent a finding that the candidate can perform the essential functions of a police officer. 3
What Qualifications Apply to Police Psychological Evaluators?
New York regulations define a qualified psychologist or psychiatrist for police-candidate assessments as a New York State licensed psychologist or board-certified psychiatrist. The individual must also have the necessary experience and qualifications to administer psychological tests and interpret results for public-safety candidates and must be designated by the appropriate municipal civil service commission. 3
The New York State Education Department Office of the Professions generally provides that only a person who is licensed or otherwise authorized may practice psychology or use the title psychologist.
The same law contains an exemption covering certain activities and services performed by employees of federal, state, county, or municipal agencies when those activities are part of the duties of a salaried position. Students, interns, and psychology residents may also perform required activities as part of a supervised doctoral course of study, but their titles must clearly identify their training status. 4
The NYPD maintains that the municipal-employee exemption applies to the assessment personnel described in the City & State investigation. Attorney Eric Sanders, who represents former NYPD probationary officer Marquis Anderson, was quoted by City & State. In the article, Sanders discusses the department’s position and whether unlicensed individuals conducting these evaluations violated New York law.²
What Did the City & State Investigation Find?
City & State also reported that six of the 14 people then employed as psychologists in the NYPD assessment units did not have a license or permit. The investigation also reported concerns involving staff turnover, workload, supervision, and the professional titles used for assessment personnel. City & State indicated that the department’s records did not consistently identify psychology students as interns, trainees, or psychological assistants in materials such as staff rosters, professional titles, court filings, candidate paperwork, and department phone lists.²
Does an Evaluator’s Licensing Status Automatically Invalidate an Assessment?
The available reporting does not establish whether an evaluator’s licensing status automatically invalidates an assessment. The sources reviewed for this article do not identify a court decision, agency ruling, or formal finding that resolves the issue. City & State reported a dispute over which legal requirements apply, not a court decision establishing that every assessment performed by someone without a psychology license or permit is invalid. An appeal may examine how the evaluator’s credentials, role, and supervision relate to the candidate’s individual assessment rather than relying on licensing status alone.
What Should You Review After a Proposed Psychological Disqualification?
After receiving a Notice of Proposed Disqualification (NOPD), begin with the notice itself. Review each stated concern, the response instructions, and any deadline listed in the document.
Compare those concerns with what you disclosed during the application, the questions asked during the evaluation, the documents you submitted, and any information that may have been misunderstood or presented without enough context.
The candidate’s psychological and employment records may also matter. Depending on the concerns raised, relevant evidence may include treatment records, medication history, academic performance, employment evaluations, explanations of prior events, and information showing current stability and functioning.
The evaluator’s role may deserve additional review when the available records raise credentialing or supervision questions. That review may include the evaluator’s professional title, listed qualifications, supervisory arrangement, responsibilities during the interview, and involvement in the recommendation.
Why the Individual Facts Still Matter
A procedural or credentialing concern may be relevant to an appeal when it affects the reliability, fairness, or application of the evaluation. It does not eliminate the need to respond to the substantive concerns stated in the Notice of Proposed Disqualification.
The strategy for a proposed psychological disqualification will also differ from the strategy for a proposed medical disqualification or proposed character disqualification. Each category raises different standards, records, and factual questions.
Review Your NYPD Psychological Disqualification Options
Disqualification Appeals assists police candidates in the Bronx, Brooklyn, Manhattan, Queens, and Staten Island, as well as Nassau County and Suffolk County.
Our team reviews the Notice of Proposed Disqualification, the concerns identified by the New York City Police Department, available psychological records, and questions involving assessment practices or evaluator qualifications. An NYPD disqualification appeal lawyer can help determine which issues are relevant to the individual case and which evidence may support a response.
Contact Disqualification Appeals to discuss the circumstances of your proposed psychological disqualification and review the available next steps.
SOURCES:
1 – NYPD – Police Officer Frequently Asked Questions
2 – City & State – Investigation: Unlicensed Psychologists Perform Assessments of NYPD Candidates
3 – Westlaw – 9 NYCRR 6000.1, Definitions, and 6000.11, Required Psychological Standards
4 – NY State Education Department Office of the Professions – Article 153, Psychology