# 2019-205 Careers, Regular Officer Training Plan

Case summary

F&R Date: 2021-01-29

The Royal Military College (RMC) was undergoing a period of significant institutional change during the grievor's fourth year of studies. The Chief of the Defence Staff (CDS) had directed widespread changes in programme delivery at the RMC, one of which required officer cadets to attain a minimum competency level of BBB in their second official language in order to graduate and commission.  

The grievor, who had been ineligible to receive second language training (SLT) in his first year of studies, was not expected to achieve the BBB level by the end of his fourth and final year at the RMC. Consequently, the grievor was removed from academic studies in order to undergo full-time SLT. He was permitted to resume his studies the following year, after he had achieved the minimum second language competency level of BBB. In order to avoid delaying his graduation and commissioning by a full year, the grievor paid to take distance-learning courses, which were unavailable at the RMC, and graduated one semester later than expected.

The Initial Authority (IA) determined that the grievor's removal from academics (to focus on SLT) was conducted fairly and in accordance with the CDS directive. Furthermore, the IA also granted the grievor reimbursement for the distance learning courses he had paid for, finding it was in the best interests of the Canadian Armed Forces for the grievor to graduate as soon as possible. This enabled the grievor to begin trade training six months earlier than if he had had to wait for SLT at the RMC.

The Committee accepted that the grievor was unlikely to have achieved the BBB level in time to graduate with his peers at the end of his fourth year of studies. However, the Committee noted that the grievor's particular circumstances, including his ineligibility for SLT during his first year of studies, were not taken into account when the decision was made to remove him from academics. 

The Committee found it was unfair for the grievor to have to pay for distance learning courses that were not offered at the RMC, but for which he had to pass if he did not want to delay his graduation and commission by a year. The Committee also found that this unfair situation was compounded by the fact that the Commandant of  the RMC had allowed three of the grievor's peers to commission even though they did not have BBB second language levels. The Committee recommended that the Final Authority backdate the grievor's graduation and commissioning date by 10 weeks in order to compensate the grievor for the SLT he had not been provided with over the course of his studies at the RMC.