# 2022-191 Harassment, Harassment

Case summary

F&R Date: 2023-10-17

The grievor grieved the Responsible Officer's (RO) decision that several harassment allegations against the grievor were founded following a harassment investigation. The grievor also argued that the harassment investigator was biased, that the allegations of harassment were untimely, the process took too long to conclude, and that procedural fairness was not afforded. As redress, the grievor requested that the founded allegations be removed from personnel records.

There was no Initial Authority (IA) decision, as the IA was unable to render a decision within the prescribed four months and the grievor requested review by the Final Authority (FA). 

As preliminary issues, the Committee found that there was no conflict of interest or bias on the part of the harassment investigator. The Committee also found the timeliness of the harassment allegations and the time it took for the harassment investigation and decision to be rendered to be in line with the Harassment Prevention and Resolution Instructions. The Committee further found that the grievor was afforded procedural fairness during the harassment investigation process.

The Committee considered the evidence on file and found that all but one allegation of harassment did not meet the definition of harassment provided in Defence Administrative Orders and Directives 5012-0, Harassment Prevention and Resolution. However, the Committee found that the final allegation of harassment, which was an overall culmination of the grievor's behaviour towards the complainant, was founded. 

The Committee recommended that the FA quash the RO's decision and render a new determination.