# 2014-056 - Pre-Deployment Screening

Case Summary

F&R Date: 2014–09–30

The grievor was removed from an operational deployment by her Commanding Officer (CO) after she had medically screened RED, a complaint had been submitted against her to the College of Physicians and Surgeons (CPS) and after she had failed her EXPRES test.

The grievor challenged this decision, indicating that her medical information was inappropriately accessed by the Base Surgeon (B Surg), who also had submitted the complaint against her to the CPS, and that she felt uncomfortable being medically screened by the B Surg's spouse, a military Medical Officer (MO).

The grievor explained that the CPS complaint should not have been considered by the CO since its investigation could not be completed until her return from deployment. The grievor also stated that her EXPRES test failure was irrelevant given that she had successfully passed the Battle Fitness Test (BFT).

Concerning her removal from the operational deployment, the Initial Authority (IA) stated the grievor's failure of the EXPRES test would have justified in itself the CO's decision. With regard to the implication of the B Surg, the IA concluded to a lack of transparency that placed doubt as to the correctness, validity and reliability of the B Surg's conclusions and recommendations. This was primarily based on the fact that the B Surg and the assessing MO were in a personal relationship, that he had ordered his wife to carry out the grievor's pre-deployment screening despite her concerns and that of the grievor, and that he had personally contributed to the CPS complaint. Finally, on the question of the CPS complaint, the IA stated that this matter was outside of the purview of the grievance process and could therefore not be considered.

The Committee had to determine whether the decision to remove the grievor from her deployment was justified and if the grievor's personal medical information was accessed inappropriately.

Given that the CPS complaint alleged that the grievor may have been exposing her patients to potential injury or harm, the Committee found it reasonable and wise for the CO to consider it. The Committee then assessed the seriousness of the allegation against the grievor's duties and responsibilities while deployed and concluded that the CO was justified in removing her from her tour. The Committee further stated that the grievor could not deploy until the investigation had been completed.

On the issue of physical fitness, the Committee found that the grievor's EXPRES test failure would have been insufficient in itself to warrant her removal from the tour; namely because she had passed her BFT, the established physical fitness requirement for the mission.

In assessing the grievor's medical record, the Committee noted no less than 88 different entries performed by the B Surg. In reviewing and assessing these entries, the Committee was not convinced that these accesses had been carried out of the B Surg's professional duties. The Committee recommended that the CDS recognize that the grievor's personal information has been accessed inappropriately and without her consent.

CDS Decision Summary

CDS Decision Date: 2015–03–10

The Final Authority (FA) agreed with the Committee's findings and recommendation which was to recognize that the grievor's personal information has been accessed inappropriately and without her consent. The FA found that the manner in which the decision was made was improper. The FA found that any actions identifying individuals with regards to their behaviour in this case were to be taken directly with their chain of command.