# 2019-134 Careers, Initial counselling, Operation HONOUR, Remedial measures

Case summary

F&R Date: 2020-05-26

In two grievances the Committee consolidated into one, the grievor challenged an initial counselling (IC) issued to her for allegedly kissing a civilian guest of honour at a mess dinner, contrary to sexual misconduct policy. She also challenged the findings of a situational assessment (SA) into a harassment complaint she filed against a colleague. As redress, the grievor requested that the IC be removed from her personnel records, that her harassment complaint be acknowledged and that her colleague be subject to remedial and/or disciplinary action for his alleged harassment of her.

Regarding the IC, the Initial Authority (IA) acknowledged several errors in its administration and directed the grievor's chain of command to attach a letter to that effect to the IC. Regarding the harassment grievance, the IA found that the colleague's actions did not equal the definition of harassment.

The Committee examined the military police investigation into the mess dinner incident and noted that the civilian guest of honour denied that the grievor had kissed him in an inappropriate manner. In addition, the Committee found that, contrary to Defence Administration Order and Directive 5019-4, Remedial Measures, the IC was issued six months after the mess dinner incident, its monitoring period was successfully completed before it was issued and the grievor was not provided with a detailed remedial plan or monitoring schedule. The Committee found that these fundamental errors warranted quashing the IC in its entirety.

Regarding the grievor's harassment complaint, the Committee conducted its own SA to determine if the colleague's actions met the harassment definition. The Committee found that the colleague's actions did not equal improper conduct that the colleague knew, or ought to have known, would cause the grievor offence or harm. Accordingly, the Committee found that the colleague's actions did not equal harassment.

The Committee recommended that the Final Authority (FA) quash the IC and order the removal of all references to it from the grievor's personnel records. It also recommended that the FA not afford the grievor redress with respect to her harassment complaint.

FA decision summary

The acting Chief of the Defence Staff, acting as FA, agreed with the determinations and recommendation related to the imposition of the IC, submitted to the grievor over six months after the incident, and recommended that it be expunged from her personnel record. The FA added that an erroneous remedial measure had been imposed on the grievor for sexual misconduct, whereas the issue had concerned the grievor's excessive alcohol consumption. However, given that the grievor had been proactive in addressing her drinking problem and that she was now released from the Canadian Armed Forces, the FA determined that it was not necessary to impose a new remedial measure. With regard to the harassment complaint, apart from a few minor differences in the weighing of the six criteria in the applicable provisions, the FA agreed with the Committee's determination that the definition of harassment was not met and agreed with the Committee's recommendation not to grant redress to the grievor for this element.