# 2021-017 Harassment, Sexual misconduct

Case summary

F&R Date: 2021-12-07

The grievor challenged the outcome of a harassment resolution process, which concluded she had not been harassed. As redress, the grievor requested that the Canadian Armed Forces (CAF) acknowledge that she had in fact been harassed; that the respondent be subject to administrative, disciplinary and remedial measures; and that she be provided with a harassment-free workplace. The Initial Authority found that the harassment resolution process was procedurally fair and its outcome was reasonable.

The Committee conducted a de novo review of the grievor's harassment complaint to determine if her allegations constituted harassment in accordance with Defence Administrative Order and Directive 5012-0, Harassment Prevention and Resolution as well as the Department of National Defence Harassment Prevention and Resolution Instructions. Applying the harassment criteria to the evidence provided, the Committee found that one of the grievor's allegations constituted harassment while the other two did not.

The Committee recommended that the Final Authority (FA) direct the applicable CAF authorities to recognize that the first allegation in the grievor's harassment complaint constituted harassment and to amend the associated records accordingly. The Committee also recommended that the FA ensure that the situation between the grievor and the respondent be resolved and that the grievor not be penalized for submitting her harassment complaint. 

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation to uphold the grievance. The CDS explained that the respondent's house qualified as the “workplace” in accordance with Defence Administrative Orders and Directives 5012-0 and Land Force Command Order 11-99, Canadian Rangers, which states that in the unique Ranger context, a Ranger's residence can also be considered as their workplace. He found that one of the grievor's allegation of harassment, if proven, would meet the definition. The CDS found that he could not order remedial or administrative measures against the respondent in the absence of an harassment investigation. He invited the grievor to consider filing a complaint.