# 2022-067 Careers, Recorded Warning, Sexual Misconduct

Case summary

F&R Date: 2023-06-27

The grievor was issued a remedial measure (RM) in the form of a recorded warning (RW) for a conduct deficiency described as threatening to publish intimate photos of another Canadian Armed Forces (CAF) member and repeated attempts of unwanted and unsolicited contact of other CAF members, in violation of Defense Administrative Orders and Directives (DAOD) 9005-1, Sexual Misconduct Response, DAOD 5012-0, Harassment Prevention and Resolution, as well as the Department of National Defence and Canadian Forces Code of Values and Ethics. The grievor was also subsequently issued an RM in the form of counselling and probation (C&P) for a conduct deficiency described as continued attempts to repeatedly contact another CAF member in contravention of the RW. The grievor was further issued a Notice of Intent (NOI) to Recommend Release, and the Director Military Careers and Administration conducted an Administrative Review (AR) on the grievor's conduct. The grievor argued that the administrative actions were based on a lack of evidence and that the processes lacked procedural fairness.

The Initial Authority (IA) found that there was sufficient evidence to support that, on a balance of probabilities, the grievor displayed the reported conduct and repeatedly breached the conditions of the RMs, leading to the NOI to Recommend Release. The IA further found that the grievor's chain of command took reasonable measures to address his mental health, clearly articulated the nature of the conduct deficiency to the grievor, and properly informed him of the changes required to address the deficiency. The IA found that the request for an AR was reasonable, and the AR would continue.

After reviewing all of the documentation on file, the Committee determined that the grievor's actions breached DAOD 5012-0, as well as the Department of National Defence and Canadian Forces Code of Values and Ethics, warranting the RW in accordance with DAOD 5019-4, Remedial Measures. The Committee also found that the grievor then breached the conditions of the RW, warranting C&P in accordance with DAOD 5019-4. The Committee further found that the NOI to Recommend Release was justified in light of the grievor's repeated violation of the conditions of his RM. The Committee concluded that procedural fairness was respected in the RM, NOI and AR processes.

The Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Deputy Director, Canadian Forces Grievance Authority, acting as the Final Authority, agreed with the Committee's findings with respect to the Recorded Warning, the Counselling and Probation, and the Notice of Intent to Recommend Release, and with the Committee's recommendation to not grant redress.