# 2024-205 Careers, Judge Arbour Rec. 10 – sexual-related files

Case summary

F&R Date: 2025-07-04

The grievor challenged a Counselling and Probation (C&P) issued for allegedly engaging in a mutually consensual sexual relationship with a student, arguing that it was excessive, procedurally unfair, and maliciously delayed. The grievor denied the allegations and noted that the Unit Disciplinary Investigation (UDI) concluded there was insufficient evidence to charge him, despite further efforts by the unit to gather more evidence. The student reportedly involved with the grievor also denied the allegations, providing a favourable character reference to support the grievor. The grievor asked that the C&P be rescinded and removed from his file. 

The Initial Authority (IA) found that C&P was justified, that it was the appropriate remedial measure (RM) and that it was fairly administered in accordance with policy given the nature and seriousness of the allegations. The IA also deemed the four-month delay in issuing the C&P to be reasonable, as it was due to the time necessary to carry out a thorough investigation. The IA denied redress.

The Committee found that the C&P was not supported by reliable evidence and failed to meet the higher standard required for the highest level of RM with lasting career implications. The UDI lacked specific details, had no witnesses to the allegations, and offered only circumspect hearsay about alleged misconduct. Neither the grievor nor the student admitted to an inappropriate relationship and procedural fairness was lacking, as the grievor was not given full disclosure of information to provide informed representation. Even if a consensual relationship had occurred, Defence Administrative Order Directive 5019-1 states it should not result in punishment or career impact; at most, a lesser RM may have been appropriate. The Committee found the grievor was aggrieved and recommended that the Final Authority afford the grievor redress by quashing the C&P and having it, and every reference to it, removed from his record.