# 2025-061 Careers, Misuse of Alcohol, Procedural Fairness, Remedial Measures, Procedural fairness and DAOD 5019-4 (Remedial Measures), Sexual Misconduct

Case summary

F&R Date: 2026-02-26

The grievor disputed two remedial measures (RM) in the form of counselling and probation (C&P): one for sexual misconduct and one for a conduct deficiency involving alcohol. The grievor argued that the Administrative Review (AR) process that preceded the C&Ps was procedurally unfair. 

The Initial Authority was unable to render a decision within the timeframe established under paragraph 7.15(2) of the Queen's Regulations and Orders for the Canadian Forces and the file was forwarded to the Final Authority (FA). 

The Committee examined the procedural fairness extended to the grievor and determined that the grievor's right to be heard was respected in the process and that he was provided clear reasons in the AR decision. 

The Committee also assessed whether there was clear and convincing evidence on file that justified each RM. Regarding the C&P for sexual misconduct, the Committee concluded, on a balance of probabilities, that the grievor demonstrated a conduct deficiency of a sexual nature in contravention of Defence Administrative Orders and Directives 9005-1, Sexual Misconduct Response. For the C&P for a conduct deficiency involving alcohol, the Committee found sufficient evidence that the grievor drove a Department of National Defence vehicle within eight hours of consuming alcohol, contrary to the Transport Manual. The Committee considered the factors in the selection of the appropriate RM and concluded that both C&Ps were appropriate given the grievor's rank, position of authority, and level of experience.

The Committee recommended that the FA not afford the grievor redress but that the C&P for the conduct deficiency involving alcohol be amended to reference the Transport Manual as the applicable policy that was contravened.