C-076 - Conduct Authority Decision

The Appellant appealed the decision of the conduct authority (Respondent) who found three allegations of harassment established, contrary to section 2.1 of the Code of Conduct.

The appeal involved sexual harassment in the form of inappropriate and denigrating comments by the Appellant towards three separate female members of the Appellant’s unit. The Respondent learned of some of the Appellant’s behaviour on January 25 and some on March 5, 2021. A Code of Conduct investigation was mandated and numerous witnesses were interviewed. A Notice of Conduct Meeting, dated December 17, 2021, was served on the Appellant. The Conduct Meeting was held on January 3, 2022, and the Respondent issued his decision (Decision) on the same day. After finding the allegations established, the Respondent imposed a forfeiture of pay of 20 days to be deducted from the Appellant’s pay.

While the conduct process was ongoing, the Appellant had submitted his retirement documents, which was to take effect the day after the scheduled Conduct Meeting. In his written submission to the Respondent, the Appellant argued that, since he was retiring, the conduct process was punitive. He added that no conduct measures should be imposed since conduct measures were to be corrective and not punitive. The main issue in this appeal was whether the Respondent erred in imposing conduct measures the day before the Appellant’s retirement. 

The ERC found that the Respondent did not err in its interpretation of section 36.2(e) of the RCMP Act. It found that the Respondent could impose measures that were not educative and remedial in nature in the circumstances of this case. Lastly, the ERC found that the Appellant’s right to procedural fairness was not breached. He was provided sufficient time to provide a second medical report prior to the Conduct Meeting. Further, the Respondent allowed the Appellant the opportunity to address the conduct measures and mitigating factors at the Conduct Meeting.

The ERC recommended that the appeal be dismissed. 

The Commissioner’s decision, as summarized by his office, is as follows:

The Appellant challenges the Respondent’s decision to hold a Conduct Meeting one day before the Appellant’s planned retirement date. The Respondent found that the Appellant contravened the RCMP Code of Conduct and imposed conduct measures of 20 days of pay.

Alleging that the conduct measures were punitive and contrary to the purpose of the conduct process set out in the RCMP Act, the Appellant appealed the decision on the basis that the Respondent contravened the principles of procedural fairness and made an error of law. The appeal was referred to the ERC for review. The ERC recommended that the appeal be denied.

The adjudicator accepted the ERC recommendation after finding no manifest and determinative errors in the Respondent’s decision and dismissed the appeal.