C-150 - Conduct Appeal

The Appellant appealed a conduct authority decision which found an allegation against them had been established for sexual harassment, contrary to section 2.1 of the RCMP Code of Conduct. The allegation described comments and behaviours the Appellant engaged in toward a Detachment Services Assistant (Complainant). As conduct measures, the Respondent imposed an indefinite demotion to constable, ineligibility to be promoted for 3 years, a transfer from the detachment, and close supervision for one year. 

The Appellant submitted that the findings that led to the allegation being established, and the resulting conduct measures, were clearly unreasonable. Regarding the findings, the Appellant argued that the evidence does not point to a finding that his actions would lead a reasonable person to take offence. Regarding the measures, the Appellant believed that the conduct measures imposed were unfair and excessive. He also claimed that the Respondent allowed aggravating factors that do not properly reflect the Appellant’s situation.

The ERC found that the Appellant’s arguments were essentially a request to re-weigh the evidence, which is beyond the scope of this statutory appeal. Specifically, the decision-maker acted appropriately by assessing the evidence even when there were only competing recollections between the Appellant and Complainant. As well, there was no burden of the Complainant to express dissatisfaction to the Appellant about their behaviour prior to making a complaint.

Concerning the Appellant’s disagreement with the conduct measures, the ERC found that the arguments do not amount to a basis to overturn the measures. The ordered conduct measures reflected the concerns raised by the Respondent in assessing the mitigating and aggravating factors and those concerns were based on evidence in the record. 

The ERC recommends that the appeal be dismissed.