C-176 - Conduct (Discipline) Appeals

The Appellant appealed the Respondent’s decision that found two allegations of misconduct established (Decision). First, the Respondent concluded that the Appellant did not perform her duties diligently when she did not remain present while evidence samples were being shaken as part of an extraction procedure. The Respondent held that the Appellant’s actions amounted to a breach of section 4.2 of the RCMP Code of Conduct. Second, the Respondent concluded that the Appellant did not give an honest answer when asked by a superior about leaving the laboratory while samples were undergoing the shaking process. The Respondent found this a contravention of section 8.1. As a result, the Respondent ordered the Appellant receive close supervision for six months when she returns to duties and the loss of three days’ pay.

The Appellant argued that the Respondent exhibited a reasonable apprehension of bias. In support of this argument, the Appellant refers to several events. The Appellant stated that the Respondent did not disclose the scope of a supplemental investigation to the Appellant until the conduct meeting. The Appellant also argued that the subject matter of the supplemental investigation indicated a closed mind. The Appellant believed that the Respondent was in a role that involved disputes around the Appellant’s performance and that this resulted in a conflict of interest and a closed mind. Finally, the Appellant argued that the Respondent made irrational findings regarding the false reporting allegation and this further demonstrated the Respondent’s bias.

In reviewing these arguments and assessing the arguments both individually and holistically, the ERC found that the Appellant was not able to demonstrate that an informed person, viewing the matter realistically and practically, and having thought the matter through, would conclude that it is more likely than not that the decision-maker, whether consciously or unconsciously, would consider the matter unfairly.

The ERC recommends that the appeal be dismissed.