D-113 - Adjudication Board Decision

The Appellant admittedly engaged in repeated on-duty sexual activities with women whom he conceded to meeting online through the misuse of RCMP computers. He continued having on-duty sexual relations with some of the women after becoming aware that his behaviour was the subject of a Code of Conduct investigation. The Adjudication Board held that the Appellant's transgressions represented disgraceful conduct. It found that numerous aggravating features exacerbated the wrongdoing, thereby rendering the situation "not simply [one] of sexual conduct while on duty and nothing more". It further found that the Appellant's offence was disturbing to both the community and the RCMP, and that the Appellant had irreparably violated the public's and the Force's trust. It ultimately held that the mitigating factors did not sufficiently counter the severity of the misconduct. It directed the Appellant to resign within 14 days, or be dismissed.

The Appellant submitted an appeal on the issue of sanction only.

The ERC found that the Adjudication Board's sanction analysis contained no inappropriate findings or significant factual errors. It also found that the Board respected the principles of procedural fairness, and that it duly considered the principle of parity of sanction. It further found that no unfairness or apprehension of bias arose from the Board's reasons for the sanction imposed.

The ERC recommended that the Commissioner of the RCMP dismiss the appeal.

The Commissioner has rendered a decision in this matter, as summarized by his office:

In a decision dated October 28, 2010, Acting Commissioner Knecht denied the appeal and upheld the sanction imposed by the Adjudication Board.

Acting Commissioner Knecht agreed with the ERC that the Board was not biassed against [the Appellant], and did not find that the Adjudication Board made any reviewable errors. The Board did not place undue emphasis on any one factor, nor did it take into account any factors which were not agreed to by the Appellant in the Agreed Statement of Facts or proven through the oral testimony of witnesses. The Acting Commissioner found that the Adjudication Board considered the relevant factors in assessing penalty and weighed them appropriately and in a fair and impartial manner. Considering the mitigating and aggravating factors, the direction to resign or be dismissed was reasonable.

The Acting Commissioner found that the Appellant's conduct caused irreparable damage to the employment relationship with the Force and that his retention would endanger the high level of trust, credibility and responsibility which the Force is entitled to expect from its members. The Acting Commissioner found that the Appellant's request for an opportunity to rebuild trust at a larger detachment was not reasonable. The Force was not required to relocate the Appellant and provide extra supervision, which would impose an undue burden on the Force. Members are required to have integrity no matter where they serve.

The Appellant was ordered to resign from the Force, and if he failed to do so within fourteen days he was to be dismissed.