NC-167 - Harassment

The Appellant alleged that the Alleged Harasser made derogatory comments about him to other members during an off-site meeting. The Appellant learned of the purported incident years later, while reviewing a separate harassment complaint.

The Respondent determined that, on a balance of probabilities, the Alleged Harasser never uttered the reported words.

On appeal, the Appellant argued that the Respondent did not arrive at his conclusions using the correct standard of proof: on a balance of probabilities. The Appellant believed that it was more likely than not that the Alleged Harasser uttered the reported derogatory words. As redress, the Appellant requested that the material be reviewed again, using the correct standard of proof.

The Decision is Not Clearly Unreasonable

The Appellant sought a reweighing of the evidence. Absent exceptional circumstances, however, a reviewing court will not interfere with factual findings.

The ERC found that the Respondent’s Decision demonstrates that he considered and weighed all of the evidence and applied the correct standard of proof. There was no evidence that the decision maker fundamentally misapprehended or failed to account for the evidence before him.

The ERC found that the Appellant’s concerns do not amount to a fundamental misapprehension of the evidence concerning the central finding, and that a reweighing of the evidence is not warranted.

The ERC recommends that the appeal be dismissed.