NC-185 - Harassment

The Appellant appealed the decision of the Commanding Officer of “[X]” Division (Respondent) finding that he failed to establish that he had experienced harassment.

On appeal, the Appellant argues that his rebuttal was not included in the final report or included in its entirety, that the Respondent failed to make a fair assessment of his statements and the evidence provided, and that based on the evidence on the record, the decision is clearly unreasonable.

The ERC found that the rebuttal was appended to the investigation report and that it was therefore before the Respondent when he rendered his decision. Furthermore, the ERC found that the Respondent’s reasons for decision contained no errors of fact and that the decision was therefore not clearly unreasonable. Finally, the ERC found that, although the Respondent referred to the intent of the Alleged Harasser in the decision, he clearly understood the legal framework he was required to apply and did not take into consideration the Alleged Harasser’s intent when he concluded that the Appellant failed to establish that the Alleged Harasser had harassed him. 

The ERC recommends that the appeal be dismissed.