NC-211 – Harassment

The Appellant appeals the Respondent’s Decision that the Alleged Harasser did not engage in harassment. He argues that the Respondent was biased, that he failed to properly assess the issue of harassment, and that the decision was clearly unreasonable. 

The ERC found that the Appellant did not rebut the presumption that the Respondent was impartial, but found that the Respondent erred in law by improperly placing the burden of proof on the Appellant to establish harassment. The ERC further found that there was a breach of procedural fairness because a document submitted by the Appellant was erroneously omitted from the materials that were before the Respondent when he made his decision. 

The ERC recommends that the appeal be allowed, and the matter, including the omitted evidence, be remitted for a new decision.