NC-296 - Harassment

The Alleged Harasser was the Appellant’s Detachment Commander. The Appellant brought a harassment complaint (Complaint) against the Alleged Harasser. The Complaint contained seven alleged incidents.

An investigation was mandated into the Complaint. Two investigators conducted interviews including with the Appellant and the Alleged Harasser. A Final Investigation Report (FIR) was provided to the Respondent. After considering the FIR, the Respondent found that the Complaint did not meet the definition of harassment. The Appellant appealed the Respondent’s Decision. 

The ERC found that the Respondent’s decision was procedurally unfair and clearly unreasonable.

The ERC applied the test for a reasonable apprehension of bias and found that an informed person viewing the matter realistically and practically would think that the circumstances leading to the decision gave rise to an objectively reasonable concern that the Complaint was not decided fairly. This is because there was a protracted delay in the Complaint process, followed by a highly compressed period for the Respondent to review the record, and issue a markedly rapid decision.

The ERC also found that the decision was clearly unreasonable, as it contained significant shortcomings, including material omissions and findings which lacked rational and tenable lines of analysis.

The ERC recommends that the appeal be allowed and remitted to a new decision-maker.