# 2010-032 Releases, Release - Compulsory, Release - Conduct/Performance, Sexual misconduct

Case summary

F&R Date: 2010-11-24

The grievor was found guilty in civilian court of a sexual related offence. The grievor maintained his innocence and appealed the court decision. The Director Military Careers Administration elected to proceed with an administrative review (AR) on sexual misconduct and decided to release the grievor under item 2(a) of the table to article 15.01 of Queen’s Regulations and Orders for the Canadian Forces (CF) – Unsatisfactory Conduct.

The grievor submitted a grievance objecting to the decision to release him, arguing that the CF should wait for the decision on his appeal. Due to their prior involvement in the file, neither the Director General Military Careers nor the Chief Military Personnel could act as Initial Authority (IA). Hence, no IA decision was rendered.

The Board examined the Defence Administrative Orders and Directives 5019-5 – Sexual Misconduct and Sexual Disorders; 5019-0 – Conduct and Performance Deficiencies; and 5019-2 – Administrative Review, and found that the AR process was properly and fairly conducted in the grievor's case.

The Board also found that the CF was not obligated to wait until the appeal process was exhausted before taking administrative action; and that the decision to release the grievor was reasonable.

The Board recommended that the Chief of the Defence Staff (CDS) deny the grievance.

FA decision summary

The CDS agreed with the Board's findings and its recommendation to deny the grievance.