# 2018-064 Careers, Counselling and Probation, Remedial measures

Case summary

F&R Date: 2019-10-18

The grievor grieved being issued Counselling and Probation (C&P) for the same conduct deficiency for which he was previously issued a Recorded Warning (RW).

As the decision to issue C&P was rendered by an officer reporting directly to the Chief of the Defence Staff CDS), the grievance was referred to the Final Authority (FA), in accordance with the relevant provisions of the Queen's Regulations and Orders for the Canadian Forces.

The Committee noted that the grievor's alleged harmful and inappropriate sexual behavior (HISB) triggered an investigation by the Canadian Forces National Investigation Service (CFNIS) that resulted in his being charged under the Code of Service Discipline (CSD). Following the CFNIS investigation, the grievor was issued an RW, which he successfully completed without any further incidents of a similar nature. A court martial subsequently found the grievor not guilty of the CSD charges. He was then issued C&P on the basis of “new evidence” purportedly revealed at the court martial.

The Committee carefully reviewed the court martial transcript and found that it revealed no new information that the grievor's chain of command was unaware of at the time it issued the RW. It then reviewed the evidence that formed the basis for the C&P and found that it did not equal sexual misconduct, HISB, or harassment. Accordingly, the Committee found that contrary to remedial measures policy, the C&P was issued for a deficiency that had already been corrected through a previous remedial measure.

The Committee recommended that the FA afford the grievor redress by cancelling the C&P and expunging it from his personnel records.

FA decision summary

The CDS agreed with the Committee's findings and recommendation that the C&P and all related documents be expunged from the grievor's files.