# 2019-163 Careers, Initial counselling, Remedial measures

Case summary

F&R Date: 2020-10-27

The grievor argued that the initial counselling (IC) he received while on course was based on an unjustified allegation. As redress, he asked that the IC be rescinded and that all record of it be struck from his personnel file.

The Initial Authority (IA) granted redress, finding that the grievor's unit Commanding Officer had not agreed to, nor authorized that a remedial measure (RM) be issued to the grievor. The IA directed that the IC be removed from the grievor's personnel file. However, the grievor continued to object to comments in his course report referring to the disputed allegation.

The Committee examined the disputed allegation and found, on a balance of probabilities, that the grievor did not commit any form of misconduct and that there was no justification for issuing him an RM. Consequently, the Committee also found that the grievor's course report had to be rewritten to reflect no wrongdoing on his part.

The Committee recommended that the grievor's course report be amended accordingly.

FA decision summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation that the grievor's course report not reflect any academic misconduct or wrongdoing by the grievor. The FA found that there had been no justification for a remedial measure as the students had been authorized to work together on the assignment in question and they were not properly briefed on the extent of teamwork permitted.