# 2022-001 Harassment, Harassment, Situational Assessment

Case summary

F&R Date: 2023-10-06

The grievor challenged the decision by the Responsible Officer (RO) to close his harassment complaint file. He called the RO's decision unfair and biased, and believed that the RO had ignored or underestimated the justifications and explanations by deforming their meaning. The grievor noted that the respondent had demonstrated reprehensible, unfair, discriminatory and racist behaviour, as substantiated by evidence the grievor had submitted. As redress, the grievor requested that his complaint be reconsidered and that there be an investigation. He also asked that the Canadian Armed Forces (CAF) grant him reasonable material compensation, given the negative impact of the respondent's actions.

The Initial Authority (IA) noted that the findings of the Situational Assessment were accurate, even though the RO did not explain his reasoning in detail. The IA agreed with the RO's finding that the respondent's conduct was not offensive and that his behaviour was reasonable and within the normal expectations of an instructor in a CAF establishment.

The Committee concluded that, as per Defence Administrative Order and Directive 5012-0 and the Harassment Prevention and Resolution Instructions, the situations described in the complaint submitted by the grievor did not constitute harassment. The Committee also found that the grievor had not submitted any evidence confirming that the respondent had acted in an inappropriate or reprehensible manner towards the grievor. Consequently, the RO's decision to close the grievor's file was reasonable and in accordance with the applicable provisions. 

The Committee recommended that the Final Authority not grant the grievor redress.