C-130 - Conduct Appeals

The Appellant appealed the decision of the Conduct Authority (Respondent) who found that she breached section 7.1 of the Code of Conduct (Discreditable conduct) by engaging in public intoxication and getting involved in a public altercation during which she identified herself as a police officer and poured beer on another individual (Allegation 1), and section 8.1 (Reporting) by providing a false or misleading statement to her superior about her conduct during the alleged incident (Allegation 2).

The Appellant submitted that the decision is procedurally unfair for two reasons: first, she was not provided with the opportunity to make submissions on conduct measures and second, she was not provided disclosure of the supplemental investigation nor given the opportunity to respond to it. The Appellant also submitted that the decision is clearly unreasonable.

The ERC found that the decision was reached in a procedurally unfair manner for the reasons submitted by the Appellant, namely, that the Respondent did not give her the opportunity to make submissions on conduct measures and further failed to disclose the result of the supplemental investigation, thereby preventing her from knowing the case against her and having a full and fair opportunity to respond.

The ERC recommended that the appeal be allowed. The ERC recommended that the Commissioner or his delegate find Allegations 1 and 2 not established and rescind the conduct measures imposed for both allegations.

The Adjudicator agreed with the ERC Findings and Recommendations and as such, adopted the ERC Findings and Recommendations in their entirety as their reasons for concluding for that this appeal be allowed.