Sexual misconduct allegations

[Mapleleaftrooper]

Question regarding a mbr with allegations of sexual misconduct. The victim gave a statement to MPs, however, decided not to press charges. MPs sent the report to the mbr’s unit. The unit also did not lay charges and the matter went to admin review.

The mbr was harassed by course O and staff before being PRBd and RTUd. No IC, no RW. Mbr faced frisk search, yelling, swearing and name calling by staff. the unit CO recommended a release even after receiving the mbr’s representation based on the balance of probabilities and the file was referred to DMCA. The mbr filed a harassment complaint, PRB grievance(procedural unfairness) and unit synopsis grievance(bias). At this very moment, he’s excepting the disclosure package from DMCA. What should he except to receive in the package and how fair is DMCA? Keeping in mind that DMCA does not have the harassment complaint nor the grievances. What are the chances of a retention with remedial measures.

 

[brihard]

The sexual misconduct and its impact on the member’s future CAF employment is a standalone issue. If there was subsequent and separate harassment, that’s a distinct issue that the member may be entitled to some recourse on, but it would not invalidate a DMCA administrative decision to release the member if sexual misconduct is established on a balance of probabilities.

Member probably wants and needs to consult a lawyer. Staring down the wrong end of an admin review for sexual misconduct that had the potential to go criminal is likely to be a career ender.