The Appellant, a Staff Sergeant, appealed a conviction for discreditable conduct and the resulting penalty of a three-month gradation in rank.
The charges arose from a conversation with a subordinate officer who had previously filed a human rights complaint against him.
The Commission dismissed the Appellant's arguments regarding a reasonable apprehension of bias and upheld the conviction, finding ample evidence that the Appellant's conduct constituted a reprisal.
However, the Commission allowed the appeal on penalty, finding that the Hearing Officer erred in considering expunged informal discipline records, and reduced the penalty to a loss of 48 hours' time.
