The appellant, a police constable, appealed the penalty of demotion to the salary level of a Probationary Constable after being found guilty of discreditable conduct for touching a female officer's breast while off duty and intoxicated.
The appellant argued the penalty was too severe given his positive performance appraisals and the circumstances.
The Ontario Civilian Police Commission dismissed the appeal, finding that the off-duty status and intoxication were not mitigating factors, and that the penalty imposed was the least acceptable penalty for the conduct.