The appellant police officer appealed a penalty of dismissal imposed after he pleaded guilty to discreditable conduct for assaulting a youth in a hospital.
The appellant argued the Hearing Officer erred in reopening the hearing to admit prior judicial commentary about his conduct, misapplied those findings as aggravating factors, and failed to properly consider his diagnosis of and rehabilitation from post-traumatic stress disorder.
The Ontario Civilian Police Commission allowed the appeal, finding the Hearing Officer erred in his use of the prior judicial commentary as substantive evidence of misconduct and failed to adequately analyze the extensive medical evidence regarding the appellant's PTSD and rehabilitative potential.
A new penalty hearing before a different Hearing Officer was ordered.
