The appellant police officer appealed a penalty of demotion imposed after he pleaded guilty to discreditable conduct, insubordination, and unlawful use of force against an Indigenous civilian.
The appellant argued the Hearing Officer erred by failing to give appropriate weight to medical evidence of his PTSD and rehabilitation, failing to consider the civilian's lack of complaint, and failing to apply the principle of progressive discipline.
The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer reasonably weighed the dispositional factors, including the seriousness of the misconduct and the damage to the reputation of the police service, in determining that demotion was the appropriate penalty.