Terry P. Waltenbury

The appellant, a police officer, appealed his convictions on three counts of discreditable conduct under the Code of Conduct.

The allegations involved off-duty conduct of a sexual nature, including inappropriate comments, unwanted physical contact, and a historical sexual assault prior to his employment as a police officer.

The appellant argued that the Hearing Officer erred in assessing credibility, rejecting his evidence, and applying the standard of clear and convincing evidence.

The Ontario Civilian Commission on Police Services dismissed the appeal, finding that the Hearing Officer's conclusions were supported by an evidentiary foundation and were reasonable in light of the evidence as a whole.

The penalty of dismissal was upheld.

The appellant appealed his sentence, arguing the trial judge erred in rejecting what was characterized as a joint submission.

The Court of Appeal found there was no joint submission and that the trial judge had ample basis to reject the Crown's submission to protect the community.

The sentence was not unfit, and the appeal was dismissed.