Top N.S. Mountie wanted an officer dismissed for sexual misconduct — but Commissioner Lucki disagreed

A Nova Scotia RCMP constable who violated the power’s code of conduct after fondling co-workers will hold his job — though the high Mountie within the province on the time needed him dismissed for sexual assault.

The case pits the desires of the native division in opposition to Commissioner Brenda Lucki, who — whereas promising publicly that sexual assault wouldn’t be tolerated beneath her watch — agreed to let the member hold his job.

In 2018, Const. Devin Pulsifer joined different Mounties for an evening out at a neighborhood pub in Port Williams, N.S., capping off a day of tactical coaching. The social gathering was organized by the power as a team-building alternative.

In keeping with each an RCMP conduct board determination and a report by the province’s police oversight physique, an intoxicated Pulsifer positioned his fingers beneath one other RCMP officer’s shirt and grabbed her breasts in full view of different RCMP members.

One other member pulled him away however, moments later, Pulsifer moved on to a second constable and positioned a hand beneath her shirt, stated each the conduct board determination and the report.

The second constable swatted Pulsifer away however he tried once more, stated each experiences, including that the second constable then rotated and punched Pulsifer within the face.

Each girls, whose names are protected by a publication ban, stated they hadn’t spoken to Pulsifer earlier than the incident and by no means consented to his actions.

Pulsifer, who was posted to the detachment in Liverpool, N.S., on the time, would not deny the allegations and stated he was blackout drunk on the time.

The incident was investigated by Nova Scotia’s Critical Incident Response Staff, a civilian company which probes allegations in opposition to law enforcement officials. It concluded that a cost of sexual assault may very well be introduced in opposition to Pulsifer. However since each girls had indicated in writing that they didn’t want to have the case “delivered to the stage of legal prices,” SIRT did not launch a legal case.

The case was introduced earlier than the RCMP’s conduct board in 2019. Such conduct hearings occur in probably the most severe circumstances — ones the place dismissal is on the desk. They’re formal, court-like processes and the adjudicators have the authorized authority to order disciplinary measures, reminiscent of lack of pay or dismissal.

The board discovered that “on a stability of chances,” the allegations made by each girls had been established.

Proof earlier than the board

As a part of the method, the board reviewed Pulsifer’s optimistic efficiency evaluations and letters of help. Fellow officers, recognized solely by their initials within the conduct board determination, described him as a pacesetter and a brave officer who had put his life on the road.

The board additionally seemed into what was happening in Pulsifer’s life when the assaults came about. Its report stated that “his grandmother was within the hospital from a fall” on the time and “he had missed a name from a social employee referring to an adoption he and his spouse had been pursuing.” Pulsifer additionally had realized just lately {that a} former member of his tactical troop had dedicated suicide. 

The board reviewed a sufferer affect assertion from the primary lady he touched who stated she felt deserted by the power.

“I used to be very damage by some who I believed had been true mates and all they appeared to care about was how this incident made the troop look,” she wrote.

“In my view, it’s fully unacceptable to permit this individual to proceed to be a police officer. I am praying the RCMP is not going to disappoint me, and so many different girls within the power, who’ve been a sufferer by the hands of different members.”

She wrote that she is upset in herself for not pushing for legal prices however stated that coping with the investigative crew “was a horrible expertise.” The girl stated she was so confused by these occasions that she misplaced sleep, and even as soon as fell asleep on the wheel.

“It will have been good to get an apology from him, if he was the truth is sorry for his actions,” she wrote.

Pulsifer advised the board he was remorseful, identified it was his first infraction and stated he was keen to get any therapy crucial. 

Finally, the conduct board docked Pulsifer for 35 days’ pay, declared him ineligible for promotion for 2 years and ordered him into alcohol abuse counselling.

“Whereas involving two victims, who had been sexually touched in fast succession, the topic member’s misconduct was clearly an remoted incident, and out of character,” the board concluded.

“He has carried out his policing duties at an above-average degree, and has constantly demonstrated a powerful work ethic and dedication to further roles with the ceremonial troop and tactical crew. His private bravery within the efficiency of his duties has been formally counseled.”

N.S. Mountie accuses board of mitigating his actions

However the head of the RCMP in Nova Scotia on the time appealed, arguing Pulsifer’s actions met the definition of sexual assault and that he ought to resign or be dismissed.

In feedback printed within the conduct board’s closing determination, Lee Bergerman, the now-retired former assistant commissioner for Nova Scotia, argued that the board “deliberately misclassified [Pulsifer’s] actions as ‘undesirable sexual touching.'” She stated the board described him as an “intoxicated pub patron” with the intent of imposing lesser penalties.

Bergerman stated she felt the board was placing an excessive amount of emphasis on Pulsifer’s character references and “trivialized” how his actions affected the victims.

The case bounced across the RCMP’s inner processes for years earlier than touchdown on the desk of Commissioner Brenda Lucki in Ottawa.

She concluded that the allegation in opposition to Pulsifer was characterised initially as “discreditable conduct” — not sexual assault — upheld the board’s unique evaluation and dismissed Bergerman’s enchantment. 

“In my opinion, the board made no error by not particularly describing the respondent’s conduct as sexual harassment,” she wrote in her determination earlier this yr. A duplicate of the choice was made public final week.

“The board was in the perfect place to find out the burden of the proof and I see no justification to intervene.”

Lucki wrote that Pulsifer’s “friends spoke extremely of him, his efficiency evaluations had been optimistic, and most significantly he displayed integrity within the method by which he performed himself after the incident came about, a high quality he had beforehand been revered for.”

In her ruling, Lucki additionally ordered Pulsifer into sensitivity coaching and advised him to apologize to the 2 girls in writing.

Pulsifer didn’t reply to CBC’s makes an attempt to contact him.

Lucki has promised to stamp out sexual assault

The RCMP has been accused for years of imposing insufficient sanctions on Mounties in circumstances of harassment and sexual assault.

In his scathing 2020 report on the RCMP’s inner tradition, former Supreme Courtroom justice Michel Bastarache stated he heard alleged victims of sexual misconduct accuse the RCMP of letting perpetrators slide with subsequent to no “penalties.”

After that report was launched, Lucki promised to stamp out sexual assault, harassment and discrimination within the RCMP.

“This behaviour continues to floor. It have to be stopped and it’ll not be tolerated. There may be completely no room for sexual assault, harassment, discrimination, bullying, sexism, racism, homophobia, or transphobia within the RCMP,” she stated in November.

“It is necessary that folks know that it’s going to not be tolerated.”

In an announcement despatched to CBC Information, a spokesperson for the RCMP stated all conduct points are dealt with in a “method that’s truthful, constant and proportionate in nature.”

“To be clear, the member’s behaviour was not condoned. He obtained the sanction of a forfeiture of pay, a severe disciplinary measure acceptable to this particular person case. These are case-by-case assessments,” stated spokesperson Robin Percival.

“Any type of sexual misconduct, harassment and violence is unacceptable and isn’t tolerated within the RCMP. We proceed to encourage anybody who feels they’re the sufferer of inappropriate behaviour to report it.”

The federal authorities has promised to evaluation how the RCMP disciplines its members.

Public Security Minister Marco Mendicino’s post-election mandate letter tasked him with launching “an exterior evaluation of the RCMP’s sanctions and disciplinary regime to find out the adequacy of current sanctions and whether or not they’re utilized correctly and constantly.”