Top N.S. Mountie wanted an officer dismissed for sexual misconduct — but Commissioner Lucki disagreed
CBC
A Nova Scotia RCMP constable who violated the force's code of conduct after fondling co-workers will keep his job — even though the top Mountie in the province at the time wanted him dismissed for sexual assault.
The case pits the wishes of the local division against Commissioner Brenda Lucki, who — while promising publicly that sexual assault would not be tolerated under her watch — agreed to let the member keep his job.
In 2018, Const. Devin Pulsifer joined other Mounties for a night out at a local pub in Port Williams, N.S., capping off a day of tactical training. The social gathering was organized by the force as a team-building opportunity.
According to both an RCMP conduct board decision and a report by the province's police oversight body, an intoxicated Pulsifer placed his hands under another RCMP officer's shirt and grabbed her breasts in full view of other RCMP members.
Another member pulled him away but, moments later, Pulsifer moved on to a second constable and placed a hand under her shirt, said both the conduct board decision and the report.
The second constable swatted Pulsifer away but he tried again, said both reports, adding that the second constable then turned around and punched Pulsifer in the face.
Both women, whose names are protected by a publication ban, said they hadn't spoken to Pulsifer before the incident and never consented to his actions.
Pulsifer, who was posted to the detachment in Liverpool, N.S., at the time, doesn't deny the allegations and said he was blackout drunk at the time.
The incident was investigated by Nova Scotia's Serious Incident Response Team, a civilian agency which probes allegations against police officers. It concluded that a charge of sexual assault could be brought against Pulsifer. But since both women had indicated in writing that they did not wish to have the case "brought to the stage of criminal charges," SIRT didn't launch a criminal case.
The case was brought before the RCMP's conduct board in 2019. Such conduct hearings happen in the most serious cases — ones where dismissal is on the table. They are formal, court-like processes and the adjudicators have the legal authority to order disciplinary measures, such as loss of pay or dismissal.
The board found that "on a balance of probabilities," the allegations made by both women were established.
As part of the process, the board reviewed Pulsifer's positive performance evaluations and letters of support. Fellow officers, identified only by their initials in the conduct board decision, described him as a leader and a courageous officer who had put his life on the line.
The board also looked into what was going on in Pulsifer's life when the assaults took place. Its report said that "his grandmother was in the hospital from a fall" at the time and "he had missed a call from a social worker relating to an adoption he and his wife were pursuing." Pulsifer also had learned recently that a former member of his tactical troop had committed suicide.
The board reviewed a victim impact statement from the first woman he touched who said she felt abandoned by the force.
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