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The ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT¡¯s decision to dismiss the former staff member¡¯s request for anonymity, as he had ignored the deadline set by the ±¬ÁÏÍøDT in an Order.

The ±¬ÁÏÍøAT found that the former staff member committed sexual exploitation by engaging in a romantic and sexual relationship with a vulnerable refugee, who put herself in danger in engaging in a premarital relationship with him. He abused his position of trust by promising to marry her to persuade her to have sexual relations with him. When she pushed him about his promises, he threatened her with an investigation that could result in the...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding that ST/SGB/2003/13 imposes a requirement of ¡°undue advantage¡± for sexual exploitation to occur. The ±¬ÁÏÍøAT further found that the former staff member abused the position of vulnerability of V01 for sexual purposes (i.e., engaging in at least four acts of sexual intercourse), which constitutes sexual exploitation and abuse. The ±¬ÁÏÍøAT emphasized that the ±¬ÁÏÍøDT itself acknowledged that V01, allegedly a minor, was vulnerable and less powerful than the former staff member, and that his actions had a sexual connotation. Therefore, the ±¬ÁÏÍøAT held that the...

On whether the facts were established by clear and convincing evidence, the Tribunal held that, based on the credible testimony and the other evidence in the record, the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed. The Tribunal found the testimony of the victim to be credible and established that the Applicant had indeed sexually harassed the victim. Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment and which did constitute serious misconduct...

Under ¡°Preliminary Issues¡±, the Tribunal decided to strike from the record the Applicant¡¯s motion for anonymity and to exceptionally accept the Applicant¡¯s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the ±¬ÁÏÍøAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The ±¬ÁÏÍøAT first concluded that the ±¬ÁÏÍøDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence. Second, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability. The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred when it made this finding without any independent or medical evidence, and that the ±¬ÁÏÍøDT had relied on its own Internet research regarding various...

The ±¬ÁÏÍøAT first dismissed Mr. Okwakol¡¯s appeal of the ±¬ÁÏÍøDT Order, finding that Mr. Okwakol¡¯s complaints about what the ±¬ÁÏÍøDT decided it would admit into evidence and what submissions it would consider in deciding his substantive case, were remediable as part of his appeal on the merits if they were wrongly decided.

The ±¬ÁÏÍøAT agreed that the ±¬ÁÏÍøDT was correct to admit the audio-recording made by the SEA victim because this evidentiary material was relied upon by the Administration in taking the decision to impose the disciplinary measure of separation from service. The audio-recording needed to...

The Applicant was sanctioned for engaging in two types of misconduct: (i) sexually exploiting V01, and (ii) engaging in a misrepresentation to the Organization and a misappropriation of assets from the Organization regarding Family Emergency Leave from 22 until 27 July 2019. On whether the facts were established by clear and convincing evidence; regarding the first sanction of sexually exploiting V01, the Tribunal concluded that based on the finding that the Applicant was aware of V01¡¯s vulnerability, the evidence that he continued to have sexual intercourse with her even at times when she had...

On the due process prong, the Tribunal concluded that the Applicant¡¯s procedural fairness rights were respected throughout the investigation and the disciplinary process. The Applicant was interviewed by the Office of Internal Oversight Services and was provided with an audio-recording of the interview. He was provided all supporting documentation, was informed of the allegations against him, his right to seek the assistance of counsel and he was provided the opportunity to comment on the allegations; and his comments were duly considered. Accordingly, the Tribunal held that the Applicant¡¯s...

On the due process prong, the Tribunal concluded that the Respondent had demonstrated that the investigation and the disciplinary process leading up to the disciplinary sanction were conducted in accordance with the applicable legal framework and investigation guidelines. The Applicant was interviewed and was provided with an audio-recording of the interview, and all supporting documentation. He was informed of the allegations against him and afforded his right to seek the assistance of counsel. He was provided the opportunity to comment on the allegations, and his comments were duly...