����AV

The sensitive nature of the sexual harassment allegations and the fact that the victim may be easily identified by the factual circumstances surrounding the case constitute exceptional circumstances that warrant granting anonymity.

The Complainant’s account of facts in relation to the relevant incidents is credible and reliable. The Applicant failed to adduce any evidence that could have undermined the credibility of the Complainant’s evidence. There is no evidence of ulterior motives on the part of the Complainant.

The Administration succeeded in discharging its burden of proof to show that...

The Tribunal found that the Administration discharged the burden of establishing that misconduct had occurred with regard to most of the allegations and that the established facts legally amounted to misconduct under the regulations and rules. There were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant.

The Tribunal found that because separation was not the sanction imposed on the Applicant, the applicable standard of proof was one on a preponderance of evidence. This standard was lower than clear and convincing evidence which the Respondent had to prove to show that the Applicant committed misconduct as alleged. It was evident from the facts that the Applicant and at least one other person led a group to the Complainant’s house. The Applicant played an active role in the alleged harassment. This fact was proved to the requisite standard. The Tribunal found that a group of at least five local...