A Nova Scotia RCMP officer who violated the force’s code of conduct after fondling co-workers will keep his job, even though the province’s top Mountie at the time wanted him fired for sexual assault.
The case pits the local division’s wishes against commissioner Brenda Lucki, who, while publicly vowing 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, NS, culminating a day of tactical training. The gathering was organized by the force as a team work opportunity.
According to an RCMP conduct board decision and a report from the province’s police watchdog, an intoxicated Pulsifer put his hands under another RCMP officer’s shirt and grabbed her breasts in full view of other members of the RCMP.
Another member pulled him away, but moments later, Pulsifer moved over to a second officer and put a hand up his shirt, both the conduct board decision and the report said.
The second officer struck Pulsifer, but he tried again, both reports said, adding that the second officer turned and punched Pulsifer in the face.
Both women, whose names are protected by a publication ban, said they had not spoken to Pulsifer before the incident and never consented to his actions.
Pulsifer, who was posted to the Liverpool, NS detachment at the time, does not deny the allegations and said he was drunk at the time.
The incident was investigated by Nova Scotia’s Serious Incident Response Team, a civilian agency that investigates allegations against police officers. He concluded that a sexual assault charge could be filed against Pulsifer. But because both women had indicated in writing that they did not want the case to “proceed to the stage of criminal charges”, the SIRT did not initiate criminal proceedings.
The RCMP has been accused for years of imposing inadequate penalties on Mounties in sexual harassment and assault cases. The federal government has paid millions to compensate 2,304 women who suffered sexual harassment and discrimination based on gender or sexual orientation while working for the Mountain. (Maria Jose Burgos/CBC)
The case came before the RCMP conduct board in 2019. These conduct hearings occur in the most serious cases, those where dismissal is on the table. These are formal, court-like processes, and adjudicators have the legal authority to order disciplinary action, such as loss of pay or dismissal.
The board found that “on a balance of probabilities”, the allegations made by both women were established.
Evidence before the board
As part of the process, the board reviewed Pulsifer’s positive performance evaluations and letters of support. His colleagues, identified only by his initials in the conduct board decision, described him as a leader and a brave 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. His report said “his grandmother was in the hospital with a fall” at the time and “he had missed a call from a social worker regarding an adoption he and his wife were pursuing.” Pulsifer had also recently learned 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.
“I was deeply hurt by some who I thought were true friends and all they seemed to care about was how this incident made the troop look,” he wrote.
“In my view, it is completely unacceptable to allow this person to continue to be a police officer. I pray that the RCMP will not let me, and so many other women on the force, who have been victims at the hands of others members”.
She wrote that she is disappointed in herself for not pursuing criminal charges, but said dealing with the investigative team “was a horrible experience.” The woman said she was so stressed by these events that she lost sleep, and once even fell asleep at the wheel.
“It would have been nice to get an apology from him, if he truly regretted his actions,” she wrote.
Pulsifer told the board he was remorseful, noted it was his first offense and said he was willing to receive any necessary treatment.
Ultimately, the conduct board docked Pulsifer 35 days’ pay, declared him ineligible for promotion for two years and ordered him to alcohol abuse counseling.
Nova Scotia RCMP Commander Lee Bergerman felt the board “intentionally misclassified” Pulsifer’s actions to justify lesser conduct measures. (Tim Krochak/The Canadian Press)
“Although it involved two victims, who were sexually touched in quick succession, the subject member’s misconduct was clearly an isolated incident and out of character,” the board concluded.
“He has performed his policing duties at an above average level and has consistently demonstrated an impressive work ethic and commitment to additional duties with the ceremonial troop and tactical team. His personal bravery in the performance of his functions has been formally praised”.
NS Mountie accuses board of mitigating its actions
But the head of the RCMP in Nova Scotia at the time appealed, arguing that Pulsifer’s actions met the definition of sexual assault and that he should resign or be fired.
In comments released on the conduct board’s final decision, Lee Bergerman, the former deputy commissioner of Nova Scotia, now retired, argued that the board “intentionally misclassified [Pulsifer’s] actions as “unwanted sexual touches”. He said the board described him as an “intoxicated pub patron” with the intention of imposing lesser penalties.
Bergerman said he felt the board put too much emphasis on Pulsifer’s character references and “trivialized” how his actions affected victims.
The case bounced around the RCMP’s internal processes for years before landing on Commissioner Brenda Lucki’s desk in Ottawa.
It concluded that the allegation against Pulsifer was originally characterized as “discreditable conduct,” not sexual assault, upheld the board’s original assessment and dismissed Bergerman’s appeal.
“In my view, the board did not err in failing to specifically describe respondent’s conduct as sexual harassment,” he wrote in his decision earlier this year. A copy of the decision was made public last week.
“The board was in the best position to determine the weight of the evidence and I see no justification to intervene.”
RCMP Commissioner Brenda Lucki said she saw no justification to intervene and dismissed the appeal. (Adrian Wyld/The Canadian Press)
Lucki wrote that “Pulsifer’s peers spoke highly of him, his performance evaluations were positive, and most importantly, he showed integrity in the way he conducted himself after the incident, a quality for the which had previously been venerated.”
In his ruling, Lucki also ordered Pulsifer to undergo sensitivity training and told him to apologize to both women in writing.
Pulsifer did not respond to CBC’s attempts to reach him.
Lucki has vowed to end sexual assault
The RCMP has been accused for years of imposing inadequate penalties on Mounties in sexual harassment and assault cases.
In his scathing 2020 report into the RCMP’s internal culture, former Supreme Court Justice Michel Bastarache said he heard alleged victims of sexual misconduct accuse the RCMP of letting perpetrators slide with little “consequences” .
After the release of that report, Lucki vowed to end sexual assault, harassment and discrimination in the RCMP.
“This behavior continues to occur. It needs to stop and will not be tolerated. There is absolutely no place for sexual assault, harassment, discrimination, harassment, sexism, racism, homophobia or transphobia to the RCMP,” he said in November. .
“It’s important for people to know that it will not be tolerated.”
In a statement sent to CBC News, an RCMP spokesperson said all conduct issues are dealt with in a “manner that is fair, consistent and proportionate.”
“To be clear, the member’s behavior was not tolerated. He received the penalty of salary forfeiture, a serious disciplinary measure appropriate to this individual case. These are case-by-case assessments,” said spokesman Robin Percival
Public Safety Minister Marco Mendicino’s mandate letter tasks him with launching “an external review of the RCMP’s sanctions and disciplinary regime to determine the adequacy of existing sanctions and whether they are being applied appropriate and consistent manner”. (Patrick Doyle/The Canadian Press)
“Any form of sexual misconduct, harassment and violence is unacceptable and will not be tolerated at the RCMP. We continue to encourage anyone who feels they have been the victim of inappropriate behavior to report it.”
The federal government has pledged to review how the RCMP disciplines its members.
Public Safety Minister Marco Mendicino’s post-election mandate letter tasked him with launching “an external review of the RCMP’s sanctions and disciplinary regime to determine the adequacy of existing sanctions and whether they are being applied appropriate and consistent manner”.