Defendant’s lawyer cites unfairness
On the job affair costs superior 10 days pay but subordinate could lose job
“When it is the boss pursuing the subordinate, you have a problem.” — Lawyer Larry Mcgonigal
The lawyer for a female Mountie facing dismissal for sexual misconduct with her boss, told RCMP adjudicators Wednesday that Canadians would be disturbed if he got a “$4,000 fine” but she faces loss of job damages of about “$4 million.”
In a code of conduct hearing, Const. Susan Gastaldo and StaffSgt. Travis Pearson were found guilty of having sex in a police car in the spring of 2009, while Gastaldo worked for Pearson in the “Special O” surveillance unit in the Lower Mainland.
RCMP adjudicators rejected Gastaldo’s claims that she had been raped once and was coerced into an ongoing affair with Pearson.
They judged the affair consensual, and said Gastaldo could be fired for falsely accusing Pearson in testimony.
On Wednesday, Gastaldo’s lawyer, Larry Mcgonigal, said “the Canadian public would find it disconcerting” that she could receive far greater punishment than Pearson, while she was the one “returning from medical leave and still suffering effects, and was subjected to an abuse of authority, from her commanding officer.”
Earlier in February, adjudicators said Pearson abused his authority by taking advantage of “meaningful” meetings, to bring Gastaldo back onto the unit from sick leave. But B.C.’S commanding officer had elected not to pursue abuse of authority charges, as well as other serious allegations against Pearson, the board said.
Thus, adjudicators said they were bound to only reprimand and dock Pearson 10 days pay, which will cost him about $3,900. Mcgonigal said Gastaldo refused Pearson’s advances at least three times. But after allegedly being forced into sex, she submitted to an affair because she did not believe her complaints would be taken seriously.
“When it is the boss pursuing the subordinate, you have a problem,” Mcgonigal said.
“We are talking a $4,000 fine for Pearson, the superior, and maybe upwards of $4 million for Const. Gastaldo, for the exact same behaviour?”
Mcgonigal calculated his figure from loss of future wages, pension benefits and potential promotions.
Mcgonigal questioned how the board could sanction Gastaldo for a charge not issued by the B.C. RCMP’S commanding officer, who was “well aware” of her rape allegations in 2009, but chose not to charge her for slandering Pearson.
“If you were to impose a greater sanction [now], you would be usurping her right to have a fair hearing,” Mcgonigal told adjudicators.
Also, he pointed to the RCMP’S current problem with sexualharassment complaints.
“You need to consider the chilling effect of telling Const. Gastaldo: ‘For your part in this act . . . you could lose your job, if you come forward with a complaint.’”
The hearing is expected to rule on Gastaldo’s fate this afternoon.