Sergeant docked 39 hours’ pay for harassment

Hearing continues into police response to sexual harassment, discrimination complaints

A few months after Waterloo Regional Police Const. Angie Rivers filed a formal complaint of sexual harassment against Sgt. Nathan Cardoza, he was given an award for teamwork by the police chief, an arbitration hearing was told Thursday.

“That felt like a slap in the face to me,” said Rivers in her last day of testimony at an arbitration hearing into the police force’s response to her complaints of sexual harassment and discrimination.

Chief Bryan Larkin gave Cardoza the award in the fall of 2015 in front of the Police Services Board.

After nearly nine years on the Waterloo police force, Rivers went on sick leave after meeting with Staff. Sgt. Paul Lobsinger, and two other detectives on her squad — Todd Popplewell and Steve Wasson on July 25, 2015.

Sgt. Ben Handfield, who oversaw the Waterloo Crime Management Team — a detective squad focused on street-level drugs and crime — also attended.

Lobsinger told Rivers she was being transferred back to patrol duty in Cambridge. He gave her two written reprimands. One was for failing to find two sawed-off shotguns during a search of a drug dealer’s house. The second was for a scratch on her undercover vehicle. Lobsinger also delivered a verbal reprimand for not taking proper notes during a briefing by a superior officer.

Lobsinger disciplined and demoted Rivers in front of two other detective constables on her squad. Lobsinger praised Popplewell and Wasson for promotions to detective units at headquarters.

One was going to the drug unit, the other to forensics. Lobsinger told Rivers the demotion back to Cambridge patrol would take effect Jan. 1, 2016, which meant she had to work in the Waterloo CMT until then.

“I knew at that point I knew I could not come back to work there the next day,” said Rivers. “I decided to leave for my own safety. I have not been back to work since.”

Rivers had been transferred to the Waterloo CMT at the beginning of July 2015. Prior to that, she had worked with the Cambridge CMT led by Sgt. Cardoza.

She testified earlier how Cardoza regularly sent her sexually charged messages and pictures, inviting her out to party. Rivers said he was always polite, but never accepted an invitation out.

Cardoza was also the supervising officer during the search that missed two sawed-off shotguns. Rivers was ordered to do the search and take notes on all items seized — roles normally done by two different officers. It was another example of retaliation for refusing Cardoza’s sexual advances, said Rivers.

In 2013, Cardoza sent Rivers a series of sexually-charged messages. She took screen shots, which were entered as evidence at the arbitration hearing. At the time, she never filed a complaint because she saw what happened when she called out two officers not doing their share of a grim task — the search for the remains of sex trade worker in the regional dump.

One of the officers involved, Neal Marcynuk, referred to Rivers as a “bitch” who deserved “to get her ass kicked” and that he would not back her up.

Rivers said she felt isolated, unsafe, shunned and was the subject of sexualized rumours. An investigation resulted in a verbal reprimand and a transfer to another patrol zone for Marcynuk.

A female detective who supported Rivers in her complaint against Marcynuk was chastised in writing for violating the chain of command.

Rivers said she learned her lesson well — complaining about another officer comes back to haunt the complainant.

But the demotion back to Cambridge patrol was the tipping point for Rivers. On Aug. 26, 2015, she went to headquarters and filed a formal complaint of sexual harassment against Cardoza.

“I thought if I made a formal complaint, there would be an investigation,” said Rivers.

“I thought I would be redeemed, validated, and I thought I would be back by Christmas.”

She was called to headquarters to meet Patricia Rivett, director of human resources, on Sept. 21, 2015.

“She told me there would be an investigation, and asked me how I would like to see it resolved,” said Rivers. “She told me not to get my hopes up because he would not be fired. I said Cardoza should not be a sergeant, and he should not be supervising any women.”

After meeting with Rivett, Rivers was sent to see John Goodman in professional standards, who gave her a notice of discipline for discreditable conduct.

The police called in an Oakville law firm to do a workplace investigation. Lauren Bernardi, the investigating lawyer, interviewed Rivers three times at Bernardi’s office in Oakville because Rivers did not feel comfortable at police headquarters.

In April 2016, Rivett called Rivers and told her the Bernardi investigation was done, but the results would not be released. Instead, the professional standards bureau would conduct a Police Services Act investigation of Cardoza.

In June 2016, Rivers filed a complaint with the Human Rights Tribunal of Ontario. She received a copy of Bernardi’s report while pursuing her human rights case. That report was entered as evidence at the arbitration hearing.

“She concluded that Nathan Cardoza in fact sexually harassed me,” said Rivers.

But Bernardi’s report concluded that Cardoza’s later actions were not reprisals for Rivers’ refusing his sexual advances.

In July 2016, nearly a year after she filed her sexual harassment complaint against Cardoza, the professional standards department wanted to interview Rivers.

“I didn’t know why it was necessary, I had done three interviews with Lauren Bernardi, three times over many hours,” said Rivers.

Insp. Shirley Hilton, now a deputy chief who has announced her retirement, interviewed Rivers along with detective Greg Bliss.

Rivers said she told them everything she knew about Cardoza — the sexually charged messages, the pictures, the constant invitations to go out drinking, the rushed and sloppy search that missed two sawed-off shotguns, and how Cardoza entered a suspect’s apartment to search it with no warrant and no permission from the suspect.

“I remember feeling like I wasn’t believed,” said Rivers.

She felt like she was being watched, and consultants hired by the police badgered her with phone calls about returning to work.

Rivers joined a class-action lawsuit that included several female officers from the Waterloo Regional Police.

The courts did not certify it as a class-action suit, and instructed Rivers to use the grievance process. So, she filed a grievance in 2020, just before the COVID-19 pandemic was declared.

She subsequently learned Cardoza was found guilty of discreditable conduct as a result of the Police Service Act investigation, and he was docked 39 hours’ pay.

Rivers has given seven days of testimony since the hearing began in February.

She will face two days of cross examination Tuesday and Wednesday by Don Jarvis, the lead lawyer for the police services board.

‘‘ I thought if I made a formal complaint, there would be an investigation. I thought I would be redeemed, validated, and I thought I would be back by Christmas.

ANGIE RIVERS FORMER WATERLOO REGIONAL POLICE CONSTABLE