What is the appropriate standard of proof for an employer to prove an allegation of sexual assault?

The grievor submits that the appropriate standard of proof is that set out in Gale v. Treasury Board (2001 PSSRB 85). The employer should be required to demonstrate by clear, convincing and cogent evidence that each of the allegations has occurred. The reason why this standard should be applied is that the allegations are serious. The grievor’s reputation is at stake in all of them. In the case of allegation #4 (the ratted-out statement incident), the employer contends that within the prison context, the allegation is very serious. With the employer taking this position, it is appropriate that the employer be held to the more demanding standard. In the case of allegation #5 (the MacLean allegation), the allegation is one that gives rise to possible criminal sanctions and for that reason is very serious indeed.