An RCMP constable in Nova Scotia who breached the force’s code of conduct after fondling colleagues 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 Luckey, who — despite publicly vowing that sexual assault would not be tolerated under her watch — agreed to let the member keep his job.
In 2018, Ust. Devin Pulsifer joined other Mounties for an evening at a local pub in Port Williams, NS, ending a day of tactical training. The social gathering was organized by the force as a team building opportunity.
According to both an RCMP conduct board decision and a report by the province’s police watchdog, an intoxicated Pulsifer put his hands under another RCMP officer’s shirt and grabbed her breasts in front of all RCMP members.
Another member pulled him aside, but moments later, Pulsipher approached the second officer and put his hand under her shirt, both the conduct board decision and the report said.
The second officer pushed Pulsipher away, but he tried again, both reports said, adding that the second officer then turned and punched Pulsipher 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 condoned his actions.
Pulsipher, who was posted to the detachment in Liverpool, North Carolina at the time, did not deny the allegations and said he was passed out drunk at the time.
The incident is being investigated by the Nova Scotia Major Incident Response Team, a civilian agency that investigates allegations against police officers. He concluded that Pulsifer could be charged with sexual assault. But because both women indicated in writing that they did not wish the case to be “progressed to the stage of criminal charges”, SIRT did not initiate criminal proceedings.
The RCMP has been accused for years of imposing inadequate sanctions on Mounties in harassment and sexual assault cases. The federal government has paid millions to compensate 2,304 women who experienced sexual harassment and discrimination based on gender or sexual orientation while working for the Mounties. (Maria Jose Burgos/CBC)
The case was referred to the RCMP conduct board in 2019. Such conduct hearings happen in the most serious cases — ones where dismissal is on the table. They are formal, similar to court trials, and judges have the legal power to order disciplinary measures, such as loss of pay or dismissal.
The board found that “on the balance of probabilities” the allegations made by the two women were proven.
Evidence before the court
As part of the process, the board reviewed Pulsifer’s positive evaluations and letters of support. Fellow officers, identified only by their initials in the conduct board decision, described him as a leader and brave officer who put his life on the line.
The board also looked at what was going on in Pulsifer’s life when the assaults took place. The report said “his grandmother was in the hospital from a fall” at the time and “he missed a call from a social worker regarding an adoption he and his wife were pursuing.” Pulsipher had also recently learned that a former member of his tactical squad had killed himself.
The board reviewed a victim impact statement from the first woman he touched, who said she felt abandoned by the force.
“I was very hurt by some who I believed were true friends and all they seemed to care about was how this incident made the group look,” she wrote.
“In my view, it is completely unacceptable to allow this man to continue to be a police officer.” I pray that the RCMP will not let me down like so many other police women who have been victimized at the hands of other members.”
She wrote that she was disappointed with herself for not pushing for criminal charges, but said working with the investigative team “was a terrible experience.” The woman said she was so stressed by these events that she lost sleep and even once fell asleep behind the wheel.
“It would be nice to get an apology from him if he was actually sorry for his actions,” she wrote.
Pulsifer told the board he was remorseful, pointed out it was his first offense and said he was willing to get any necessary treatment.
Ultimately, the conduct board fined Pulsifer 35 days’ pay, declared him ineligible for promotion for two years and ordered him to undergo alcohol abuse counseling.
Nova Scotia RCMP Commanding Officer Lee Bergerman believes the board “deliberately misclassified” Pulsifer’s actions to justify lighter conduct measures. (Tim Kroczak/The Canadian Press)
“Although it involved two victims who were sexually touched in quick succession, the subject’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 roles within the Ceremonial Squad and Tactical Team. His personal gallantry in the discharge of his duties was officially commended.’
NS Mountie accuses board of softening his actions
But the head of the Nova Scotia RCMP 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 published in the board’s final decision on conduct, Lee Bergerman, a now-retired former assistant commissioner for Nova Scotia, argued that the board “deliberately misclassified [Pulsifer’s] actions such as “unwanted sexual touching”. She said the board described him as a “drunk pub patron” with the intention of imposing lighter sentences.
Bergerman said he thought the board put too much emphasis on references to Pulsifer’s character and “trivialized” how his actions affected victims.
The case languished in the RCMP’s internal processes for years before reaching Commissioner Brenda Luckey’s desk in Ottawa.
She concluded that the allegation against Pulsifer was initially characterized as “discreditable conduct” — not sexual assault — upheld the board’s initial assessment and dismissed Bergerman’s appeal.
“In my view, the board did not err in failing to specifically describe the defendant’s conduct as sexual harassment,” she wrote in her ruling earlier this year. A copy of the decision was published last week.
“The board was in the best position to determine the weight of the evidence, and I see no justification for interfering.”
RCMP Commissioner Brenda Luckey said she saw no reason to intervene and dismissed the complaint. (Adrian Wilde/The Canadian Press)
Luckey wrote that “Pulsifer’s colleagues have spoken highly of him, his performance evaluations have been positive, and most importantly, he has shown integrity in the way he has conducted himself since the incident, a quality he was previously known for respected”.
In his ruling, Lucky also ordered Pulsifer to begin sensitivity training and told him to apologize in writing to the two women.
Pulsifer did not respond to CBC’s attempts to contact him.
Lucky promised to eliminate sexual violence
The RCMP has been accused for years of imposing inadequate sanctions on Mounties in harassment and sexual assault cases.
In his scathing 2020 report into the RCMP’s internal culture, former Supreme Court Justice Michelle Bastarash said he heard alleged victims of sexual misconduct accuse the RCMP of letting perpetrators slide with little “repercussion.”
After the release of that report, Luckey pledged to eliminate sexual abuse, harassment and discrimination in the RCMP.
“This behavior continues to occur. It must be stopped and will not be tolerated. There is absolutely no place for sexual assault, harassment, discrimination, harassment, sexism, racism, homophobia or transphobia in the RCMP,” she said in November.
“It’s important that people know that this will not be tolerated.
In a statement sent to CBC News, an RCMP spokesperson said all behavioral issues are dealt with in a “manner that is fair, consistent and proportionate in nature.”
“To be clear, the member’s behavior was not justified. He received a sanction of forfeiture of salary, a serious disciplinary measure appropriate to this individual case. These are case-by-case assessments,” spokesman Robin Percival said.
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 correctly and consistently.” (Patrick Doyle/The Canadian Press)
“Any form of sexual misconduct, harassment and violence is unacceptable and will not be tolerated in the RCMP. We continue to encourage anyone who believes they have been the victim of inappropriate behavior to report it.”
The federal government has promised 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 correctly and consistently.”
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