B.C. Mountie fired over inappropriate sexual conduct loses appeal | iNFOnews | Thompson-Okanagan's News Source

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B.C. Mountie fired over inappropriate sexual conduct loses appeal

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A disgraced B.C. Mountie who was forced to resign six years ago after he had sex with a woman a few days after he took her to hospital following a suicide attempt, has lost an appeal to get his job back.

According to a recently published June 26, RCMP Conduct Board decision Const. Daniel Marshall was forced to resign in March 2016 after the Board found he'd breached the RCMP Code of Conduct on six occasions.

The Board found that while working in Chilliwack in 2014 Const. Marshall failed to properly investigate a complaint from a woman who said she'd been sexually assaulted.

Although Const. Marshall's superior told him that a follow-up was required, the officer failed to do anything.

The day after the woman reported the sexual assault, Const. Marshall was called to a separate incident where a woman was having a mental health crisis.

The officer found the woman passed out from alcohol and medication and took her to hospital.

From there, while off duty, he went to see her several times and engaged in a consensual sexual relationship.

Marshall was also found to have broken four other acts of professional misconduct.

In one incident in October 2014 the officer attended someone's home after they reported a stolen bicycle.

Later that day, while off duty, he returned to the home uninvited and had sex with the woman.

READ MORE: Drunk B.C. RCMP officer who passed out in drive-thru keeps job

The other infractions involved less serious misconduct whereby he used police database systems in an unauthorized way.

On one other occasion, he'd told a 16-year-old girl, who had the cognitive mind of a child, that she could only ride in the back of the police car if she was naked.

Const. Marshall had been facing nine allegations, but the witness in one case died and he was ultimately ordered to resign based on six contraventions of the RCMP code of conduct.

One woman Marshall was found to have had sex with alleges the RCMP officer sexually assaulted her and she is suing him in B.C. Supreme Court.

It's unclear when Const. Marshall launched the appeal to get his job back or why it took so long for the RCMP Conduct Board to rule on the appeal.

"I sincerely apologize to the parties for any delays attributable to the RCMP in advancing the adjudication of this appeal," the decision reads.

In his appeal Const. Marshall argued the RCMP decision to fire him was "clearly unreasonable, based on an error of law" and "reached in a manner that contravened the principles of procedural fairness."

However, the RCMP Conduct Board disagreed and dismissed his appeal.

READ MORE: B.C. Mountie fired for showing sexually explicit photos of himself to victim wins appeal

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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