A Vernon police officer has been ordered to resign after an RCMP Conduct Board found he had forcibly kissed a colleague at a staff Christmas party in 2023.
Const. Shaun Miranda, an officer since 2017, heard the decision in a Vernon hotel conference room Friday, Aug. 22, the fifth day of the conduct hearing, which resembled a court proceeding though it was an internal RCMP process.
The Conduct Board was tasked with determining the legitimacy of a single allegation of sexual misconduct against Miranda. The board ultimately found that the allegation was established, and Friday's hearing was largely to hear closing submissions from counsel for the Conduct Board and Miranda's lawyer, and to determine whether Miranda would be allowed to remain on the force.
The kiss took place at an unofficial staff party Nov. 24, 2023, when Miranda made an advance on a coworker 鈥� whose identity is covered by a publication ban 鈥� at a residential bathroom. The board heard the kiss was forcible, the victim was intoxicated and Miranda had been supplying her with drinks throughout the night.
"On behalf of the conduct authority, I take the position that the fundamental relationship has been severed between Const. Miranda and the RCMP," counsel for the Conduct Board said early in the hearing Friday. "Const. Miranda's retention in the RCMP would undoubtedly erode public trust in the organization."
The Conduct Board's lawyer argued Miranda's dismissal was the presumptive outcome under the RCMP Code of Conduct given the misconduct that had been accepted, adding there were no significant mitigating factors that justified straying from that outcome.
The lawyer also argued that Miranda had lied under oath about the misconduct during the proceedings.
"Implicit in your rejection of Const. Miranda's evidence is that he was not credible on key aspects of his evidence," he said. "He denied the truth, and appears to lack meaningful insight into his wrongdoing."
Counsel for the Conduct Board asserted that the coworker was vulnerable due to her intoxication, and because she was a very new employee having worked only one shift before the Christmas party.
"I submit that Const. Miranda's conduct was predatory, unbecoming of a police officer and, frankly, disgusting," the lawyer said. "It inspires no confidence in him remaining in a position of power and being entrusted to serve the public and those who are among its most vulnerable."
It was noted in the hearing that Miranda frequently made sexualized jokes to colleagues, including one joke about "road head," which the Conduct Board lawyer said created a "toxic workplace culture."
The lawyer said the victim felt uncomfortable to be at work "in a job that she otherwise loved and aspired to," and added Miranda's apology on a previous day of the hearing "rings hollow, and showcases a real lack of insight into the gravity of his wrongdoing."
Miranda's lawyer argued that a dismissal would be a disproportionate punishment and instead called for a combination of other measures to be taken, including a suspension, transfer and ineligibility for promotion.
"There has to be a more delicate and nuanced approach to the evidence in this case to determine what is a fit and proportionate outcome," she said, adding the board should proceed "with a scalpel and not a sledgehammer."
She argued Miranda's remorse is genuine and the personal impact he's felt as a result of the conduct hearing is such that he is not a risk to re-offend at any point. She added if he were kept on the force, he could prove to be a role model for other members while still also serving as a cautionary tale.
If he were to remain on the force, it would show other members that the RCMP is swift to look into infractions but is also a "fair and balanced employer" that can acknowledge that "to err is human," his lawyer said.
While no criminal charges have been laid, Miranda's lawyer called these proceedings a "de facto criminal case," complete with media scrutiny that has caused Miranda much distress.
"Ultimately this contravention is out of character for him," the lawyer said.
The presiding Conduct Board member ultimately found more aggravating than mitigating factors in Miranda's case.
The board member pointed out that in recent years the RCMP has been beleaguered by reports of sexual misconduct, saying these actions must be purged from its ranks.
He disagreed with Miranda's counsel that the offence was out of character, as during the hearing he "repeatedly heard of his inappropriateness," and sexualized jokes and comments he had made over 100 times. He said he had no confidence that this behaviour would not reoccur.
As a mitigating factor, the board member noted Miranda was a capable officer with no performance issues, had taken on a supervisor role, and was commended for saving a life when he administered Naloxone during an overdose in 2021.
Miranda was ordered to resign from the force. He has 14 days to do so, after which he would be dismissed.
Miranda was denied a chance to take the stand on Friday to expound on his side of the matter. The presiding member of the board said this would be improper as he had already taken the stand the day previous.
