A Guelph Police Service officer will continue fighting to keep his job following the outcome of a penalty hearing. Corey McArthur’s future with the police service has been in question for almost 10 years after he elbowed a 17-year-old boy who was handcuffed to a hospital bed in September 2016. The strike was caught on camera and McArthur eventually pleaded guilty to discreditable conduct. The police service was told they could dismiss the officer at the end of his first penalty hearing, but that decision was overturned on appeal. At a second penalty hearing, McArthur’s lawyers argued he was suffering from undiagnosed and untreated post-traumatic stress disorder. The hearing officer, Morris Elbers, sided with the Guelph Police Service and, on July 17, said McArthur could either resign within the next seven days or the police service could dismiss him. Notice of Appeal McArthur filed a notice of appeal immediately following the ruling. “The disposition of dismissal was unreasonable, harsh, excessive and disproportionate, falling outside the range of reasonable dispositions available on the evidentiary record and under the governing legal principles,” the document stated. McArthur’s appeal claimed Elbers made unreasonable findings that were not supported by evidence and failed to explain how he reached his conclusion. The document said the hearing officer “…found that the appellant ‘falsely advised hospital staff that the injuries to [the teenager] were self-inflicted’ and ‘intentionally lied to hospital staff about his actions’ notwithstanding the Agreed Statement of Facts expressly left unresolved whether the elbow strike caused the facial injury or aggravated a pre-existing injury caused by [the teenager’s] self-harming conduct.” The appeal also accused Elbers of using non-disciplinary employment records, “uncharged and unproven allegations” and supervisory coaching comments as proof of prior misconduct and aggressive behaviour. It also said he “…failed to consider the continuum of positive entries and supervisory coaching comments in the appellant’s employment records.” Psychiatrist evidence McArthur’s appeal questioned why the opinions of forensic psychiatrist Dr. Peter Collins were accepted or preferred over forensic psychiatrist Dr. Jonathan Rootenberg. Collins was not allowed to speak with McArthur and could only review documentation related to the case. Rootenberg, by comparison, had assessed McArthur over the years and testified that he believed McArthur could continue to carry out his policing duties without compromising other officers or the public. Collins had told the court he believed McArthur had “a short fuse” and had displayed inappropriate, aggressive, angry and assaultive behaviour in the past. “The Hearing Officer erred in law and in principle by subjecting the competing expert evidence to uneven scrutiny, holding Dr. Jonathan Rootenberg’s evidence to a materially more exacting standard than Dr. Peter Collins’ evidence,” the notice of hearing said. “Honesty, credibility and psychiatric self-reporting” Elbers was also accused of making unreasonable findings about McArthur’s “honesty, credibility and psychiatric self-reporting.” The document claimed the hearing officer relied on evidence regarding alleged steroid use and made or adopted findings of deceit or dishonesty. “[Elbers] failed to appropriately consider the mitigating effect of the appellant’s guilty pleas, acknowledgement that the force used was excessive, and evidence of remorse, insight and recognition of the seriousness of the misconduct,” it stated. McArthur’s legal team also felt the hearing officer failed to explain why a demotion paired with treatment, monitoring, retraining, supervision and a phased return-to-work could not adequately protect the public, other officers and the integrity of the police service. McArthur has asked that the most recent decision be revoked or, alternatively, the penalty changed from dismissal to demotion “with the appellant’s return to work made subject to the monitoring and support conditions recommended by Dr. Jonathan Rootenberg.” With reporting from Krista Simpson and Jennifer Baker
