Officers found not guilty of sexual assault to face charges at police tribunal

Three Toronto police officers found not guilty of sexual assault last year are set to face charges in front of a police tribunal next week.

Leslie Nyznik, Joshua Cabero and Sameer Kara were charged with sexually assaulting a female parking enforcement officer after a night of partying in 2015.

They were found not guilty in August 2017.

Next Thursday, they will appear before a Toronto police tribunal to face discreditable conduct charges under the Police Services Act. 

CBC News has learned the charges include allegations of public drunkenness, sex with a subordinate, and accepting a drink without paying.

The officers' lawyers did not respond for a request for comment on Monday.

Police face 'rigid' code of conduct

Nyznik, Cabero and Kara are currently suspended with pay.

Depending on the decisions made in each of their cases, they could be put back to work, lose their jobs, or face a range of other penalties.

It's not unusual for police officers who face criminal charges to face separate charges stemming from a violation of the police code of conduct.

Shelley Carroll, a city councillor and former member of the Toronto Police Services Board, told CBC Toronto that these charges come regardless of the outcome of a court case. 

"Police officers are up against a really rigid code of conduct," said Carroll.

Though the officers were found not guilty, she went on, "some of the things leading up to an incident may still be a breach to the code of conduct."

Long delays are typical

The long delay between the court's verdict and the police tribunal is also not unusual, said Alok Mukherjee, former chair of the Toronto Police Services Board.

"Unlike discipline of misconduct in other workplaces there are so many legalities involved here," he told CBC Toronto. "It's very elaborate… almost like a court trial."

Still, Mukherjee is concerned by the amount of resources used in the long lead-up, describing it as an "inefficient" process.

Charges stem from night of partying

Nyznik, Kara and Cabero, all officers at 51 Division, were accused of having non-consensual sex with a female parking enforcement officer at a downtown hotel after a night out. 

The complainant, whose identity is protected by a publication ban, testified her memory was spotty and that she was unable to move or talk as she was allegedly assaulted at a downtown hotel.

In her 2017 decision, Ontario Superior Court Justice Anne Molloy said that the Crown had failed to prove beyond a reasonable doubt that the complainant did not consent or was incapable of consenting.