Edmonton police officer fired for sexually assaulting colleague during off-duty trip
An Edmonton Police Service constable with more than seven years of service has been fired after a disciplinary hearing found him to have sexually assaulted an officer during an off-duty ski trip.
In a recently released decision, presiding officer Fred Kamis, retired RCMP chief superintendent, ordered the immediate termination of Const. Stephen Fossen for groping a fellow officer during a trip to Canmore in January 2019.
During that trip, the documents say a group of officers had rented a condo and brought along a "booze bag" and blood alcohol screening device.
After a night of drinking and playing card games, the documents state that Fossen attempted to sleep, but his roommate snored loudly. He went to sleep on a chair when the victim offered to share her bed with him.
A publication ban covers the victim's identity.
“No invitation to engage in sexual activity was made by the victim,” Kamins wrote. “She was in her sleeping attire and under the covers. Const. Fossen was dressed in sweatpants and a hoodie and carried his own pillow and blanket and lay down on top of the bed covers next to the victim."
"The victim awoke to find Const. Fossen's arm over top of her and his hand touching her genitals," Kamis added.
Fossen later sent a text message to the female officer apologizing for the assault, blaming the incident on "drunk Fozzie."
In 2019, Fossen was charged with sexual assault in connection to the incident following an investigation by the Alberta Serious Incident Response Team. The criminal charges were withdrawn at the victim's request.
Since then, Fossen had been suspended without pay. Kamins said that Fossen had "an excellent reputation" among the service with no prior discipline issues.
"By all accounts, Const. Fossen was an excellent police officer," Kamins noted. "He was a mentor to many and, to my mind, the embodiment of an informal leader."
Despite that, Kamis said Fossen was in a position of trust, which he violated.
"(The victim) was unconcerned with sharing the bed under the circumstances because it was a trusted colleague," the disciplinary hearing's presiding officer wrote. "Unfortunately, that trust was misplaced, and the sexual assault took place."
Teresa Magee, the presenting officer representing EPS Chief Dale McFee, said Fossen should be removed from the service since there would be "community outrage" if he were to continue working.
Defence lawyer Bob Hladun argued that dismissal was "ridiculous" as a sanction and that Fossen had been punished for three years while being suspended without pay.
Hladun added that "public confidence" would not be "so easily shattered," rather, community members would be worried that after EPS invested time and resources into training Fossen, his firing would "be of concern" after "one spur of the moment, drunken act."
Kamis said it was an "egregious" breach of trust since police officers need to be able to trust each other completely in any situation, meaning dismissal was "within the realm" of appropriate sanctions.
Fossen also had "consistently denied" the allegation of misconduct, tried to hide it when questioned by his supervisor, and did not demonstrate remorse, Kamis added.
"His actions in taking advantage of a junior female officer and the situation call into question whether he could ever be placed into a policing position without constant monitoring due to his lack of integrity," Kamis said.
"A clear and strong message needs to be sent now, more than ever, that this misconduct will result in serious sanction."
With files from CTV News Edmonton's Karyn Mulcahy
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