DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Donald Rouiller (“Rouiller”) against the United States Capitol Police (“USCP”). Rouiller seeks review of the Hearing Officer’s November 9, 2015 Order, which found in favor of the USCP. The Hearing Officer granted the USCP’s motion to dismiss in part for claims that were not timely or that were not exhausted. Further, the Hearing Officer granted the USCP’s motion for summary judgment on all remaining claims.
Because this matter is before us on a decision dismissing claims for being untimely and granting summary judgment on the remaining claims, we review the Hearing Officer’s decision “de nova,” viewing the facts in the light most favorable to Rouiller and giving him the benefit of all reasonable inferences that can be made from these facts. Anderson v. Liberty Lobby. Inc., 4 77 U.S. 242,249 (1986); Reeves v. Sanderson Plumbing Prod., 530 U.S. 133, 150-51 (2000).
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s decision on all claims.
I. Background
Relationship with Female Subordinate
The Hearing Officer found that the undisputed facts show that Rouiller began working for the USCP in April 1993 as an officer. Rouiller is a white male and over the age of 40. In 2013, Rouiller was one of five Deputy Chiefs at the USCP. Assistant Chief of Police Daniel Malloy (“AC Malloy”) and Chief of Police Kim Dine (“Chief Dine”) were his direct line supervisors. 1 Also, Rouiller was the USCP’s lead negotiator on collective bargaining agreement (“CBA”) issues.
In 2013, there was a female officer who worked for the Uniformed Services Bureau (“USB”). She was married to a male USCP officer, who was also assigned to the USB. The female officer is over the age of 40.
