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The facts at issue and their legal characterization (physical assault) were established. However, the Tribunal found that the sanction imposed was disproportionate, considering that the mitigating circumstances applicable, notably the Applicant’s mental health condition at the time of the incident giving rise to the disciplinary measure and alleged provocation before it, were not fully and properly considered. It was noted that the investigation failed to gather sufficient evidence on these aspects, which where thus not properly put before the decision-maker. Unlawfulness of a “forfeit...