The Solicitors Disciplinary Tribunal has dismissed allegations against a solicitor over a drunken kiss at a work social event, finding the behaviour to be inappropriate but consensual. A newly published written judgment states hat the amount of alcohol consumed at the event ‘reflected a workplace culture that lacked appropriate safeguards and encouraged excessive drinking’ which was ‘unwise and inappropriate in a professional setting’.
Darren Larence Roiser, admitted in April 2005, was alleged to have grabbed a paralegal, referred to in the judgment as Person A, by the arms, pushed her against the wall, and kissed her on the mouth and commented on her appearance after a 2020 team dinner. He denied all the allegations against him.
The tribunal found the allegations of grabbing, pushing and commenting on Person A not proved. It found that there was a kiss which was sexually motived but the kiss was consensual and his conduct did not amount to a breach of principles or the SRA Code of Conduct 2019.
Roiser ‘accepted criticism for his role in organising and facilitating [the] evening in question, particularly in light of the consequences for Person A, whose level of intoxication was significant’, the judgment said.
‘The amount of alcohol procured by the respondent and consumed by members of [the team] over the course of several hours during the team event…reflected a workplace culture that lacked appropriate safeguards and encouraged excessive drinking. The tribunal considered this to be unwise and inappropriate in a professional setting. The absence of appropriate oversight and boundaries at such events is a matter of concern and fell short of the standards expected in a professional environment.’
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Considering the kiss, which was not in dispute, the SDT found Roiser ‘ought to have exercised better judgment and greater control’ as though he did not instigate the kiss, his ‘participation in the kiss was inappropriate in context, taking into account his seniority in relation to Person A, his role in organising what was a work-related social event, and the fact that he procured an excessive quantity of alcohol for the evening’.
All allegations against Roiser were dismissed by the tribunal. The SDT did not make a costs order.
