Fair Judgment?

Posted on 30 Mar 2020 @ 10:28pm by Commodore Harvey Geisler & Lieutenant Commander Camila Di Pasquale & Lieutenant Commander Tivan & Lieutenant JG Shay Mitchell

3,603 words; about a 18 minute read

Mission: Sentience
Location: Security Complex
Timeline: MD 2 || 1000 hours

Harvey tapped his combadge as soon as he left Commander Di Pasquale's office. "Geisler to Ensign Mitchell. Meet me in Interview Room One in the Security Complex."

"On my way," Shay said just before securing her terminal and rising to her feet to begin the short walk to Interview Room One. The young woman had a feeling she knew what this impromptu meeting with the ship's Commanding Officer was about, but would know for sure in just a matter of moments as she approached the door. She took only a moment to straighten her uniform, then walked through the door. "You wished to see me, Captain?"

Harvey gestured for her to have a seat at the table. He had arrived in the room a moment or two before but had yet to sit. "I understand you've had a busy morning."

The young woman took a seat st the table and looked curiously at the man sitting across from her. "No busier than usual, Sir," she countered.

The Captain sat down at the table at the edge adjacent to the Ensign. If he'd sat across from her, it would have seemed like she was the one being interrogated. "Tell me about the arrest you made this morning."

"Commander Di Pasquale called me into her office to file an official report against Commander Tivan. As the complainant, she was unable to do it herself, so that's where I came in. I followed standard protocol, filled out all necessary reports, and went to the counselor's office to arrest her. I was polite and even went so far as to press the chime to alert her of my presence. When Commander Tivan answered the door, she dismissed me without even asking why I was I there. All she told me was that I was welcome to leave a personal message with the computer and flag it for counseling," Shay began. This was exactly why she figured the Captain was calling her in. They'd only interacted a few times before, and that was more of a chance thing. "Given that it was an official Security matter, I used my Security override and made my way into the office where I informed her why I was there, along with the reason. Would you like me to continue?"

Harvey still held the report he'd obtained from Commander Di Pasquale, but the actual details of the arrest weren't there. So far, everything seemed to line up with what he'd heard previously. "Did Commander Tivan give a reason for the dismissal?"

"She stated she was with a patient," Shay replied. "A young woman, Cadet Senior Class, if I recall correctly. I was working on my official report, which would have made it to your desk, when you called me in. Everything that happened is in it. I left out no details."

The Captain fought the urge to sigh, and did so successfully. "Normally, I'm perfectly content to wait for official reports, but I happened to stumble into this situation. I'm sure you're aware I perform a daily inspection of the ship, and when I went to visit the Counselor, I'd learned she'd been arrested. Now, in the interest of fairness, I have to also disclose that I've already spoken to both Commanders Tivan and Di Pasquale, both in that order."

Shay nodded. He was the Captain of the Black Hawk and had the final say in most matters that took place. "So, you've spoken to Commander Tivan? Did she disclose to you that she referred to me as a puppet on more than one occasion after she was arrested? Given her new position on this ship, I'm sure she knows every single person who had one of those bastard Dolmoqour in their heads. Do you have any idea what hearing something like that from a person who is supposed to be on the ship to help others does to someone? Especially, someonel who was a puppet?" The young woman asked, studying the man. "No, I don't think you do."

Round two went to the sigh. Accompanying the sigh were closed eyes and a brief downward nod of the head. He was starting to debate which was more demoralizing to the crew, keeping them on the sidelines for more than six months or the Dolmoqour crisis itself. Harvey collected himself, opened his eyes and looked back upward. He knew all of his crew well, especially those that were in the zone.

And especially those who he nearly had to bulldoze with a runabout. "We did not discuss the particulars of the arrest, no. But I would remind you first, and foremost, that you are an officer. As the officer in charge of this incident, you would be wise to keep your personal feelings at the door and we can deal with that when this particular charge has concluded."

For a moment, Shay forgot her place. "Forgive me, Captain. It wasn't me intention to forget my place as an officer. I assure you it won't happen again," she said. After all, she represented Starfleet, and as such, it meant being a robot... being a puppet. "What exactly do you need from me, Sir?"

"Prior to me informing you I've already spoken with both parties, you were recounting for me the details of the arrest," Harvey stated. "You collected Commander Tivan from her office. Then what?"

"I escorted Commander Tivan, without restraints, though I did produce them at one point, to the brig," Shay answered. "From there, I alerted Commander Di Pasquale the arrest was made, and went back to begin compiling my report so you would be made aware of the situation. But, since we're here, you already know. I'll still follow protocol and file the official report. The only thing that still remains before the case can be closed officially, is an outcome, which falls in your hands. Intentional destruction of personal property is not a major offense, but it is an offense nonetheless."

"That it is," Harvey confirmed. He appreciated the ensign for not going into detail on what had been destroyed. "Protocol should certainly be observed here, despite the disruptions. I will require Commander Tivan to make recompense for what was destroyed, and require her to conduct counseling sessions in her office for the next week rather than make house calls. That should at least minimize the risk of further damage, though I think the situation will resolve itself shortly regardless."

"I think your judgement is fair, Captain," the young woman said with a nod of her head. "As soon as everything has been put into writing, so to speak, and all parties have agreed to the terms, I will release Commander Tivan from the brig." Protocol and all. "As for the situation resolving itself, I certainly hope so. I don't wish to arrest anyone else."

"How long will that take to prepare?" the Captain asked. "I do wish to be present when Tivan is officially released."

"It shouldn't take long at all," Shay told him. "I'd say twenty minutes at most, and as long as Commanders Tivan and di Pasquale agree, Commander Tivan can be released then."

"How do you handle the agreements?" Harvey asked Shay. It'd been a while since he had to handle a case like this and was a bit hazy on dealing with this part.

"Have all parties present at one time, then once Commanders Tivan and Di Pasquale have agreed, they will sign off on it. Once they have, you will, then so will I. It seems to be the easiest way. Once everyone has signed off, I will release Commander Tivan from the brig, and she will be free to go about her business," the young Ensign explained. "I will be able to add the conclusion of all of this into my final report, as well."

"Then let's have you do as much paperwork as you can, and we'll meet everyone in the brig and finish this." Harvey slid his copy of the report across the table to the Ensign.

She accepted his copy of the report and nodded his head. "I'll let you know once I get the paperwork side of things completed, Captain," Shay said as she rose to her feet to make her way back to her console. That went a bit better than she expected it to, and now she only hoped the end of all of this was near.

The paperwork side of things took just a bit longer than she expected it to, but when she was finally done, she rose to her feet and tapped her combadge. "Mitchell to Geisler. I've completed the necessary paperwork and plan to make my way to the brig now."

Harvey, having utilized an open console in security for the time being to evaluate the ship's systems, tapped his badge. "Acknowledged. Meet me outside the brig. We'll all enter together."

"On my way, Captain," the young woman said. She gathered up everything that would be needed, then made her way toward the brig to wait just outside of it.

Harvey tapped his badge twice. Once to close the current channel, and again to open a new channel. "Geisler to Di Pasquale. Meet me outside the brig."

"On my way," Camila responded and left her office, locked it and headed towards the brig where the Captain was.

The Captain joined the two women outside the brig, just far enough away from the opening mechanism's sensors. "Ensign Mitchell has completed her paperwork, and we're ready to proceed. Everyone ready?"

Shay nodded her head. "Ready, Captain."

Camila thought it was a redundant question as she was present and she gave a nod, her face a mask of calm professionalism. Inwardly, she hoped Tivan did something stupid so she could keep her in the brig longer.

Harvey gave a single nod to both women before striving forward to the brig's entrance. It yielded to him automatically, revealing the two occupants of the room, the warden and the confined. "Commander Tivan?" Harvey announced as he entered the room.

"Yes, Captain?" The Vulcan sat with her hands folded in her lap as if watching a sunset on holiday.

Harvey gestured to his left. "I have with me Lieutenant Commander Di Pasquale and Ensign Mitchell. If you're ready, we can bring this to a conclusion so we can all get back on with our duties."

"I have been unoccupied all this time," Tivan said with her empty hands upraised in a shrug. "Much to the chagrin of my patient..." Her eyes darted to both Camila and Shay before returning to Harvey. She favored him with a wry smile. "You have come to a decision, I take it."

"More than one, in fact," Harvey stated. "We'll have to begin first with the present situation. As all parties are aware, charges have been filed regarding destruction of property. As you've expressed a willingness to replace what was lost, I shall require you to do so before the day is out."

"But of course." Tivan quirked an eyebrow. "If that was all that was required, perhaps the commander could have contacted me for a resolution, perhaps by first telling me just what precisely was in the bottle so it could actually be replaced, before resorting to..." As she spoke with a tone that was moderately condescending as one might expect from a saccharine schoolteacher, her eyes swept over the brig with a disappointed gaze. "This." Cocking her head to one side, Tivan dismissed the unpleasantness and resumed her standard winsome disposition. "What were your other decisions, Captain?"

"In regards to this matter," Harvey continued, eyeing the Counselor very carefully. "For the next seven days, counseling sessions and appointments will need to be conducted within counseling offices, unless cleared by me. Just to make sure there are no further incidents."

Tivan nodded her assent. "House calls will be unlikely to occur ever again without dire need."

Harvey turned to his Chief of Security. Since she was the one who had filed the charge, he wanted to see how she felt about the decisions that he had made regarding this matter.

"Before anything else, I want to clarify one very important thing that the Commander has both failed to take into consideration is that the bottle, regardless of what it contained, was not hers to take, destroy or anything else," Camila said. "The second thing," she said as she finally looked at the Vulcan. "Is that lying to a commanding officer is a crime in and of itself. With that being said, Captain, I feel that a Captain's Mast is in order once you review the footage from my quarters."

Harvey blinked. He wasn't necessarily surprised by the Commander's comments, but he didn't appreciate the implication of either of them. Whether Commander Tivan intentionally or unintentionally destroyed property that wasn't hers didn't seem to matter now. What mattered was that charges had been filed and that this situation now had to be dealt with, and Camila's comments seemed to be an indication that she did not consider Harvey's actions to meet her previous desire that his judgment be fair. As it was often said, the punishment had to fit the crime. As the crime came down to a singular bottle, Harvey, as the presiding authority, felt that this was more than fair. And to suggest a Captain's Mast where he had to completely shut multiple departments and dig deep into a matter based upon one complaint alone?

Tivan furrowed her brow in confusion, then gave Harvey a solemn look. "Captain, I am willing to compensate for the loss of property that I negligently damaged, but if there is a video recording of our exchange, it will reveal that Commander Di Pasquale claimed at that time how she had confiscated the bottle from a crewman as evidence. That she now filed a charge of destruction of her personal property means that her perception is compromised, whether at that time or at present." She then turned to Camila as if facing a crazy person. "Everything will be just fine, Camila," she said in a gentle tone. "Nobody is going to deprive you of life or property."

Shay remained quiet up until that point, and it didn't much bother her that she was surrounded by superior officers. She shook her head and laughed, looking between both Commanders. "We're here to put this behind us," she said, gripping the PADD in her hands so tight her knuckles paled. The young woman no longer cared what happened to her beyond this. "You're both Starfleet officers, so why not act like it. Commander Di Pasquale, you get what was destroyed replaced. Commander Tivan, you'll get to go free and be your condescending self that I will gladly refuse to work with any farther beyond this point."

"Never use my given name again," Camila told the Vulcan bitch. "And if you're going to react this way while guilty, then I refuse to take counseling with you. Doctor Stuart is adequate. You? You're not professional enough to address an officer of equal rank by that rank."

"Excuse the both of you, but we have an egregious discrepancy in protocol here," Tivan said. "To say nothing of conflicting details. Was the bottle yours as you claimed today or was it someone else's as you claimed a month ago? The captain will appreciate the ramifications even if his so-called Security officers will not." She leveled Harvey with a stare that was sure to remind him of her previous threat.

"Actually, I lied to you because it was none of your fucking business," Camila said. "Just as you sitting here violating patient confidentiality. Then again, you aren't really a counselor, are you? I looked into your background. You're just a researcher posing as a counselor, aren't you? You don't give a shit about this crew. You're just here to further your career."

"It is unfortunate that you are prone to deception, then." Tivan pursed her lips at the accusation. "You may rest assured, though, that I am fully credentialed, such being the requirement for research with Starfleet Medical on Earth. Unfortunately I'm afraid you do not have clearance for me to discuss my assignment here." She glanced at Harvey again. "Does she, Captain?"

Harvey sighed, and immediately regretted it. All eyes were now on him, and he couldn't afford to hesitate further lest this situation continue to spin more out of control. His need to speak resulted in a candid confession, "Both of you--all of you--stop. We are Starfleet Officers, and three of us Senior. I expect this sort of behavior from only two people on this ship, and neither are old enough to talk."

To Camila, he stated, "Commander Di Pasquale, the charge was destruction of property, a single bottle. You asked for a fair judgment, and I believe I have delivered that, recompense for what was lost, as well as a safeguard to prevent further destruction. If you want me to consider a Captain's Mast, then prepare first-hand evidence for an appropriate grievance and file your complaint properly."

To Tivan, Harvey stated, "I know what you're after, Commander. You asked me a month ago for leeway, and I granted it. This is where it has gotten us. I urge you to reconsider your methods, because, so help me, if I have to deal with one more situation like this, I will turn this ship around and throw it all at the mercy of Gamma Command. None of us will like what that results in. Have I made myself clear?"

"That's fair Captain," Camila said, but wondered why she would have to prepared evidence and file a report when Tivan had lied to him.

Ultimately, in Tivan's mind, she did not answer to the captain, but the current situation was at an impasse. "Gamma Command would likely be very interested in what has transpired here today," she said, "but let it not be said I stopped cooperating now. If you can assure the well-being of my patients and my personal safety against a vendetta that appears to be metastasizing across the Security Department, then I will defer to your judgment, Captain."

Shay resisted the urge to roll her eyes. For her to have a vendetta against the Vulcan woman, she'd have to care, and the young woman definitely didn't want to put that much effort into the counselor. She held the PADD out to Harvey. "All that's left is for you and Commanders Di Padquale and Tivan to sign off on that, then we can put this matter behind us," she said. "As for the well-being of our new counselor and her patients, there is no cause for concern there."

The Captain accepted and glanced down at the padd, making sure he was going to be putting his authorization in the correct place. As soon as his thumbprint was affixed, he held it out to the Chief of Security.

Camial accepted the PADD and glanced at it to make sure everything was in place, then placed her thumbprint on it and handed it back to the Captain. After she did that, she moved to the Brig control console and deactivated the force field. "Commander," she indicated Tivan.

The tension of the moment was too delicious at first for Tivan to make a move. At this moment all three individuals stared at her, waiting to see what she would do. Their individual fears and stressors were laid bare before her. Such fascinating psychological processes bubbling just below their facades. Who would ever want such a moment to end? Tivan could stand there all day and just drink in the wrestling of their ids and superegos until one or the other finally broke through their conscious expression. Time was not her friend today.

"Yes?" Tivan asked at length. Maybe a little procrastination wouldn't hurt.

"Your thumbprint," Harvey calmly said to the Counselor. "So we can conclude these events and return to our duties."

"Very well," Tivan said with authoritative airs. She stepped out of the brig and pressed her thumb against the proffered PADD. "If that concludes matters, Captain, I have a session to finish."

"That is up to the investigating officer." Harvey turned to face Ensign Mitchell. "I believe aside from some final paperwork, we are indeed done here, yes?"

That was all the permission Tivan needed. She gave a warm but terse smile. "Paperwork can be completed remotely, in which case I will take my leave. Should the ensign have any further concerns..." Tivan broadened her smile directly at Shay. "... I believe I've already directed her where to send them." With that, Tivan sauntered toward the exit.

"I believe the Captain was speaking to Ensign Mitchell and did not give you permission leave, Lieutenant Commander," Camila said, unable to believe the gall of the Vulcan woman.

Tivan held up her hand in the Vulcan salute without turning around or stopping.

Shay looked to the retreating form of the Vulcan woman, then between Harvey and Camila. "It seems we're done here, Sir. I'll have the finalized report ready for you first thing tomorrow morning."

Harvey glanced at the Vulcan as she departed, then looked back to the security women remaining with him. "There's your first infraction for the file. Keep collecting for when we need it." With that, Harvey headed for the exit.

"Yes, Sir," Camila said before giving a nod and looked at Shay. "Get that done and then resume your normal activities," she said.

"I'm on it, Chief," Shay said, taking her leave.

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