A Halifax police officer and a Digby man charged after a street fight last June that led to allegations of racism will avoid criminal convictions.

The case of Const. Adam Whynott and William Drummond was referred to the adult diversion program on Thursday.

Under the terms of the program, both men have to accept responsibility for their actions. They face counselling instead of jail terms or fines. They won't have a criminal record.

Whynott, 27, and Drummond, 20, were charged with causing a disturbance by fighting following the late-night brawl outside a Digby bar. Drummond was also charged with resisting arrest.

Drummond and another young black man claim the June 22 scuffle with a group of off-duty police officers broke out after someone yelled a racist taunt. Drummond was the only one arrested by local RCMP.

In late August, RCMP announced the charges against both men, but also said investigators couldn't find any evidence the fight was sparked by a racial slur.

Whynott is returning to active duty with the Halifax Regional Police. However, he's still subject to an internal police review.