What is Sexual Misconduct?

Remember “Phil the Perv,” the creepy guy at work who leered at coworkers, looked down women’s blouses, told off-color jokes, and had an overall BAD reputation?  Or you could be thinking of a particular teacher you had at school.  We all know the type.  That person has committed “sexual misconduct,” an umbrella term often used in schools, workplaces, and legal contexts, and is not always well understood.

Sexual harassment and sexual assault are related terms and are considered sexual misconduct.  The terminology can be very confusing and depend on the context; in other words, did the inappropriate behavior of a sexual nature occur in a workplace or a school and consist of verbal or non-verbal action, or was force used in the sexual misconduct constituting penetration or rape?  The latter would be considered sexual assault and a violent type of sexual misconduct.  Those sexual activities (while having their own definition terms) are misconduct of a sexual nature, i.e., sexual misconduct.

What is Sexual Misconduct?

Confused?  You’re not alone.  You may be asking:  “What is sexual misconduct?”  A sexual misconduct definition is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation.  It’s unwelcome and non-consensual.  Behaviors range from sexual harassment at work to sexual assault in the backseat of a car.  It’s BAD behavior and misconduct.

Common Behaviors Considered Sexual Misconduct

If something happens to you that “doesn’t feel right,” that would be classified as sexual misconduct.  Some examples that are types of sexual misconduct include:

As you can see, sexual misconduct can be verbal, non-verbal, or physical.

Sexual Misconduct vs. Sexual Harassment

         You’re just trying to do your job as best you can.  You are on time every day and are thankful for your job.  Your boss saunters by and rests his hand on your shoulder.  He leans down and whispers a comment about your private body parts.  At the same time, he leans in too close for comfort.  This type of sexual harassment fits under the umbrella of misconduct and is ILLEGAL.

In a work environment, per the U.S. Equal Opportunity Commission, “It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”  Title IX prohibits sex-based discrimination in education programs and activities that receive federal financial assistance.  Examples of the types of discrimination that are covered under Title IX include but are not limited to: sex-based harassment; sexual violence; pregnancy discrimination; the failure to provide equal athletic opportunity; sex-based discrimination in a school’s science, technology, engineering, and math (STEM) courses and programs; discriminatory application of dress code policies and/or enforcement; and retaliation.

Sexual Misconduct vs. Sexual Assault

         Assault is generally considered a criminal act involving unwanted physical contact or engaging in sexual activity without the explicit, voluntary agreement of all parties involved. Criminal cases aim to punish the offender and protect society.  The statistics are alarming as, according to RAINN.org, every 68 seconds, an American is sexually assaulted. Civil cases focus on seeking justice for survivors and compensating them for their pain and suffering.  Usually the survivor will bring a civil action against the corporation or institution responsible for the harm experienced by the survivor by, for example, a bad drug or medical device.

Sexual misconduct is much broader than sexual assault or sexual harassment and may include non-physical behaviors like coercion (the use of express or implied threats of violence or reprisal [as discharge from employment] or other intimidating behavior that puts a person in immediate fear of the consequences in order to compel that person to act against his or her will), verbal  harassment (sexual jokes, suggestive statements, unwanted invitations or advances or propositions), non-verbal harassment (a lewd gesture, facial expression, staring, or leering), or cyber harassment (through social media, emails, or other digital means).

Sexual Misconduct in Different Contexts

Sexual Misconduct in schools can be committed by or against teachers and students and is illegal.  Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states:  “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”   Under Title IX, schools are obligated to ensure that sexual violence (misconduct) does not impede a student’s access to education.

Title IX applies to all colleges and universities that receive federal funding, including student financial aid.  One in four women will be assaulted during her time in college – whether by violent force or inability to consent.   In 2019, Dartmouth College settled a case involving nine women alleging the school ignored years of complaints against professors in its Psych Department.

Assault and inability to consent constitute sexual misconduct.

Under Title VII of the Civil Rights Act, harassment is flat-out illegal, and this law applies to employers with 15 or more employees (some state laws have protections for fewer than 15 employees.)  A hostile work environment occurs when an employee is the recipient of unwelcome verbal or physical sexual conduct that makes their job so uncomfortable that the entire environment no longer feels safe or appropriate.

The Department of Justice states:  “Sexual misconduct by police officers, probation officers, corrections officers and other employees of jails and prisons, as well as judges, prosecutors, public school employees, and other government actors, acting in their official capacity, is a federal crime. The Criminal Section of the Civil Rights Division of the United States Department of Justice (CRT), in partnership with the Federal Bureau of Investigation (FBI) and local United States Attorney’s Office (USAO), investigates and, where appropriate, prosecutes sexual misconduct by law enforcement and government actors.”

Policy language in schools, universities, workplaces, and law enforcement must be clear about prohibited sexual misconduct behaviors and are guidelines that students or workers must expect and follow.

The Title IX law protects individuals from sex discrimination in educational settings, including students, faculty, staff, contractors, applicants, and campus visitors.  Workplace sexual misconduct incident(s) are reported externally to the Equal Employment Opportunity Commission (EEOC) or your local EEOC field office.  They also have resources that will explain your rights and help you file a charge online. The EEOC will decide whether to proceed with mediation or an investigation.

Thank goodness that sexual misconduct laws and sexual misconduct policies are in place to protect us against sexual misconduct in school, college, work,  and law enforcement. 

Legal and Policy Perspectives

The Title IX law protects individuals from sex discrimination in educational settings, including students, faculty, staff, contractors, applicants, and campus visitors.  In a school setting (K-12), sexual misconduct should be reported to a trusted adult or the designated Title IX Coordinator.  Sex discrimination is a violation and involves treating someone (an applicant or employee) unfavorably because of that person’s sex, including the person’s sexual orientation, gender identity, or pregnancy.  If a teacher, for example, commits a violation of Title IX, that teacher could be fired. Being fired is a serious consequence but the violation may not be a specific criminal charge.

The U.S. Equal Employment Opportunity Commission (EEOC)  is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual orientation), national origin, age (40 or older), disability, or genetic information.

However, sexual misconduct can also include sexual assault by a teacher or coach who works for the school administration, and the school administration could be sued civilly for being responsible.  BUT there is a statute of limitations (a law assigning a certain time limit, usually from the date a crime is committed or discovered, after which your rights cannot be enforced by legal action and offenses against you can no longer be punished).  Survivors and/or families of survivors simply don’t have all the time in the world to file, therefore, it is important to know and understand the statute of limitations.

This is a good place to advise survivors to contact A Case for Women (ACFW), a women-owned organization that has recently celebrated its tenth anniversary.  ACFW offers a safe place for women to speak up and empower themselves to file life-changing civil lawsuits against the corporation or institution that harmed them.  ACFW has a network of lawyers and law firms that have the expertise and the resources to handle life-changing and complex legal action.  A civil lawsuit seeks to punish a corporation or institution that turned a blind eye to sexual assault within its ranks – or even enabled the behavior through a culture of abuse and silence. Slapping painful financial punishments on offending institutions is unanimously considered the best way to punish greedy powers where it hurts most: their bottom line.

Why Clarity Matters for Survivors and Institutions

Survivors of sexual misconduct have experienced incredible trauma, be it non-consensual touching or full-on rape.  Institutions, schools, and workplaces should have their policies concerning sexual misconduct prepared in an easy-to-read and understandable format, containing expected conduct and unacceptable conduct.  Understanding sexual misconduct is important for reporting, prevention, and supporting survivors.

A Case for Women uses language in advocacy by educating you about the civil legal system, by encouraging you to explore your legal options, and by expanding a national community of women who look out for each other. There is power and protection in every voice, starting with yours.  The role of language in accountability is important, too.  Many survivors are filing lawsuits against the perpetrator and others who had the ability and obligation to intervene, but instead, turned a blind eye.  They are “holding them accountable.”

Resources and Support

Coming forward with a serious allegation like sexual abuse can take a toll on a person’s emotional health.  RAINN (Rape, Abuse & Incest National Network) says that “sexual violence can have psychological, emotional, and physical effects on a survivor. These effects aren’t always easy to deal with, but with the right help and support they can be managed.” Resources and support for survivors are paramount for survivors to find the assistance they need after suffering a traumatic event like a sexual assault.  Below you will find a list of trusted resources that — together with A Case for Women — help survivors explore their legal options, get answers to their many questions, and find much-needed emotional support.  Also,  Psychology Today put out a great article on the psychological and therapeutic benefits of speaking out and of taking your power back.  ACFW has helped thousands of women and men take the next step towards healing and rebuilding their lives through legal action.  Check out these resources:

Rape, Abuse, and Incest National Network (RAINN)
RAINN’S National Sexual Assault Hotline
Call 800-656-HOPE
Online Chat:  https://www.rainn.org
Text HOPE at 66743

National Sexual Violence Resource Center (NSVRC)

Sexual Assault Kit Initiative (SAKI)

Sexual misconduct covers so many unacceptable behaviors, including:  unwanted sexual advances, coercion, inappropriate comments, indecent exposure, and sexual assault.  Be encouraged to seek support if you have experienced sexual misconduct of any kind.  YOU ARE NOT AT FAULT.  There is help and support just a click away.