What is Sexual Misconduct?

In this video, we’re discussing ‘sexual misconduct’—what it is, how it differs from sexual assault, and the steps you can take if you encounter it in schools, your workplace, or other settings.

Sexual misconduct encompasses a range of inappropriate behaviors including unwelcome sexual advances, inappropriate touching, and coercive acts such as sexual assault or rape. It’s broader than sexual assault, which involves physical sexual acts done without consent.

Sexual misconduct is not a legal or official term – it is generally an umbrella term used in workplaces or educational settings to help educate individuals about inappropriate behavior.

In educational settings, sexual misconduct violates Title IX, a federal law that protects against sex discrimination in schools. Schools must address complaints and take corrective action to maintain safe educational environments. If they do not, or they retaliate against the student, there are additional legal rights and options such as filing a civil lawsuit against the school.
In the workplace, sexual misconduct can create a hostile environment, affecting job performance and safety. It’s crucial for employers to have clear policies and procedures for addressing such issues promptly. If you experience any form of sexual misconduct at work and report to your company, if they do not investigate or they retaliate such as changing your hours or putting you on leave, you have legal rights and options.

A question many ask is: is sexual misconduct a crime? It can be, depending on the facts and circumstances surrounding the actions. For example, physical sexual assault is a crime in every jurisdiction. However, verbal sexual harassment in the workplace is generally not considered a crime and is generally a civil offense.

If you or someone you know has experienced sexual misconduct, you have options. You can report the behavior to your school, workplace, or other institution the harm happens in like a church or wellness program. You can also report to law enforcement but the ability for the state to prosecute the offense will depend on a variety of factors.

You may also have a right to file a civil lawsuit to seek monetary compensation for the harm that happened to you – such as filing a lawsuit against your workplace or school if you reported and they retaliated or did not investigate after you reported.
Helping Survivors can answer your questions and connect you with experienced attorneys to help you understand your rights and explore your options.