Professional Sexual Misconduct

Professional sexual misconduct is sexual activity between a person of authority with a subordinate person.  This type of conduct generally runs afoul of the profession’s code of ethics.

What is Considered Professional Sexual Misconduct?

Sexual harassment or sexual misconduct can arise in various settings.  Frequently, the situation arises where there is a position of power over an individual who is less knowledgeable, insubordinate, or weaker in a certain manner than the individual who commits the misconduct.  Some frequent examples include the following:

• physician/patient
• attorney/client
• professor/student
• teacher/student
• clergy/congregation member

Rights for Victims

Victims can report the professional’s misconduct to the particular agency which licenses the profession.  Frequently, the profession’s licensing board will have an internal review process and evaluation procedure.  If the professional is found to have committed sexual misconduct, there may be certain mandated procedures which are followed.  For instances, the following may be required:

• review of the professional’s associates, other patients (with consent)
• review of professional’s legal or therapy records
• mandated psychiatric and/or psychological tests related to the incident
• mandated treatment
• suspension or loss of license
• mandated ongoing progress reporting to the licensing agency
• payment of fines and/or other penalties

Falsely Accused Professionals

When a professional has been falsely accused, it is important to immediately obtain the sexual harassment policy for the entity for which one is licensed or employed.  This policy typically outlines the procedure for defending oneself in such an instance.  For example, the policy may permit one to file a formal letter which requests a formal hearing before a judiciary board.  Ultimately, it is advisable to consult with an attorney in order to adequately protect one’s rights and reputation when falsely accused of professional sexual harassment or professional sexual misconduct.

How a Lawyer Can Help

Employment law is a complex area of the law, combining federal and state law, labor law, torts law, civil rights law and other types of laws.  Therefore, if one is charged with professional sexual misconduct, it is essential to obtain an attorney with experience in representing professionals in employment law and sexual misconduct matters.  An experienced attorney can not only utilize their skills to review one’s case, but also the attorney can help direct one towards the most appropriate course of action.