Sexual Misconduct Disciplinary Matter—One-Month Suspension

The client was awaiting review by a disciplinary committee in connection with alleged sexual misconduct. In disciplinary matters involving sexual misconduct, the review frequently encompasses not only the underlying facts but also the duty to maintain dignity within the relevant institution, the extent to which trust within the organization was undermined, and the individual’s conduct following the incident.

In this matter, it was important to determine what significance the facts established in the criminal proceedings would have in the disciplinary proceedings and how to organize the circumstances that could be considered in determining the appropriate level of discipline. Although the outcome of criminal proceedings does not apply automatically to disciplinary proceedings, the course of the investigation and the disposition imposed may serve as important reference materials when the disciplinary committee assesses the facts and the severity of the misconduct.

Accordingly, the initial response required more than simply requesting leniency. It was necessary to distinguish between the matters that could be acknowledged and those requiring explanation, and to organize materials that could be reflected in the determination of the appropriate level of discipline.

01
The extent to which the grounds for disciplinary action based on sexual misconduct would be assessed
02
How the outcome of the criminal proceedings would be reflected by the disciplinary committee
03
Whether sufficient mitigating circumstances concerning the level of discipline had been presented

MEGA X first reviewed the facts underlying the request for a disciplinary resolution and distinguished between the matters that could be acknowledged and those requiring explanation in connection with the level of discipline. In disciplinary matters involving sexual misconduct, an aggressive challenge to the facts may operate to the individual’s disadvantage; therefore, MEGA X organized the appropriate approach to each issue.

Next, MEGA X reorganized the course of the investigation and the disposition from the criminal proceedings from the perspective of the disciplinary proceedings. To ensure that the outcome of the criminal proceedings would not be interpreted by the disciplinary committee solely in an unfavorable manner, MEGA X addressed in its written opinion the significance of that outcome in determining the appropriate level of discipline.

MEGA X also organized explanations concerning the individual’s conduct before and after the incident, mitigating circumstances related to employment, and the appropriateness of the proposed level of discipline so that the disciplinary committee could meaningfully consider them. Rather than merely requesting leniency, the written opinion focused on the principle that, even if the grounds for disciplinary action based on sexual misconduct are established, the level of discipline must be determined by comprehensively considering various circumstances.

One-Month Suspension