Misconduct
Encyclopedia
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts.

Two categories of misconduct are sexual misconduct
Sexual misconduct
Sexual misconduct is misconduct of a sexual nature. The term may be used to condemn an act, but in some jurisdictions it has also a legal meaning....

 and of course official misconduct. In connection with school discipline, "misconduct" is generally understood to be student behavior that is unacceptable to school officials but does not violate criminal statutes, including absenteeism
Absenteeism
Absenteeism is a habitual pattern of absence from a duty or obligation. Traditionally, absenteeism has been viewed as an indicator of poor individual performance, as well as a breach of an implicit contract between employee and employer; it was seen as a management problem, and framed in economic...

, tardiness, bullying, and inappropriate language. (Special Education Dictionary, 2003, LRP Publications) Misconduct in the workplace generally falls under two categories. Minor misconduct is seen as unacceptable but is not a criminal offense (e.g. being late). Gross misconduct can lead to dismissal, (e.g. stealing or sexual harassment).

Misconduct

  • "Misconduct" is where something is seen as unacceptable but is not a criminal offence e.g. deceptive manipulation.
  • "Gross misconduct" can lead to immediate dismissal because it is serious enough and possibly criminal, e.g. stealing or sexual harassment
    Sexual harassment
    Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...

    .


Misconduct refers to an action, rather than neglecting to take action, or inaction which could be referred to as poor performance.

Examples of gross misconduct

  • Being drunk on duty
  • Illegal drug use at work
  • Fighting
  • Harassing people
  • Stealing
  • Subjecting people to racial abuse
  • Cursing/Swearing at the officials in sports
  • Cutting school (Truancy)
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