Public Employee Sexual Misconduct

Misconduct covers a range of criminal acts and policy violations under D.C. law:

• Sexual abuse or assault under D.C. Code $22–3000 et seq., covering non-consensual sexual acts or contact.
• Sexual harassment within a government agency, defined by Equal Employment Opportunity (EEO) policies.
• Indecent exposure or lewd conduct in public (D.C. Code $22–1312).
• Abuse of authority for sexual favors, involving officials demanding sexual favors in exchange for employment benefits.
• Voyeurism or unlawful recording (D.C. Code $22–3531) of individuals in private settings.

These acts trigger both criminal prosecution by the U.S. Attorney's Office and separate administrative investigations by the employing D.C. agency. Misconduct often hinges on the elements of non-consent, coercion, or the improper use of official power.

Reports of misconduct can be formally submitted through several channels:

• Directly to the employing agency’s Human Resources (HR) or EEO office, which typically initiates an internal administrative investigation.
• Through the D.C. Office of the Inspector General (OIG Hotline) for allegations of waste, fraud, and abuse of authority.
• Via the Office of Employee Appeals (OEA) or established internal agency hotlines.

Anonymous reports are protected under the D.C. Whistleblower Protection Act (D.C. Code $1–615.51). All agencies must promptly document complaints and initiate impartial investigations, with retaliation against any good-faith reporter strictly prohibited under D.C. personnel rules.

Criminal penalties are imposed by the D.C. Superior Court based on the severity of the offense:

• Sexual abuse (First Degree): Up to life imprisonment.
• Sexual assault (Non-penetrative): Up to 10 years imprisonment.
• Indecent exposure (Misdemeanor): Up to 90 days imprisonment and/or fines.
• Voyeurism (Misdemeanor): Up to 1 year imprisonment and/or a $2,500 fine.

Enhanced penalties under $22–3020 apply if the victim is a minor, potentially resulting in mandatory minimum sentences and sex offender registration.

Administrative sanctions are issued by D.C. agencies under the D.C. Department of Human Resources (DCHR) guidelines (D.C. Municipal Regulations Title 6B, Chapter 16), regardless of a criminal conviction.

The disciplinary action is determined by the nature of the misconduct and the employee’s record. Termination for serious misconduct often permanently disqualifies the individual from future D.C. public service.

Under D.C. personnel law (including D.C. Code $1–1161.01 and $1–616.52), individuals are often disqualified from public service if they:

• Are convicted of a felony sexual offense (e.g., sexual abuse or assault).
• Are found to have committed serious sexual misconduct against minors.
• Are terminated for a violation of agency sexual harassment policies.

Even without a criminal conviction, an administrative finding of misconduct can lead to removal or lengthy suspension from duty, severely impacting the employee's professional standing and future in the public sector.

Employees facing allegations should seek legal counsel immediately and pursue formal defense strategies:

• Internal administrative review hearings to contest policy violations.
• Appeals to the Office of Employee Appeals (OEA) for adverse actions like removal or lengthy suspension (over 10 days).
• Union-backed grievance procedures if applicable under a collective bargaining agreement.

Swift, strategic action, including preserving all communication records and requesting representation during interviews, is essential due to the severe professional consequences of these allegations.