Legal Definitions - misconduct

Misconduct refers to behavior that is improper, unethical, or unlawful, especially when it occurs in a professional or official capacity. It often involves a failure to uphold one's duties or responsibilities, or acting in a way that violates established rules, policies, or laws.

• Example 1: A financial advisor recommends a complex, high-fee investment product to a client, knowing that a simpler, lower-cost option would better suit the client's financial goals, but the high-fee product offers the advisor a larger commission.

  This illustrates misconduct because the advisor is acting improperly and unethically, prioritizing personal gain over the client's best interests. This behavior constitutes a dereliction of their professional duty to provide suitable and unbiased advice.

• Example 2: A police officer uses their official position to access confidential information about a private citizen for personal reasons unrelated to any investigation, then shares that information with a third party.

  This is a clear example of misconduct. The officer is engaging in unlawful and improper behavior by misusing their authority and accessing private data without legitimate cause, violating privacy laws and departmental policies regarding information access.

• Example 3: A senior manager at a manufacturing company knowingly approves the use of substandard materials for a product to cut costs, despite being aware that this could compromise the product's safety and durability for consumers.

  This demonstrates misconduct because the manager is engaging in unethical and potentially unlawful behavior by prioritizing profit over product safety and consumer well-being. This action represents a significant failure in their professional duty to ensure quality and safety standards.