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He contends that there was a pre-existing relationship with the Complainant which started as a consensual one in 2016, was never exploited by him and that eventually he was the target of attempted exploitation in the relationship. (...) Staff rule 1.2(e) provides that: Sexual exploitation and abuse is prohibited. … The exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour, is prohibited. United Nations staff members are obliged to create and maintain an environment that prevents sexual exploitation and sexual abuse. 25. Section 1 of ST/SGB/2003/13 (Special measures for protection from sexual exploitation and sexual abuse) (“the SGB”), defines sexual exploitation as “any actual Case No.

He was dismissed from service following findings by the Joint Disciplinary Committee (JDC) that he had engaged in serious misconduct, specifically sexual exploitation and abuse. 3. Mr. Massah contested the decision, and the UNDT held that there was not an iota of evidence to establish any act of sexual exploitation from the nude pictures that Mr. (...) Massah was charged with sexual exploitation by taking pornographic nude photographs of local women in Laayoune, in breach of the Secretary-General’s Bulletin ST/SGB/2003/13 (Special measures for protection from sexual exploitation and sexual abuse). (...) Massah was separated from service on the grounds of sexual exploitation and compensating women with money for sex.

The UNDT misinterpreted Staff Rule 1.2(e) and Section 3 of Secretary-General’s Bulletin ST/SGB/2003/13 (Special measures for protection from sexual exploitation and sexual abuse) (collectively, the Sexual Exploitation and Abuse “SEA” provisions). (...) Lucchini was guilty of sexual exploitation and abuse as contemplated in Staff Rule 1.2(e). 42. (...) Lucchini had authority over her employment and that he exploited her precarious position on that basis.

V01 claimed the Applicant first exploited her five times at his two residences although no one could be identified to corroborate this. (...) The prohibition of sexual exploitation and abuse is a core provision regulating the behaviour of all United Nations personnel. (...) Zero tolerance to sexual exploitation and abuse 52. The United Nations has a zero-tolerance policy to sexual exploitation and abuse by its personnel.

The Applicant, formerly with the United Nations Interim Security Force for Abyei (UNISFA), contested the decision to separate him from service for having exploited and/or abused, or attempted to sexually exploit and abuse, the cleaners working for the Mission. (...) On 24 August 2018, OHRM charged the Applicant with sexual exploitation and/or abuse, or attempted sexual exploitation and/or abuse. (...) Section 1 of ST/SGB/2003/13 provides that the term “sexual exploitation” means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

The charge against the Applicant is not one of sexual exploitation but rather being involved in activity which ‘assisted’ another in pursuing sexually exploitative activities. (...) The exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour, is prohibited. United Nations staff members are obliged to create and maintain an environment that prevents sexual exploitation and sexual abuse. 34. (...) The requirement that the Applicant should report his knowledge of the alleged misconduct, namely sexual exploitation, is the substance of the charge against the Applicant. 38.

… On 7 March 2009 the Applicant was detained for questioning by the Jordanian authorities in connection with an allegation that he sexually exploited a first grade student – Student A – in the school year 2006/2007. The allegations arose after a friend of Student A – Student B – informed his parents that Student A had been sexually exploited by the Applicant in the 2006/2007 school year (...) The DUO/J directed the Investigation Committee to: … undertake an examination into the complaint of alleged sexual exploitation and abuse by an UNRWA Teacher at [the school], using his position authority and power, to sexually exploit one of his students, taking into account, as appropriate, the attached Preliminary Assessment Report dated 6 April 2009

The Applicant was charged with sexual exploitation by taking pornographic nude photographs of local women in Laayoune, in breach of ST/SGB/2003/13 (Special measures for protection from sexual exploitation and sexual abuse). (...) ST/SGB/2003/13 does not require specific intent for sexual exploitation to take place. In this case, the record shows that the Applicant acted in an exploitative manner, taking into account the very large number of nude photographs taken by the Applicant. (...) Paragraph 31 falls under section “D. Sexual exploitation and sexual abuse”. Given that this Tribunal has found that there is no evidence whatsoever to support a charge of sexual exploitation, the Applicant’s case would in fact appear better suited to section “E.

That the prohibition of sexual exploitation and abuse is a core provision regulating the behaviour of all United Nations personnel. (...) A staff member engaged in sexual abuse and exploitation by paying prostitutes for sexual services. (...) A staff member engaged in sexual exploitation. The staff member’s admission and belief that the conduct was not exploitative constituted mitigating factors.

The Applicant is the subject of serious allegations involving sexual exploitation. At this stage there is evidence readily available to show that the Applicant engaged in the sexual exploitation of a Lebanese female and it is flagrant that he engaged in the alleged misconduct. (...) The Respondent has stated in his report on Special measures for protection from sexual exploitation and abuse 3 that the Organization has taken a firm stance on sexual exploitation. The implementation of the Secretary-General’s zero tolerance policy towards all forms of sexual exploitation and abuse by United Nations and related personnel is a priority for the Organization. 28.