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Mohammad had engaged in sexual exploitation and abuse of two 8th grade male students at Irbid School (Student A and Student B). 5. (...) Mohammad had engaged in misconduct by attempting to sexually exploit the two male students. THE UNITED NATIONS APPEALS TRIBUNAL Judgment No. 2022-UNAT-1195 3 of 18 7. (...) It addresses complaints of sexual exploitation and abuse made by Agency beneficiaries against persons employed by the Agency in a working capacity.

The Applicant was charged with sexual abuse and exploitation on 24 August 2018. He was invited to respond to those charges. 13. (...) Section 1 of ST/SGB/2003/13 defines sexual exploitation as, [A]ny actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not Case No. (...) While both Complainants recorded sworn statements alleging sexual exploitation, there is also evidence that the Complainants may have had ulterior motives for making the complaints.

Staff regulation 10.1(b) provides that “[s]exual exploitation and sexual abuse constitute serious misconduct”. (...) Also, Secretary-General’s Bulletin ST/SGB/2003/13 (Special measures for protection from sexual exploitation and sexual abuse) provides in sec. 3 (Prohibition of sexual exploitation and sexual abuse), and more specifically in secs. 3.1 and 3.2(b): 3.1 Sexual exploitation and sexual abuse violate universally recognized international legal norms and standards and have always been unacceptable behaviour and prohibited conduct for United Nations staff. (...) Sec. 3.2(a) of ST/SGB/2003/13 explicitly provides that “[s]exual exploitation and sexual abuse constitute acts of serious misconduct and are therefore grounds for disciplinary measures, including summary dismissal”.

In the light of the foregoing, the Applicant submits that the charges of sexual exploitation and improper use of a UN vehicle should be dropped. (...) Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. (...) In the light of the foregoing, the Tribunal decides to reject this application. 18 Special measures for protection from sexual exploitation and sexual abuse, ST/SGB/2003/13 19 Special measures for protection from sexual exploitation and sexual abuse, ST/SGB/2003/13, Section 3.2.

In this case, there is no evidence to support the probable cause that he engaged in sexual exploitation and sexual abuse or any sexual misconduct. 13. (...) Staff rule 10.4(c) provides that administrative leave shall be with pay “except (i) in cases in which there is probable cause that a staff member has engaged in sexual exploitation and sexual abuse, among other forms of misconduct.” 61. (...) The Applicant’s assertion that there is no evidence to support the assertion that there is probable cause that he engaged in sexual exploitation and sexual abuse, or any sexual misconduct is without basis.

On 5 October 2017 allegations of sexual exploitation and abuse (SEA) by the Appellant were reported to the Acting Area Health Officer and to the Dheisheh Camp Services Officer. 4. (...) The present Circular addresses complaints of sexual exploitation and abuse made by Agency beneficiaries against persons employed by the Agency in a working capacity. The Agency will apply the following definitions of the terms “sexual exploitation” and “sexual abuse”: (a) “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.

Given the seriousness of the misconduct and in particular the Organization’s zero-tolerance policy towards sexual exploitation and abuse, the imposed sanction of dismissal was proportionate to the Applicant’s misconduct; d. (...) Staff rule 1.2(e) specifically provides as follows: Sexual exploitation and abuse is prohibited. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or the age of consent locally… Mistaken belief in the age of a child is not a defence… United Nations staff members are obliged to create and maintain an environment that prevents sexual exploitation and sexual abuse. 75. (...) Cases involving sexual exploitation and abuse have resulted in sanctions up to, and including, dismissal.

Staff rule 10.4 provides in the relevant part: […] (c) Administrative leave shall be with full pay except: (i) in cases in which there is probable cause that a staff member has engaged in sexual exploitation and sexual abuse, or (ii) when the Secretary-General decides that exceptional circumstances exist which warrant the placement of a staff member on administrative leave with partial pay or without pay. (...) For staff rule 10.4(c)(i) to be applicable it would be necessary that a staff member’s actions were, at minimum, accessory to sexual abuse or sexual exploitation. On the facts of the case, as they appear on the basis of the parties’ submissions, this would require that the Applicant had knowingly accepted that the female passenger would be subject to sexual exploitation aboard the United Nations vehicle or at the destination. (...) Referring the above considerations to the facts of the present case, the Tribunal is satisfied that the nature of the alleged conduct and its unfortunate publicity are factors that may require that the individuals under investigation be removed from service pending investigation, notwithstanding that the circumstance of sexual exploitation, as well as individual roles are yet to be established.

W01 had filed a complaint against him for sexual exploitation of V01 in relation to which he appeared in Court on 31 May 2008. (...) Lusimanadjo whose record of conversation indicates that a complaint of sexual exploitation was made against the Applicant with the local authorities. 59. (...) Paragraph 6 of the MONUC Code of Conduct on SEA which was applicable at all material times, prohibited all MONUC personnel from engaging in any act of sexual abuse and sexual exploitation or any other form of sexually humiliating, degrading or exploitative behavior.

He was initially suspended and later separated from service effective 14 March 2007 on the grounds of serious misconduct, specifically sexual exploitation and abuse. The Joint Disciplinary Committee (JDC) found that Mr. (...) UNDT/2011/218 of 29 December 2011, the UNDT found no evidence to establish any act of sexual exploitation on the part of Mr. Massah, who had died in the interim. (...) Massah’s conduct legally amounted to sexual exploitation. THE UNITED NATIONS APPEALS TRIBUNAL Judgment No. 2013-UNAT-356 3 of 5 5.