Thus, under the UDTA the fiduciary responsibility for a power of direction attaches primarily to the trust director (or trust protector or trust adviser) who holds the power, with only a diminished duty to avoid "willful misconduct" applying to a directed trustee (or administrative trustee).
"Throwing Back the Big Fish" (editorial, Oct. 25) suggests that there is reason to believe that John Mack, the chief executive of Morgan Stanley, may have engaged in misconduct or applied political pressure on the Securities and Exchange Commission.
American universities internally investigating complaints of sexual violence, misconduct and harassment apply a variety of standards of proof.
"After carefully considering all the evidence we have concluded that our powers to discipline for misconduct do not apply and that an action in relation to senior management for lack of fitness and propriety would not have reasonable prospects of success.
The most favorable interpretation for DesJarlais of his behavior as discussed in the transcript would involve deciphering the latter scenario; but if the woman got any medical advice or follow-up care after the sexual relationship began, the more damning sexual misconduct rule would apply.
But the official-misconduct law does not apply if the officers sought no benefit beyond not doing their jobs, the defense argues, even though the prosecution suggested so to the jury.
In Malesko v. Correctional Services, Judge Sotomayor found that a legal theory that allows plaintiffs to sue the government over misconduct could be applied to a private company operating under a government contract.
For allegations of misconduct, the committee applies the criminal standard of proof to the evidence it receives - it must be satisfied 'beyond reasonable doubt' that an allegation is proved.
