Can you define "sexual misconduct"? Did he engage in sexual harassment specifically?
I'm usually of the mind that a person should not be fired from his or her job based on something they do/did in their personal lives unless it is proven illegal or unless it directly contradicts company rules and guidelines.
He grabbed Hilarie Burton left boob on set TRL 2003. When she asked what are you doing he said some women like a little boob tweakage here and there. There isn't the power relationship here like with Weinstein. Weinstein could black list his victims. I don't think Ben would have that much sway over MTV's TRL Host. I guess in the grand scheme of things he wielded a little bit of power over her. He had won the oscar for Good Will Hunting then. So his star power could've placed him above her in the power struggle dynamic, but not direct power.
Annamarie Tendler, who is married to comedian John Mulaney and a makeup artist , claims Ben Grabbed her ass at a Golden Globes After party. Here again there maybe some power dynamic. Him being a movie star and her a makeup artist. Maybe a little more so than Hilarie Burton vs Ben Affleck. At least Hilarie has some recognition. With Annamarie she is behind the scenes. There is a possibility that if Affleck want to stop her from getting work he could black list her to some degree to keep her quiet. (This doesn't mean he did that just saying she would be easier to do that too.)
On a scale of 1 to 10 (10 being Harvey Weinstein)
Ben vs Hilarie - She wasn't a nobody, but she did have some exposure so she could've came out. Even with that exposure she could've felt she couldn't fight it. Him being a big star her a lowly VJ. She wouldn't be the first person afraid for her job even if the power dynamic was tangential .
With Ben coming out and apologizing I'd say 5 out 10.
On a scale of 1 to 10 (10 being Harvey Weinstein)
Ben vs Annamarie Tendler. Here the power dynamic is stronger. With Annamarie Tendler being behind the scenes woman and working in the business Ben would have more power on his side. Not as bad as Harvey by any stretch of the imagination. This situation is little worse in my opinion. By her tweet looks like it's still on her mind. She wants an apology. Now with all these women coming out vs men in the business she finally spoke out. She did it with anger, but we don't know if she feared for her career in 2014 or not.
With her being lower down the totem pole Id say 7 out 10.
I am pretty sure movie contracts have some type of Morality Clause. (rarely enforced I would think though)
On legality both would fall under Unlawful Sexual Contact or Sexual Battery. (Sexual Harassment)
TRL was broadcast from New York. New York Consolidated Laws, Penal Law - PEN § 130.52 Forcible touching Class 1 misdemeanor. While it is a misdemeanor it also can hold some weight as it is also a Sex Crime. Up to a year in jail. Fines. And 6 years probation no matter what because of the Sex Crime side of it
Golden Globes Party was in California. California Penal Code 243.4 PC Sexual Battery/Assault. Sexual battery can be either misdemeanor or
felony sexual battery. Here it would seem that this is misdemeanor version. Here are some examples of misdemeanor sexual assault:
Intentionally fondling a female stranger's breast without permission, or
Putting your hands on someone else's buttocks without first obtaining consent to do so.
A conviction for misdemeanor sexual battery carries a maximum county jail sentence of either six (6) months or one (1) year, depending on the circumstances...and a fine of up to $2,000 (or up to $3,000 if the victim was your employee).
So he did break the law if the accusations are true.