California Employment Law
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I am very sorry you are in this situation. As for the legality of what has transpired, false statements of fact can give rise to a claim for defamation. The problem here is that the statement is not actually false -- you did physically touch someone on the cheek -- the statement simply mischaracterizes your intent. It is not defamation to state one's observation about someone else's intent, as such a statement is pure opinion and thus not a "statement of fact." So from a legal standpoint I don't really see anything that you can do. All you can do is cooperate with your employer's investigation and write a letter explaining your side of events and that nothing malicious was intended by your actions. Although you may not feel that you need to, you may also wish to consider an apologize if your actions were misconstrued.
I know this is not exactly what you want to hear, but it is the legal reality of your situation. All I can do is relate that to you and trust that you will appreciate an honest and direct answer to your question.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
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Thank you for your reply.
If you can point out to your superiors any particular ulterior motivation you believe may have existed, that may help them understand things more from your perspective. But ultimately, I think the best approach is to apologize and attempt to make amends. I truly wish there were legal options here, but there simply are not.
Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.
Very best wishes.
Was there anything else?