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DoD POLICY ON HOMOSEXUAL CONDUCT. DoD Policy on Homosexual Conduct. At the conclusion of this session, you will be able to: State basic points of DoD Policy Define Sexual Orientation State Commander’s Responsibilities Describe characteristics of credible information

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dod policy on homosexual conduct1
DoD Policy on Homosexual Conduct

At the conclusion of this session, you will be able to:

  • State basic points of DoD Policy
  • Define Sexual Orientation
  • State Commander’s Responsibilities
  • Describe characteristics of credible information
  • List staff resources who can provide assistance
the policy
The Policy:

Suitability is based on CONDUCT

sexual orientation
SEXUAL ORIENTATION
  • Is a personal/private matter
  • Is “an abstract sexual preference for persons of a particular sex as distinct from a propensity to engage in sexual acts”
definitions
DEFINITIONS
  • Propensity: Indicates a likelihood that a person engages in or will engage in homosexual acts
  • Homosexual: A person, regardless of sex, who engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts
what is homosexual conduct s a m
WHAT IS HOMOSEXUAL CONDUCT? S.A.M.
  • STATEMENT
  • ACT
  • MARRIAGE BETWEEN THE SAME SEX
statement
STATEMENT
  • Conveyed through language or behavior
  • Indicates a propensity or intent to engage in homosexual acts
  • IS REBUTTABLE
slide9
ACTS
  • ANY BODILY CONTACT:
  • Activily undertaken or passively permitted, between same sex persons for the purpose of satisfying sexual desires
  • That a reasonable person would understand to show a propensity or intent to engage in act described above
behaviors which are not homosexual acts
Behaviors which are not homosexual acts
  • Associating with known homosexuals
  • Marching in a gay rights rally in civilian clothes
  • Possessing or reading homosexual publications
  • Going to a gay bar
recap
RECAP
  • Sexual Orientation is a private/personal matter
  • CONDUCT determines suitability for service
  • Homosexual Conduct (SAM) is justification for administrative discharge
dod policy on homosexual conduct affects
DoD POLICY ON HOMOSEXUAL CONDUCT AFFECTS
  • Accessions
  • Separations
  • Criminal Investigations
  • Security Investigations
  • Military Training
accessions
ACCESSIONS
  • Sexual orientation ALONE is not a bar
  • Will not be asked to reveal whether they are heterosexual, homosexual, or bisexual
  • All will be informed of policy
separations
SEPARATIONS
  • Based on CONDUCT
  • Three bases: S A M
  • Discharge for engaging in homosexual conduct will be “honorable” or “under honorable conditions”
  • A Court-Martial can have worse consequences.
criminal investigations
CRIMINAL INVESTIGATIONS
  • Not done solely to determine sexual orientation
  • Sexual misconduct alone, between consenting adults, in private, is generally insufficient to prompt a criminal investigation
criminal investigations1
CRIMINAL INVESTIGATIONS
  • Allegations of sexual misconduct handled by CO in the absence of aggravating factors
  • If CO is uncertain what to do call JAG
personnel security
PERSONNEL SECURITY
  • No investigation solely to determine sexual orientation
  • No questions about sexual orientation on Security Questionaire
  • Only sexual CONDUCT can be questioned
  • No info about sexual orientation or conduct can be used for separation
military training
MILITARY TRAINING
  • Soldiers are to be informed of policy
  • Commanders, recruiters, and investigators, etc., are to be informed of the policy
commander s responsibilities
Commander’s Responsibilities
  • Ensure soldiers are briefed on DoD Policy on homosexual conduct
  • Ensure refresher and optional individual training in Military Justice, IAW AR 27-10, paragraph 19-2f
what the co should do
WHAT THE CO SHOULD DO:
  • Determine if the conduct fits the DoD definition of homosexual conduct (SAM)
  • Verify that the information is credible
  • Start informal fact-finding only if credible info exists
what is credible info
WHAT IS CREDIBLE INFO?
  • Comes from a reliable source
  • Is an observation (sight or sound) of conduct
  • Would lead reasonable person to believe the person making the statement or act intended to convey the fact that he/she engages in or has propensity to engage in homosexual conduct.
how should your commander carry out the inquiry
HOW SHOULD YOUR COMMANDER CARRY OUT THE INQUIRY?
  • Confine all questions to homosexual conduct (NOT orientation!)
  • Verify that info is credible
  • Seek legal advice as needed
review
REVIEW
  • Basic Points of DoD Policy
  • Definitions
  • CO Responsibilities
  • Available Assistance
application of the dod policy
Application of the DoD Policy

(Discussion of Scenarios)