Do D POLICY ON HOMOSEXUAL CONDUCT Do D

Do. D POLICY ON HOMOSEXUAL CONDUCT

Do. D Policy on Homosexual Conduct • • • At the conclusion of this session, you will be able to: State basic points of Do. D Policy Define Sexual Orientation State Commander’s Responsibilities Describe characteristics of credible information List staff resources who can provide assistance

The Policy: Suitability is based on CONDUCT

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 • 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. • STATEMENT • ACT • MARRIAGE BETWEEN THE SAME SEX

STATEMENT • Conveyed through language or behavior • Indicates a propensity or intent to engage in homosexual acts • IS REBUTTABLE

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 • Associating with known homosexuals • Marching in a gay rights rally in civilian clothes • Possessing or reading homosexual publications • Going to a gay bar

RECAP • Sexual Orientation is a private/personal matter • CONDUCT determines suitability for service • Homosexual Conduct (SAM) is justification for administrative discharge

Do. D POLICY ON HOMOSEXUAL CONDUCT AFFECTS • • • Accessions Separations Criminal Investigations Security Investigations Military Training

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 • 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 • Not done solely to determine sexual orientation • Sexual misconduct alone, between consenting adults, in private, is generally insufficient to prompt a criminal investigation

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 • 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 • Soldiers are to be informed of policy • Commanders, recruiters, and investigators, etc. , are to be informed of the policy

Commander’s Responsibilities • Ensure soldiers are briefed on Do. D Policy on homosexual conduct • Ensure refresher and optional individual training in Military Justice, IAW AR 2710, paragraph 19 -2 f

HOW SHOULD A COMMANDER RESPOND TO ALLEGATIONS OF HOMOSEXUAL CONDUCT?

WHAT THE CO SHOULD DO: • Determine if the conduct fits the Do. D definition of homosexual conduct (SAM) • Verify that the information is credible • Start informal fact-finding only if credible info exists

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? • Confine all questions to homosexual conduct (NOT orientation!) • Verify that info is credible • Seek legal advice as needed

RESOURCES AVAILABLE TO SUPPORT YOU • SJA • MP • CID

REVIEW • Basic Points of Do. D Policy • Definitions • CO Responsibilities • Available Assistance

Questions Concerning the Do. D Policy on Homosexual Conduct

Application of the Do. D Policy (Discussion of Scenarios)