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Allegations of sexual harassment are rarely considered under Guideline D.

They are almost always Guideline E: Personal Conduct issues, because they involve rule violation and may be indicative of questionable judgment.

It can also be a Guideline E issue, because it is a misuse of an employer’s time and usually a violation of work rules.

Sexual misconduct occurring in foreign countries or involving foreigners can increase susceptibility to foreign exploitation and therefore create additional security concerns under Guideline B: Foreign Influence.

No adverse inference concerning the standards in the Guideline may be raised solely on the basis of the sexual orientation of the individual.

Prior to 1992 the Adjudicative Guidelines made “acts of sexual misconduct or perversion indicative of moral turpitude, poor judgment, or lack of regard for the laws of society” disqualifying.

Many people have concerns about how their past sexual indiscretions may negatively affect their security clearance eligibility.

Most sexual misconduct is either not a potentially disqualifying condition for a security clearance or can be fully mitigated by “passage of time without recurrence” and the absence of any susceptibility to blackmail or coercion.

Eight-nine percent of the cases citing sexual behavior resulted in clearance denials.Under certain circumstances adultery in the military can also be a criminal offense.Eliminating the potential for coercion usually requires disclosing the conduct to a spouse and possibly to others, such as an employer if a work associate is involved or the spouse of the other person.Of the approximately 1160 cases decided by administrative judges at Defense Office of Hearings and Appeals (DOHA) in 2009 only 36 cited “Sexual Behavior” as a security/suitability issue.Almost all of these 36 cases involved criminal conduct, and about half involved criminal convictions for sexual offenses.

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