Facing Discipline? AFSA Is Here to Help AFSA’s Office of the General Counsel (OGC) assists members facing investigations and discipline arising from alleged misconduct. Allegations of improper conduct can sometimes lead to harsh discipline that can damage a career. The situation can be stressful, embarrassing, and potentially career-altering. Know that you do not have to navigate the process alone. AFSA is here to help. Even when an allegation does not result in a proposed separation, discipline can have serious and lasting consequences. For example, for suspensions of more than five days, the discipline letter remains in an employee’s official personnel folder (OPF) until the employee is promoted (3 FAM 4355). Because promotion can be extremely difficult with such discipline in the record, the employee may be at risk of reaching their time-in-class (TIC) limit before receiving a promotion. Changes to 3 FAM 4370 While the State Department has not issued new rules for conduct, we have seen a trend in that agency toward applying sterner penalties. Also, as we reported to our members on July 31, AFSA was alerted to unilateral changes to 3 FAM 4370, which governs penalties for misconduct and applies to all foreign affairs agencies. The requirement that disciplinary action be consistent with “like penalties for similar offenses” and take mitigating and aggravating circumstances into account was removed. The revised FAM states that proposing and deciding officials are not bound by prior decisions in similar cases. The department also removed guidance requiring disciplinary action to be “fair and equitable” and any penalty imposed to be no more severe than sound judgment required to correct the conduct and maintain discipline. Common Pitfalls Many of the cases we see originate overseas. Life in an embassy or consulate comes with special pressures and strictures. The same standard of conduct, however, applies both domestically and overseas. To help members protect themselves and their careers, AFSA offers the following reminders regarding some of the most common pitfalls we see. Relationships: The Foreign Service does not make you take a vow of chastity. You are permitted to have personal and romantic relationships with people in your office or at your post. However, some basic guidelines apply. Sexual or romantic relationships involving employees married to other people can be disruptive to a post and raise vulnerability concerns. They can therefore result in curtailment, discipline, and/or the suspension or revocation of your clearance. An employee who becomes sexually or romantically involved with someone in their chain of command must get a carve out—you absolutely cannot supervise someone with whom you are romantically or sexually involved. If you are involved with a local national, you must report your contact in accordance with 12 FAM 270, 22 State 39456. In all things relationship related, exercise good judgment. A romance gone wrong, especially at a small post, can prove disastrous to morale and could harm your career. They can and do result in accusations of sexual harassment. Sexual Misconduct and Notoriously Disgraceful Conduct: The department has issued clear guidance on these topics, which we recommend everyone review (17 State 53436 ). In practical terms, here are some key things to avoid, based on what we see. • Don’t hire prostitutes or escorts, even if prostitution is legal in the country to which you are assigned, and even if the person calls herself or himself something else. • Marijuana is still illegal as far as the federal government is concerned. If you are at a party where drugs are being used, you should leave (24 State 47470). • Don’t engage in “promiscuous” behavior. “Promiscuous” is not clearly defined by the FAM, but the “good judgment” standard should apply. Relationships gone wrong can have serious consequences. Having multiple relationships increases that likelihood. • Never access pornography on your government computer or phone. • Spousal or child abuse will have swift and serious consequences. All reports of abuse must be investigated. Be aware that what some consider acceptable methods for disciplining children may not be seen that way by others in the community and could result in reports of child abuse. • Be careful about texts and messages sent to department employees or on group chats. Even if the messages are personal or “off-hours,” they can still get you in trouble, especially if overseas. Sometime people bridle at what they see as intrusion into their private lives, but Foreign Service members represent the United States 24/7, hold positions of public trust, and possess security clearances. Your agency has the right to hold you to specific standards of conduct. Diplomatic status does not excuse unlawful or improper conduct. Alcohol: A huge number of discipline cases we see involve the excessive use of alcohol, which can lead AFSA NEWS THE FOREIGN SERVICE JOURNAL | NOVEMBER-DECEMBER 2026 69 OCG CORNER Continued on page 70
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