Failure to perform doesn't count -- it must be due to behavioral or social problems, not performance.

Can be termination or resignation, since the boundary is sometimes blurry. As long as the position was credibly ended because of the behavior.

Some examples that would count:

-Sexual harassment allegations that resulted in termination or resignation

-Resigning after an inflammatory email is made public

-Getting into an altercation with a coworker and being fired

-Violating company policies, such as misusing property or time

-Online posts that caused a scandal for the firm, resulting in termination or resignation