Summary
A 40-year-old senior test engineer was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant was indicted by a grand jury in May 2013 on 12 counts of sexual criminal conduct, including four counts of aggravated rape of a child, six counts of indecent assault and battery on a child under age 14, one count of assault and battery with intent to rape, and one count of assault and battery by means of a dangerous weapon. These alleged offenses were committed against his underage stepdaughter between July 2009 and February 2013.
Despite the state declining further prosecution, the judge found credible evidence of the applicant's criminal conduct. Disqualifying conditions were raised under AG ¶ 31(b), AG ¶ 16(d), AG ¶ 16(e), AG ¶ 13(a), AG ¶ 13(c), AG ¶ 13(d), AG ¶ 16(a), and AG ¶ 16(b).
The denial was based on the serious nature of the alleged sexual crimes, which raised significant concerns about the applicant's judgment and trustworthiness. Additionally, the applicant failed to timely report his arrest to his employer and demonstrated a lack of candor during the investigation, minimizing the charges against him.
Why the Applicant Was Denied
- The applicant was indicted on multiple counts of sexual crimes against his stepdaughter, raising significant concerns about his judgment and trustworthiness.
- The applicant failed to report his arrest to his employer in a timely manner, which further diminished his credibility.
- The applicant's lack of candor during the investigation and his minimization of the charges against him contributed to the unfavorable decision.
Conditions Referenced
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 16(d)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior Causing Vulnerability
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 16(a)raisedDeliberate Omission or Concealment
- AG ¶ 16(b)raisedProviding False or Misleading Information
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 8, 2018
- Answer filedJul 27, 2018
- Hearing heldFeb 12, 2019
- Decision dateMar 12, 2019
Cite For
- Credibility Issues Related to Allegations of Sexual Misconduct Under Guideline D
- Lack of Candor Impacting Security Clearance Eligibility Under Guideline E
- Seriousness of Criminal Conduct Affecting Trustworthiness Under Guideline J