Summary
A 58-year-old federal contractor was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and K (Handling Protected Information). The applicant admitted to sexually fantasizing about his minor daughter and her friends, and masturbating to these fantasies. He also admitted to a childhood incident involving inappropriate touching of a three-year-old girl.
Further issues included the applicant's mishandling of classified information. He removed documents from a Sensitive Compartmented Information Facility (SCIF) to study at home and kept classified submarine qualification cards as souvenirs, failing to return or properly dispose of them. Additionally, the applicant was found to have been less than candid during an OPM background investigation, failing to disclose the full extent of his sexual fantasies related to minors and the unauthorized appropriation of numerous computer parts from his employer. He returned the computer equipment after being confronted.
Despite some mitigating factors, the judge concluded that the applicant's admissions and lack of treatment for his behavior did not sufficiently mitigate the security risks, leading to the denial of his clearance.
Why the applicant was denied
- The applicant admitted to inappropriate sexual fantasies involving his minor daughter and her friends, raising significant security concerns.
- He mishandled classified information by removing documents from a SCIF and retaining classified materials without proper authorization.
- The applicant failed to disclose critical information during an OPM interview, demonstrating a lack of candor and reliability.
Conditions referenced
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- AG ¶ 34(b)raisedCollecting and Storing Protected Information in Any Unauthorized Location
- AG ¶ 34(g)raisedFailure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 14(a)appliedThe Behavior Occurred Prior to or During Adolescence
- AG ¶ 14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual CircumstancesThe applicant's recent sexual fantasies and lack of treatment do not mitigate concerns.
- AG ¶ 14(c)rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's admissions indicate ongoing vulnerability.
- AG ¶ 14(d)rejectedThe Sexual Behavior Is Strictly Private, Consensual, and DiscreetThe nature of the behavior raises significant concerns.
- AG ¶ 14(e)rejectedThe Individual Has Successfully Completed an Appropriate Program of TreatmentThe applicant has not participated in any counseling or treatment.
Key rule quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural posture
- SOR issuedOct 10, 2017
- Answer filedAug 31, 2017
- Hearing heldAug 1, 2018Applicant waived right to 15-days advanced notice.
- Decision dateJan 16, 2019
Cite for
- Security Concerns Regarding Sexual Behavior Under Guideline D
- Handling Protected Information Violations Under Guideline K
- Lack of Candor and Personal Conduct Issues Under Guideline E