Summary
A 53-year-old test engineer and retired military pilot was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple incidents of unlawful filming. Between August and September 2006, the applicant videotaped women without their consent on at least three occasions, leading to a September 2006 conviction on five counts of Unlawful Filming or Photography of Another. Additionally, in June 2017, the applicant attempted to film women in a department store without consent.
The decision cited disqualifying conditions related to the pattern of sexual behavior and criminal conduct. While the applicant presented mitigating factors, these were deemed insufficient. The judge found that the applicant's history of sexual misconduct, including the repeated filming of women without consent, raised significant security concerns.
Crucially, the applicant's denials regarding the 2017 incident were contradicted by overwhelming evidence, including positive witness identification. Furthermore, the applicant failed to provide sufficient evidence of successful rehabilitation or compliance with treatment plans. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant had a history of sexual misconduct, including multiple incidents of filming women without consent.
- The applicant's denials of involvement in the 2017 incident were contradicted by overwhelming evidence, including positive identification by witnesses.
- The applicant failed to provide sufficient evidence of successful rehabilitation or compliance with treatment plans.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 14(b)rejectedBehavior Happened so Long Ago or Under Unusual CircumstancesThe applicant's behavior was recent and recurring.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's ongoing denial of culpability indicates continued risk.
- AG ¶ 14(e)rejectedSuccessful Completion of TreatmentInsufficient evidence of compliance with treatment or successful rehabilitation.
Key rule quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural posture
- SOR issuedNov 19, 2019
- Answer filedJan 24, 2020
- Hearing heldOct 20, 2020
- Decision dateFeb 17, 2021
Cite for
- Denial of Security Clearance Due to Pattern of Sexual Misconduct
- Insufficient Evidence of Rehabilitation Under Guideline D
- Ongoing Denial of Culpability Impacting Security Eligibility Under Guideline J