Summary
A 32-year-old male applicant with a diagnosed fetishistic disorder was granted a security clearance despite concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons detailed his compulsive sexual behavior related to diapers, including seeking imagery for arousal, inadvertently viewing child pornography multiple times, and stealing diapers. These behaviors raised questions about his reliability and trustworthiness, and the potential for exploitation.
Disqualifying conditions cited included engaging in sexual behavior that creates an unacceptable risk of the applicant being exploited, coerced, or induced to act contrary to national security interests, and a pattern of questionable judgment, instability, or unwillingness to comply with rules.
However, several mitigating conditions were applied. The applicant has been in ongoing mental health treatment since 2016, demonstrating significant improvement. His supervisors provided strong endorsements, attesting to his reliability and trustworthiness. The administrative judge concluded there was no evidence of pedophilic tendencies, and the applicant's behavior was deemed unlikely to recur, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant has been in ongoing mental health treatment since 2016, showing significant improvement.
- Strong endorsements from supervisors indicated the applicant's reliability and trustworthiness.
- The judge found no evidence of pedophilic tendencies, and the applicant's behavior was deemed unlikely to recur.
Conditions Referenced
- AG ¶ 13(a)rejectedSexual Behavior of a Criminal NatureThe applicant's inadvertent viewing of child pornography was not established as a violation of the law.
- AG ¶ 13(b)raisedPattern of Compulsive Sexual BehaviorThe applicant's diaper fetish was identified as compulsive, but not self-destructive or high-risk.
- AG ¶ 13(c)appliedVulnerability to CoercionThe applicant's atypical behavior could make him vulnerable to exploitation.
- AG ¶ 13(d)raisedLack of Discretion or JudgmentThe applicant's past behavior raised concerns but was not indicative of current judgment.
- AG ¶ 16(c)appliedCredible Adverse InformationThe applicant's behavior raised questions about his judgment and trustworthiness.
- AG ¶ 16(e)appliedPersonal Conduct Creating VulnerabilityThe applicant's conduct could create vulnerability to exploitation.
- AG ¶ 14(b)appliedBehavior Unlikely to RecurThe applicant's sexual behavior does not cast doubt on his current reliability.
- AG ¶ 14(c)appliedBehavior No Longer Serves as a Basis for CoercionThe applicant has taken steps to avoid accidental viewing of inappropriate material.
- AG ¶ 14(d)appliedStrictly Private BehaviorThe applicant's behavior is private and does not involve others.
- AG ¶ 14(e)appliedSuccessful Completion of TreatmentThe applicant has engaged in ongoing treatment and received favorable evaluations from mental health professionals.
- AG ¶ 17(d)appliedAcknowledgment and CounselingThe applicant has acknowledged his behavior and sought counseling.
- AG ¶ 17(e)appliedPositive Steps to Reduce VulnerabilityThe applicant has taken measures to eliminate vulnerability to exploitation.
Key Rule Quoted
“While he has a number of important behavioral and mental health challenges, Applicant has enough mitigating factors to conclude that his conditions do not negatively impact his judgment, reliability, and trustworthiness in the context of safeguarding sensitive information and working in a cleared setting.”
Procedural Posture
- SOR issuedNov 20, 2020
- Answer filedJan 19, 2021
- Hearing heldMay 19, 2021
- Decision dateSep 9, 2021
Cite For
- Mitigating Factors for Atypical Sexual Behavior Under Guideline D
- Impact of Ongoing Mental Health Treatment on Security Clearance Eligibility
- Importance of Supervisor Endorsements in Security Clearance Cases