Summary
A 68-year-old defense contractor was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and M (Use of Information Technology). Between 2001 and 2015, the applicant used his company-issued computer to upload, view, and save images of naked women and young girls, ages 11-15, in modeling poses and with scant clothing. This occurred despite signing employer documents prohibiting the use of company computers for viewing pornography.
Further concerns stemmed from a January 1997 arrest and charges for sexual assault and sexual assault on a child while in a position of trust. Although the applicant attended a 12-step program for sex addicts from 2001 to 2016, he stopped attending because his wife believed it was not helping him. In February 2015, he was removed from work, and his company laptop and badges were confiscated for violating personal conduct and network IT policies, leading to his termination in March 2015.
The denial was based on the applicant's admission of using company resources for inappropriate content, including child erotica, and his past sexual assault conviction. His ongoing behavior, even after treatment, indicated a lack of control and poor judgment, raising significant doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to using company resources to view and save inappropriate content, including child erotica.
- The applicant's past conviction for sexual assault on a minor raised significant concerns about his judgment and reliability.
- Ongoing behavior of viewing child erotica, even after treatment, indicated a lack of control and poor judgment.
Conditions Referenced
- AG ¶ 12(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 12(d)appliedSexual Behavior That Reflects Lack of Discretion or Judgment
- AG ¶ 39(e)appliedUnauthorized Use of Any Information Technology System
- AG ¶ 15(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 15(f)appliedViolation of Written Commitments to Employer
- AG ¶ 14(e)rejectedSuccessful Completion of TreatmentThe applicant failed to document any treatment or provide evidence of a favorable prognosis.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and Obtaining CounselingThe applicant's claims of counseling were not substantiated with evidence.
- AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant's ongoing behavior indicated a lack of effective measures to mitigate risks.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 23, 2020
- Answer filedDec 3, 2020
- Hearing heldNov 17, 2021Hearing was held as scheduled.
- Decision dateFeb 25, 2022
Cite For
- Denial of Security Clearance Due to Past Sexual Assault Conviction
- Ongoing Inappropriate Behavior as a Disqualifying Factor
- Failure to Mitigate Security Concerns Under Multiple Guidelines