Summary
A 65-year-old former chief strategy and technology officer with a Ph.D. in nuclear engineering was denied a security clearance. The denial was based on concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology).
The applicant was terminated from his previous employment for accessing and storing pornography on company computer systems, a violation of company policy. While the applicant partially admitted to the allegations, his broader denials of wrongdoing were deemed not credible due to substantial evidence from his former employer's investigation. This conduct raised disqualifying conditions under AG ¶ 40(e), AG ¶ 40(f), AG ¶ 16(2), AG ¶ 16(3), and AG ¶ 16(4).
Although some mitigating conditions were considered under Guideline D, specifically AG ¶ 14(c) and AG ¶ 14(d), and AG ¶ 17(e) was applied, the applicant did not adequately resolve the concerns related to his personal conduct and use of information technology. His history of personal pornography use also raised questions about his judgment and reliability, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant was terminated for accessing and storing pornography on company computer systems, violating company policy.
- The applicant's denial of wrongdoing was not credible in light of substantial evidence from the employer's investigation.
- The applicant's history of personal pornography use raised concerns about his judgment and reliability.
Conditions Referenced
- AG ¶ 40(e)appliedUnauthorized Use of Any Information Technology System
- AG ¶ 40(f)appliedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System When Prohibited
- AG ¶ 16(2)appliedAny Disruptive, Violent, or Other Inappropriate Behavior
- AG ¶ 16(3)appliedA Pattern of Dishonesty or Rule Violations
- AG ¶ 16(4)appliedEvidence of Significant Misuse of Government or Other Employer's Time or Resources
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- AG ¶ 14(d)appliedThe Sexual Behavior Is Strictly Private, Consensual, and Discreet
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“Eligibility for a security clearance is denied.”
Procedural Posture
- SOR issuedMar 15, 2021
- Answer filedApr 1, 2021
- Hearing heldJan 20, 2022conducted via video-teleconference
- Decision dateMar 25, 2022
Cite For
- Denial of Security Clearance Due to Inappropriate Use of Company Technology Under Guideline M
- Failure to Mitigate Personal Conduct Issues Under Guideline E
- Consideration of Personal Conduct and Its Impact on Security Clearance Eligibility