Summary
A 48-year-old defense contractor employee was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct) due to a pattern of alleged nonconsensual sexual encounters and related criminal charges.
The Statement of Reasons detailed several incidents. In February 2011, the applicant allegedly had nonconsensual sex with a woman he met online, who reported him in 2014. Between September 2018 and December 2020, he reportedly exchanged money or items of value for sexual relations with various women met through a dating website. A December 2019 incident involved alleged nonconsensual sex with another online acquaintance, who reported that he verbally threatened her while displaying gun magazines, leading to his arrest and charges for kidnapping and sexual assault. Additionally, in November 2020, a woman he previously met online reported that he had nonconsensual sex with her in or around November 2017 while she was incapacitated.
The administrative judge determined that the applicant failed to mitigate concerns regarding his sexual behavior and criminal conduct. The multiple allegations of nonconsensual sexual encounters were considered serious, raising significant questions about his judgment and reliability, ultimately leading to the denial of his eligibility for access to classified information.
Why the applicant was denied
- The applicant did not mitigate concerns regarding his sexual behavior and criminal conduct.
- The applicant's pattern of sexual encounters raised questions about his judgment and reliability.
- Multiple allegations of nonconsensual sexual encounters were deemed serious enough to deny clearance.
Conditions referenced
- DC ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- DC ¶ 13(b)appliedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- DC ¶ 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- DC ¶ 13(d)appliedSexual Behavior of a Public Nature or That Reflects Lack of Discretion or Judgment
- DC ¶ 31(a)appliedPattern of Minor Offenses
- DC ¶ 31(b)appliedEvidence of Criminal Conduct
Key rule quoted
“Eligibility for access to classified information may only be granted upon a finding that it is clearly consistent with the national interest to do so.”
Procedural posture
- SOR issuedDec 22, 2021
- Answer filedMar 22, 2022
- Hearing heldDec 1, 2022
- Decision dateMar 31, 2023
Cite for
- Denial of Security Clearance Based on Sexual Behavior Allegations
- Impact of Criminal Conduct on Security Clearance Eligibility
- Evaluation of Applicant's Judgment and Reliability in Security Clearance Cases