Summary
The applicant, a 35-year-old male with a history of military service and employment with DOD contractors, faced security concerns under Guideline D (sexual behavior) and Guideline E (personal conduct) due to substantiated allegations of sexual harassment from 2019. Despite these allegations, the applicant demonstrated remorse, had no prior incidents, and the judge concluded that granting eligibility for a security clearance was consistent with national interest.
Under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant was accused of sexual harassment for incidents that occurred in May 2019, and he was barred from access to the job site and certain military installations indefinitely because of the substantiated allegations (1.a). Applicant was terminated from employment in approximately September 2019 due to substantiated allegations of sexual harassment, and he is not eligible for rehire (2.a). Applicant failed to disclose information regarding his termination in his security clearance application (2.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 13(d), AG ¶ 16(e)(1). The judge applied mitigating conditions AG ¶ 14(b), AG ¶ 17(c), AG ¶ 17(e). The decision turned on the following: The applicant expressed remorse for his past actions and demonstrated that he learned from the incident; There were no prior incidents of misconduct, and the applicant has maintained a clean record since the allegations; The sexual harassment incident was isolated and occurred over four years ago, making it unlikely to recur.
Why the Applicant Prevailed
- The applicant expressed remorse for his past actions and demonstrated that he learned from the incident.
- There were no prior incidents of misconduct, and the applicant has maintained a clean record since the allegations.
- The sexual harassment incident was isolated and occurred over four years ago, making it unlikely to recur.
Conditions Referenced
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature or That Reflects Lack of Discretion or Judgment.
- AG ¶ 16(e)(1)raisedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress.
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Judgment.
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment.
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 26, 2022
- Answer filedMay 17, 2022
- Hearing heldJun 20, 2023via video teleconference
- Decision dateDec 1, 2023
Cite For
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Mitigation of Personal Conduct Concerns Under Guideline E
- Consideration of Remorse and Absence of Prior Incidents in Security Clearance Decisions