Summary
A 56-year-old married man was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), and M (Use of Information Technology). The denial stemmed from several serious allegations, including attending swingers' parties without his wife's knowledge, showing an inappropriate image of himself to a female coworker, and viewing pornography on his work laptop.
Specifically, the applicant's attendance at swingers' parties raised significant security concerns. His act of showing an inappropriate picture to a coworker resulted in a sexual harassment complaint and his subsequent job loss. Furthermore, his use of a work laptop to view pornography was deemed a serious misuse of information technology.
While the applicant presented some evidence of remorse and efforts toward rehabilitation, the judge determined that the recency and gravity of his actions were too significant to mitigate the identified security concerns. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant's conduct included attending swingers' parties without his wife's knowledge, which raised significant security concerns.
- He showed an inappropriate image to a coworker, leading to a sexual harassment complaint and subsequent job loss.
- Viewing pornography on his work laptop demonstrated a serious misuse of information technology.
Conditions Referenced
- AG ¶ 13(c)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
- AG ¶ 13(d)appliedSexual Behavior That Reflects Lack of Discretion or Judgment.
- AG ¶ 16(e)(1)appliedEngaging in Activities Which, If Known, Could Affect the Person’s Personal, Professional, or Community Standing.
- AG ¶ 40(e)appliedUnauthorized Use of Any Information Technology System.
- AG ¶ 14(b)rejectedThe 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.The applicant's behavior was too recent and frequent to apply this mitigating condition.
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Contributed to Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur.The applicant acknowledged his behavior and consulted a psychologist.
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress.The applicant disclosed his past behavior to his wife and sought psychological evaluation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 12, 2022
- Answer filedOct 4, 2022
- Hearing heldJul 18, 2023via video teleconference
- Decision dateDec 20, 2023
Cite For
- Security Concerns Related to Sexual Behavior Under Guideline D
- Personal Conduct Issues Impacting Security Clearance Under Guideline E
- Misuse of Information Technology Affecting Trustworthiness Under Guideline M