Summary
A 55-year-old married male applicant with an adult child was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from admitted inappropriate sexual conduct with a minor and an extramarital affair with a former foreign exchange student.
Specifically, the Statement of Reasons alleged that the applicant was ineligible due to past sexual behavior with a young foreign exchange student, detailing an extramarital affair in 2008 with an 18-year-old female he had previously hosted. It was also noted that this conduct could negatively impact his personal, professional, and community standing if it became known.
The judge concluded that the applicant's actions raised significant concerns regarding his judgment and trustworthiness. Despite the application of several mitigating conditions, the applicant failed to provide sufficient evidence to overcome the security concerns, leading to the determination that granting a security clearance was not in the national interest.
Why the Applicant Was Denied
- The applicant admitted to inappropriate sexual conduct with a minor and an extramarital affair with a former foreign exchange student.
- The judge found the applicant's behavior raised significant questions about his judgment and trustworthiness.
- The applicant failed to provide sufficient evidence to mitigate the security concerns raised by his conduct.
Conditions Referenced
- AG ¶ 13(c)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- AG ¶ 13(d)appliedSexual Behavior of a Public Nature or That Reflects Lack of Discretion or Judgment
- AG ¶ 16(e)(1)appliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to RecurThe overall pattern of the applicant's behavior makes it difficult to conclude that other misconduct would be unlikely to recur.
- AG ¶ 14(c)rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's denial of misconduct was not credible, and the evidence indicated potential for coercion.
- AG ¶ 14(d)rejectedThe Sexual Behavior Is Strictly Private, Consensual, and DiscreetThe applicant's conduct with the minor was not consensual and included public elements.
- AG ¶ 17(c)rejectedThe 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 RecurThe repeated nature of the misconduct does not permit a conclusion that similar misconduct is unlikely to recur.
- AG ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained CounselingThe applicant has not fully acknowledged his misconduct and has not obtained counseling.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedFeb 6, 2023
- Answer filedMar 1, 2023
- Hearing heldJul 19, 2023via video teleconference
- Decision dateOct 20, 2023
Cite For
- Denial of Security Clearance Due to Inappropriate Sexual Conduct with a Minor
- Impact of Personal Conduct on National Security Eligibility
- Judgment and Trustworthiness Concerns Under Guidelines D and E