Summary
A 53-year-old security program manager was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from serious allegations of sexual abuse involving his stepdaughters, as well as multiple instances of falsifying information on security clearance applications.
Specifically, the applicant was arrested and indicted on multiple counts of engaging or attempting to engage in sexual contact with his stepdaughters. He was charged with four counts of sexual contacts or acts against one stepdaughter when she was between 12 and 16 years old, and against another. The administrative judge found the applicant's denials of these allegations not credible, citing evidence including testimonies and prior admissions.
Further concerns arose from the applicant's repeated falsification of security clearance applications. He failed to disclose a resignation under unfavorable circumstances and two work misconduct suspensions (two-day and fourteen-day) on his 2011 and 2013 applications. Additionally, on his August 2019 application, he falsely stated he left a position due to completing a two-year detail, rather than after allegations of misconduct. These actions collectively led to the denial of his security clearance, as the administrative judge concluded the applicant did not mitigate the security concerns.
Why the Applicant Was Denied
- The applicant was indicted on multiple counts of sexual misconduct involving his stepdaughters, raising significant concerns about his reliability and trustworthiness.
- The applicant's denials of the allegations were deemed not credible in light of the evidence presented, including testimonies and prior admissions.
- The applicant provided false or misleading information on multiple security clearance applications, further undermining his trustworthiness.
Conditions Referenced
- AG ¶ 12raisedSexual Behavior
- AG ¶ 30raisedCriminal Conduct
- AG ¶ 15raisedPersonal Conduct
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 11, 2022
- Answer filedSep 9, 2022
- Hearing heldApr 5, 2023
- Decision dateMay 31, 2023
Cite For
- Serious Allegations of Sexual Misconduct Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Issues of Personal Conduct and Falsification of Information Under Guideline E