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ISCR Case 23-00178 — CASE

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ISCR Case 23-00178

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date2/27/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Edward W. Loughran
Government Counsel: Andrew H. Henderson
Applicant's Counsel: Samir Nakhleh
Case Summary
The applicant in this case was a 52-year-old employee of a defense contractor who had held a security clearance since approximately 1997, which was suspended in December 2019. The Department of Defense issued a Statement of Reasons citing security concerns under Guidelines D (sexual behavior), E (personal conduct), H (drug involvement and substance misuse), and I (psychological conditions). The core allegations included a history of high-risk sexual encounters, sexual assaults against his then-wife, and illegal drug use, including methamphetamine and marijuana.
The applicant admitted to engaging in indiscriminate sexual behavior and acknowledged the sexual assaults, attributing them to undiagnosed bipolar disorder and improper medication. He also admitted to using methamphetamine and marijuana, although he claimed to have stopped using both substances by April 2023. He provided evidence of treatment for his mental health issues and claimed to have gained control over his sexual behaviors, stating he had been monogamous since October 2023. However, he had previously provided false information regarding his drug use on security clearance applications.
The administrative judge ruled against the applicant, concluding that he did not sufficiently mitigate the security concerns. The judge noted the severity of the applicant's past behavior, including the sexual assaults and ongoing drug use, and found that despite recent improvements, the applicant's history raised significant doubts about his reliability and trustworthiness. Consequently, the applicant's eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline DSexual Behavior · Against Applicant
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline IPsychological Conditions · Against Applicant
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Case Headnote

ISCR Case No. 23-00178

deniedFeb 27, 2024· Hon. Edward W. Loughran· hearing

Summary

A 52-year-old defense contractor was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), H (Drug Involvement), and I (Psychological Conditions). The denial stemmed from a history of high-risk sexual behavior, including sexual assault against his then-wife, and providing false information about illegal drug use on multiple occasions.

Disqualifying conditions cited included AG ¶ 16(a), AG ¶ 16(b), AG ¶ 16(e) for sexual behavior; AG ¶ 25(a), AG ¶ 25(c) for personal conduct; AG ¶ 28(b) for drug involvement; and AG ¶ 12(a), AG ¶ 12(b), AG ¶ 12(c) for psychological conditions.

Despite the applicant undergoing treatment for psychological conditions, the judge found significant doubts regarding his reliability and trustworthiness. The problematic conduct spanned over three decades, leading to the ultimate denial of the security clearance.

Why the Applicant Was Denied

The applicant engaged in high-risk sexual behavior, including sexual assault against his then-wife.
The applicant provided false information regarding illegal drug use on multiple occasions.
The applicant's history of problematic conduct spanned over three decades, raising doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 28(b)raisedOpinion by a Qualified Mental Health Professional
AG ¶ 12(a)raisedSexual Behavior of a Criminal Nature
AG ¶ 12(b)raisedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
AG ¶ 12(c)raisedSexual Behavior Creating Vulnerability to Coercion

Procedural Posture

SOR issuedJun 6, 2023
Answer filedJul 16, 2023Requested decision based on written record.
Hearing heldJan 18, 2024
Decision dateFeb 27, 2024

Cite For

Denial of Security Clearance Due to High-risk Sexual Behavior Under Guideline D
False Information Provided During Security Clearance Process Under Guideline E
Long History of Substance Misuse Impacting Reliability Under Guideline H.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

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