Summary
A 32-year-old former police officer was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of misconduct during his employment. The allegations included receiving written counseling in September 2015 for causing an on-duty accident, and disciplinary counseling in 2016 for disregarding orders and abandoning his duty location. He also received a code of conduct violation for disregarding dress standards.
Further incidents included using improper defensive tactics on May 5, 2020, resulting in an injury, and using excessive force during an arrest on May 23, 2020, by pointing his service handgun at an unintended target. In September 2021, he received an unpaid 15-day suspension for inappropriate behavior with a female employee and using his mobile phone while on duty. He ultimately resigned in October 2022 in lieu of termination for unprofessional conduct.
Despite admitting to the allegations and completing anger management classes, the applicant failed to provide sufficient evidence to mitigate the security concerns. The adjudicator found that the pattern of rule violations raised significant concerns about his reliability and trustworthiness, and he did not demonstrate that his inappropriate behavior was unlikely to recur. Consequently, his eligibility for access to classified information was denied.
Why the Applicant Was Denied
- The applicant admitted to multiple instances of misconduct during his employment as a police officer.
- He failed to demonstrate that his inappropriate behavior is unlikely to recur despite completing anger management classes.
- The pattern of rule violations raised significant concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(d)appliedCredible Adverse InformationThe applicant's pattern of rule violations demonstrates untrustworthy and unreliable behavior.
- AG ¶ 17(c)rejectedMinor Offense or Unique CircumstancesThe applicant's conduct was not minor and occurred relatively recently.
- AG ¶ 17(d)rejectedAcknowledgment and CounselingWhile the applicant completed anger management, he did not show that his behavior is unlikely to recur.
Key Rule Quoted
“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedApr 16, 2024
- Answer filedApr 22, 2024
- Hearing held—Applicant requested a decision without a hearing.
- Decision dateOct 11, 2024
Cite For
- Denial of Security Clearance Based on Personal Conduct Under Guideline E
- Importance of Demonstrating Reliability and Trustworthiness for Security Clearance
- Impact of a Pattern of Misconduct on Security Clearance Eligibility