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ISCR Case 23-02609 — CASE

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ISCR Case 23-02609

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

Case Profile
Decision Date6/25/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case ISCR Case No. 23-02609) →
Participants
Applicant Representation: Pro Se
Judge: Mark W. Harvey
Government Counsel: Karen A. Moreno-Sayles
Case Summary
The applicant in this case was a 32-year-old Department of Defense contractor employed as an aircraft inspector. The adjudicative guidelines at issue were Guideline E (personal conduct) and Guideline J (criminal conduct). The Statement of Reasons (SOR) outlined concerns related to the applicant's past criminal behavior, including a 2021 arrest for child cruelty and allegations of physical abuse towards her son, as well as potential falsification of information on her security clearance applications.
The applicant denied all allegations in the SOR but admitted to being arrested and charged with child cruelty, for which she received deferred adjudication pending probation. She acknowledged some responsibility for her actions but contested the severity of the allegations, claiming that her son's injuries were not solely due to her actions. The applicant also argued that she misunderstood the reporting requirements for her 2024 security clearance application, asserting that she believed she was not required to disclose her prior arrest due to its dismissal.
The administrative judge ruled that the concerns under Guideline E were refuted, but those under Guideline J were not mitigated. The judge concluded that the applicant's criminal conduct, particularly the nature of the child abuse allegations and her failure to fully disclose this information on her security clearance applications, raised significant doubts about her trustworthiness and reliability. Consequently, the applicant's eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-02609

deniedJun 25, 2025· Hon. Mark W. Harvey· hearing

Summary

A 32-year-old DOD contractor and former Navy member was denied a security clearance due to unmitigated criminal conduct involving child abuse. The applicant faced allegations under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct).

Specifically, the applicant was arrested and charged in August 2021 with cruelty toward a child, involving abuse without great bodily harm. Additionally, in March 2016, the applicant was investigated for assault and battery of an individual under 16 years old, as well as child neglect. The Statement of Reasons also alleged that the applicant falsified material facts on her July 1, 2024 Security Clearance Application in the Police Record section.

While concerns regarding personal conduct were ultimately refuted, the judge found that the criminal conduct allegations were not mitigated. The denial was based on the applicant's criminal conduct involving child abuse, which raised significant security concerns. Furthermore, the applicant's attempts at rehabilitation were deemed insufficient, and the applicant was found not truthful during the hearing, having minimized the abuse of her child.

Why the Applicant Was Denied

The applicant committed criminal conduct involving child abuse, which raised significant security concerns.
The applicant's attempts at rehabilitation were insufficient to mitigate the severity of the criminal conduct.
The applicant was not truthful during the hearing regarding the nature of her actions and minimized the abuse of her child.

Conditions Referenced

Disqualifying

AG ¶ 31(b)appliedCriminal Conduct

Procedural Posture

SOR issuedNov 26, 2024
Answer filedDec 21, 2024
Hearing heldApr 24, 2025
Decision dateJun 25, 2025

Cite For

Denial of Security Clearance Due to Criminal Conduct Under Guideline J
Refutation of Personal Conduct Allegations Under Guideline E
Insufficient Evidence of Rehabilitation in Cases of Child Abuse

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

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant falsified material facts on her July 1, 2024 SCA regarding her police record. The allegation was ruled against the applicant, indicating that the falsification was not mitigated.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified material facts on her July 1, 2024 SCA in Section 22 – Police Record.	For Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on allegations of criminal conduct involving child abuse and neglect. The applicant was arrested and charged with cruelty toward a child in August 2021 and was investigated for assault and battery of a minor in March 2016. The judge concluded that the applicant's conduct was not consistent with national security, resulting in a denial of the security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In about August 2021, Applicant was arrested and charged with cruelty toward child - abuse child without great bodily harm.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Documented Substance Treatment Completed Documented No Subsequent Offenses
1.b	In about March 2016, Applicant was investigated for assault and battery of an individual under 16 years old and child neglect.	Against Applicant	Assault or Battery	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.