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ISCR Case 23-02713 — CASE

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ISCR Case 23-02713

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

Case Profile
Decision Date8/18/2025
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Richard A. Cefola
Government Counsel: Tara R. Karoian
Applicant's Counsel: Guy L. Womack
Case Summary
The applicant in this case was a 28-year-old employee of a defense contractor, who had been employed since March 2023. The Department of Defense issued a Statement of Reasons (SOR) alleging security concerns under Guideline D, specifically related to a charge of sexual assault from September 2017, which stemmed from an incident that occurred in May 2016 when the applicant was 19 years old. The applicant maintained his innocence, asserting that the sexual encounter was consensual.
During the proceedings, the applicant admitted to the allegation in the SOR but denied the underlying basis, explaining that he accepted a discharge under other than honorable conditions to avoid a court-martial after being advised of his chances of acquittal. The administrative judge found that the applicant's behavior occurred during his teenage years and that there was no evidence of subsequent similar conduct. The judge also noted the applicant's strong community and workplace reputation, which contributed to the assessment of his character.
Ultimately, the administrative judge ruled in favor of the applicant, concluding that the security concerns related to his past behavior were mitigated. The judge determined that it was consistent with the national interest to grant the applicant eligibility for a security clearance, citing the applicant's maintained innocence and the significant time elapsed since the incident.
Guidelines Evaluated
- Guideline DSexual Behavior · For Applicant
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Case Headnote

ISCR Case No. 23-02713

grantedAug 18, 2025· Hon. Richard A. Cefola· hearing

Summary

This case concerns a 28-year-old defense contractor employee whose security clearance was granted despite allegations under Guideline D (Sexual Behavior). The Statement of Reasons cited a September 2017 charge of sexual assault involving an older, female airman, stemming from an alleged incident in May 2016 when the applicant was 19. The applicant admitted to the charge but consistently maintained that the encounter was consensual.

The administrative judge applied mitigating conditions, noting that the incident occurred over nine years prior when the applicant was a teenager, and there was no evidence of any subsequent similar conduct. The applicant's detailed testimony and the specific circumstances surrounding the incident were found to support mitigation.

Ultimately, the judge concluded that the applicant's behavior mitigated the security concerns raised by the past charge. As a result, the applicant's security clearance was granted.

Why the Applicant Prevailed

The applicant maintained his innocence regarding the underlying facts of the sexual assault charge.
The incident occurred over nine years ago when the applicant was a teenager, and there was no evidence of subsequent similar conduct.
The applicant's detailed testimony and the circumstances surrounding the incident supported a conclusion of mitigation.

Conditions Referenced

Disqualifying

AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature

Mitigating

AG ¶ 14(a)appliedBehavior Occurred Prior to or During Adolescence
AG ¶ 14(b)appliedBehavior Happened so Long Ago or Under Unusual Circumstances

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 27, 2024
Answer filedAug 16, 2024
Hearing heldAug 5, 2025
Decision dateAug 18, 2025

Cite For

Mitigation of Security Concerns Under Guideline D Due to Age and Circumstances of Past Conduct
Consideration of the Whole-person Concept in Security Clearance Decisions
The Importance of Maintaining Innocence in Adjudicative Outcomes

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 D (Sexual Behavior) · descriptive summary of a decided case

Posture: HearingDecided: granted

The Applicant was charged with sexual assault in 2017, stemming from an incident in 2016. Although he admitted to the allegation, he maintained his innocence regarding the underlying basis. The judge found that the Applicant's testimony supported his claim of innocence, leading to a decision to grant eligibility for a security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a	In September of 2017, Applicant was charged with the sexual assault of an older, female airman. The alleged assault occurred in May of 2016, when he was 19-years-old teenager, and more than a year prior to the female airman’s, July 2017, complaint.	For Applicant	Criminal Sexual Conduct	Admitted	—	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren…	Claimed Other

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

Full decision

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