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ISCR Case 24-00468 — CASE

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ISCR Case 24-00468

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

Case Profile
Decision Date2/25/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case ISCR Case No. 24-00468) →
Participants
Applicant Representation: Pro Se
Judge: Jennifer I. Goldstein
Government Counsel: William H. Miller
Case Summary
The applicant in this case was a 52-year-old individual who had been employed as an adjunct professor and research scientist for a government contractor since 2019. He sought a security clearance but faced allegations under Guidelines H (Drug Involvement and Substance Misuse), J (Criminal Conduct), and E (Personal Conduct). The Statement of Reasons (SOR) indicated that the applicant had a history of marijuana use from 1991 to at least April 2022, including use while holding a sensitive position, and had been arrested for disorderly conduct and battery in 2013, as well as assault on a female in 2022. Additionally, he was accused of falsifying his security clearance application regarding his drug use.
During the proceedings, the applicant admitted to several allegations, including his marijuana use and the assault charge, while denying the disorderly conduct charge. He provided explanations for his actions, claiming that his marijuana use was infrequent and that he did not consider himself a regular user. He also expressed intentions to abstain from drug use moving forward. However, the administrative judge found that the applicant did not sufficiently mitigate the security concerns raised by his history of drug use and criminal conduct.
Ultimately, the administrative judge ruled against the applicant, denying his eligibility for access to classified information. The judge concluded that the applicant's admissions and explanations did not adequately address the concerns regarding his reliability and trustworthiness, which are critical for holding a security clearance. The decision emphasized the importance of maintaining national security and the high level of trust required for individuals with access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
Similar decisions
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Case Headnote

ISCR Case No. 24-00468

deniedFeb 25, 2025· Hon. Jennifer I. Goldstein· hearing

Summary

A 52-year-old adjunct professor and research scientist was denied a security clearance under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from several issues, including a history of marijuana use, particularly while holding a sensitive position, and multiple criminal incidents.

Specifically, the applicant admitted to using marijuana from 1991 to at least April 2022, with use between December 2021 and April 2022 occurring in a sensitive role. He also faced arrests for Disorderly Conduct and Battery in January 2013, and for Assault on a Female in July 2022. Furthermore, the applicant was found to have falsified his response regarding marijuana use on his security clearance application.

The judge determined that the applicant's credibility was questionable due to inconsistencies in his statements concerning drug use and criminal history. His continued association with marijuana users further undermined his claims of rehabilitation, leading to the conclusion that he failed to mitigate the security concerns.

Why the Applicant Was Denied

The applicant admitted to using marijuana while holding a sensitive position.
The applicant has a history of criminal conduct, including arrests for disorderly conduct and assault.
The judge found the applicant's credibility questionable due to inconsistencies in his statements regarding drug use and criminal history.
The applicant continued to associate with marijuana users, undermining claims of rehabilitation.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Sensitive Position
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 16(a)raisedFalsification of Relevant Facts

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— ISCR Case No. 01-20700 at 3 (App. Bd. Dec. 19, 2002)

Procedural Posture

SOR issuedMar 19, 2024
Answer filedApr 11, 2024
Hearing heldFeb 5, 2025via Microsoft Teams
Decision dateFeb 25, 2025

Cite For

Denial of Clearance Due to Drug Involvement While Holding a Sensitive Position
Impact of Criminal Conduct on Security Clearance Eligibility
Credibility Issues Affecting Mitigation of Security Concerns

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 against the applicant on the personal conduct allegation regarding falsification of his security clearance application. The applicant admitted to falsifying his response about marijuana use, which was deemed inconsistent with national security interests.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant falsified his response to Section 23 on his SCA with respect to his marijuana use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (f) violation of a written commitment made as a condition of employment	—	—

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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant used marijuana from 1991 to at least April 2022, with use occurring while holding a sensitive position from December 2021 to April 2022. The decision was denied based on the applicant's long history of drug use and the fact that this use occurred while he had access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from 1991 to at least April 2022.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b	Applicant's marijuana use from about December 2021 to April 2022 was while holding a sensitive position.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (f) any illegal drug use while holding a clearance or sensitive position	—	—

Descriptive standardized rendering of a decided public case (Guideline H). 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 all allegations related to criminal conduct. The applicant was arrested in January 2013 for Disorderly Conduct and Battery, and again in July 2022 for Assault on a Female. The judge concluded that the applicant's conduct was not consistent with the national security interests of the United States.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested in January 2013 for Disorderly Conduct and Battery.	Against Applicant	Assault or Battery	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	Applicant was arrested in July 2022 for Assault on a Female.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

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.