Summary
A 46-year-old defense contractor was denied a security clearance under Guideline D (Sexual Behavior) due to admitted sexual misconduct. The Statement of Reasons detailed two primary allegations: first, that in or about July 2022, the applicant paid for and engaged in sexual acts at a massage parlor in his state of residence, an act constituting a criminal offense under state law. Second, in or around Spring/Summer 2021, he exposed his genitalia and simulated sexual intercourse while at his place of employment, inside a national security agency building.
These actions raised disqualifying conditions related to criminal conduct, a pattern of poor judgment, and a disregard for security regulations. While the mitigating condition of the conduct being an isolated incident was considered, it was not sufficient to overcome the security concerns.
The judge ultimately determined that the applicant failed to provide adequate evidence of rehabilitation or improved judgment following these incidents. Consequently, the applicant was denied eligibility for access to classified information.
Why the Applicant Was Denied
- The applicant admitted to engaging in sexual acts at a massage parlor, which constituted a criminal offense under state law.
- The applicant simulated sexual intercourse in a government building, reflecting poor judgment and discretion.
- The applicant failed to provide sufficient evidence of rehabilitation or good judgment after his misconduct.
Conditions Referenced
- DC ¶ 13(a)raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- DC ¶ 13(b)raisedA Pattern of Compulsive, Self-destructive, or High-risk Sexual Behavior That the Individual Is Unable to Stop
- DC ¶ 13(c)raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- DC ¶ 13(d)raisedSexual Behavior of a Public Nature or That Reflects Lack of Discretion or Judgment
- MC ¶ 14(c)rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's recent history of sexual misconduct was too serious to warrant application of mitigating conditions.
Key Rule Quoted
“Eligibility for access to classified information may only be granted "upon a finding that it is clearly consistent with the national interest to do so."”
Procedural Posture
- SOR issuedOct 1, 2024
- Answer filedNov 26, 2024Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held; decision made on the written record.
- Decision dateSep 26, 2025
Cite For
- Denial of Security Clearance Due to Sexual Misconduct Under Guideline D
- Insufficient Evidence of Rehabilitation After Sexual Behavior Incidents
- Poor Judgment and Discretion Reflected in Public Sexual Behavior