ISCR Case 16-02502.h1

Case Headnote

ISCR Case No. 16-02502.h1

deniedMar 27, 2018· Hon. Robert J. Tuider· hearing

Summary

A 28-year-old janitorial custodian for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from multiple assault-related arrests and a recent conviction, which raised doubts about her judgment and reliability, despite evidence of positive employment performance and efforts at rehabilitation.

Specifically, the applicant was charged with reckless endangerment in 2009 after an incident involving her cousin, though she was found not guilty. In 2012, she and her boyfriend were arrested for domestic violence assault, but the case was later dismissed. Most recently, in 2014, she was involved in a physical altercation with her stepsister, resulting in her stepsister's broken nose. In May 2017, the applicant pled guilty to amended harassment, receiving a suspended 30-day sentence, two years of probation, and various fines and fees. She also agreed to pay her stepsister approximately $11,000 for medical bills.

The denial was based on the repetitive nature of her criminal conduct, including three separate assault-related arrests and a recent conviction, which did not support a finding of rehabilitation or mitigation. Her current probationary status further indicated ongoing issues with compliance and behavior.

Why the Applicant Was Denied

The applicant had three separate assault-related arrests and a recent conviction, which raised significant concerns about her judgment and reliability.
The applicant is currently on probation, indicating ongoing issues with compliance and behavior.
The repetitive nature of the applicant's criminal conduct did not support a finding of rehabilitation or mitigation.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(c)raisedCurrently on Parole or Probation
AG ¶ 16(d)raisedCredible Adverse Information

Mitigating

AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant has complied with probation requirements and demonstrated remorse.
AG ¶ 17(d)rejectedAcknowledgment of Behavior and Positive Steps TakenThe applicant's current probation status and the repetitive nature of offenses preclude full application.
AG ¶ 17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant's ongoing probation and past conduct do not support a finding of reduced vulnerability.

Key Rule Quoted

“"Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines."”
— Department of Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedDec 21, 2016
Answer filed—
Hearing heldJun 15, 2017
Decision dateMar 27, 2018

Cite For

Denial Based on Multiple Criminal Conduct Incidents Under Guideline J
Impact of Current Probation Status on Security Clearance Eligibility
Evaluation of Personal Conduct Under Guideline E in Light of Past Behavior

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In September 2009, Applicant was driving accompanied by a female friend when her friend saw Applicant’s cousin driving the car ahead of them. Her friend instructed Applicant to cut her cousin off and stop her car so her friend could fight her cousin. Applicant refused and passed her cousin’s car while her friend “shouted abuse” at her cousin until her car was out of sight. A few days later, Applicant was pulled over by the police and informed that her cousin had filed a police report regarding the incident. Applicant was taken into custody and charged with reckless endangerment. During her December 2015 OPM PSI, she stated that she was driving the car. However, during her hearing, Applicant testified that her friend was driving the car and not her. In any event, in December 2009, Applicant went to trial and was found not guilty.	Against Applicant	Unspecified Criminal Conduct	Acquitted or Found Not Guilty	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In May 2012, Applicant was pregnant and living with her boyfriend and father of her oldest child. She testified that her boyfriend was intoxicated, became irate, hit her, and she hit him back to defend herself. Applicant then called the police. Both she and her boyfriend were arrested and charged with domestic violence assault. Applicant and her boyfriend both refused to press charges against each other. In July 2012, the prosecuting attorney moved that the case be nolle prosequi as there was “no victim.”	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In September 2014, Applicant and her stepsister were involved in a physical altercation at the home of Applicant’s mother. Their relationship had deteriorated following the divorce of her parents over a number of issues. Applicant testified that her stepsister started the altercation by pulling her hair. The two of them ended up fighting using closed fists. Applicant broke her stepsister’s nose. Applicant’s stepsister claimed that she “chipped her tooth of a bridge with six teeth with no busted lip.” Her stepsister filed a police report that led to Applicant being arrested for third degree assault. The district attorney noted in his pleadings that Applicant broke her stepsister’s nose and injured her jaw. In May 2017, Applicant pled guilty to amended harassment and was sentenced to 30 days imprisonment, suspended for two years, placed on probation for two years, ordered to pay a $25 fine, $25 to the victim’s compensation fund, court costs as assessed by the court clerk, and assessed a bail bond fee of $100. Applicant also agreed to pay her stepsister about $11,000 at the rate of $500 a month to compensate her for medical bills. Applicant disputes the amount of damages claimed by her stepsister adding that she accepts responsibility for breaking her nose, but not damaging her teeth.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In September 2009, Applicant was driving accompanied by a female friend when her friend saw Applicant’s cousin driving the car ahead of them. Her friend instructed Applicant to cut her cousin off and stop her car so her friend could fight her cousin. Applicant refused and passed her cousin’s car while her friend “shouted abuse” at her cousin until her car was out of sight. A few days later, Applicant was pulled over by the police and informed that her cousin had filed a police report regarding the incident. Applicant was taken into custody and charged with reckless endangerment. During her December 2015 OPM PSI, she stated that she was driving the car. However, during her hearing, Applicant testified that her friend was driving the car and not her. In any event, in December 2009, Applicant went to trial and was found not guilty.

Against Applicant

Unspecified Criminal Conduct

Acquitted or Found Not Guilty

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

In May 2012, Applicant was pregnant and living with her boyfriend and father of her oldest child. She testified that her boyfriend was intoxicated, became irate, hit her, and she hit him back to defend herself. Applicant then called the police. Both she and her boyfriend were arrested and charged with domestic violence assault. Applicant and her boyfriend both refused to press charges against each other. In July 2012, the prosecuting attorney moved that the case be nolle prosequi as there was “no victim.”

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

In September 2014, Applicant and her stepsister were involved in a physical altercation at the home of Applicant’s mother. Their relationship had deteriorated following the divorce of her parents over a number of issues. Applicant testified that her stepsister started the altercation by pulling her hair. The two of them ended up fighting using closed fists. Applicant broke her stepsister’s nose. Applicant’s stepsister claimed that she “chipped her tooth of a bridge with six teeth with no busted lip.” Her stepsister filed a police report that led to Applicant being arrested for third degree assault. The district attorney noted in his pleadings that Applicant broke her stepsister’s nose and injured her jaw. In May 2017, Applicant pled guilty to amended harassment and was sentenced to 30 days imprisonment, suspended for two years, placed on probation for two years, ordered to pay a $25 fine, $25 to the victim’s compensation fund, court costs as assessed by the court clerk, and assessed a bail bond fee of $100. Applicant also agreed to pay her stepsister about $11,000 at the rate of $500 a month to compensate her for medical bills. Applicant disputes the amount of damages claimed by her stepsister adding that she accepts responsibility for breaking her nose, but not damaging her teeth.

Against Applicant

Assault or Battery

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES