Summary
A 71-year-old federal contractor with over 30 years of experience was denied a security clearance under Guidelines D (Sexual Behavior) and E (Personal Conduct). The denial stemmed from allegations that the applicant paid for sexual relations with a woman in the adult industry, identified as Ms. V, on multiple occasions across several states. This conduct raised concerns about the applicant's judgment and reliability.
Specifically, the judge found that the applicant's sexual behavior involved criminal activity, which directly questioned his judgment and discretion. The relationship with Ms. V was recent and frequent, which undermined the applicant's assertion that such conduct was unlikely to recur. Furthermore, the applicant's denials regarding the nature of his relationship with Ms. V were deemed not credible, given his admission to paying for sexual encounters.
Disqualifying conditions under Guideline D and E were raised, while some mitigating conditions were considered. However, the judge ultimately concluded that the applicant's conduct warranted the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's sexual behavior involved criminal activity, raising concerns about his judgment and discretion.
- The applicant's relationship with Ms. V was recent and frequent, undermining claims of it being unlikely to recur.
- The applicant's denials regarding the nature of his relationship with Ms. V were not credible, as he admitted to paying for sexual encounters.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 16(c)raisedCredible Adverse Information Indicating Questionable Judgment
- AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines
- AG ¶ 14(b)rejectedBehavior Unlikely to RecurThe applicant's relationship was recent and frequent.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as Basis for CoercionThe applicant continues to deny the nature of his relationship.
- AG ¶ 14(d)appliedBehavior Is Private, Consensual, and Discreet
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedOct 27, 2016
- Answer filedNov 26, 2016
- Hearing heldOct 15, 2018on remand
- Decision dateNov 28, 2018
Cite For
- Disqualifying Conditions Under Guidelines D and E Due to Sexual Behavior
- Credibility Issues Related to Applicant's Denials
- Application of Mitigating Conditions in Sexual Behavior Cases