ISCR Case 17-01964.h1

Case Headnote

ISCR Case No. 17-01964.h1

grantedJul 25, 2018· Hon. Braden M. Murphy· hearing

Summary

A 58-year-old male applicant with extensive experience in the defense industry was granted a security clearance despite concerns under Guideline E (Personal Conduct). The Statement of Reasons detailed several past issues, including his termination from a large defense contractor in July 2014 following a sexual harassment allegation. He also failed to report cocaine use to his employer's security office and was arrested and charged with misdemeanor domestic assault on or about January 1, 1998. Additionally, the applicant disclosed a 1995 sexual harassment allegation that resulted in a four-month suspension without pay.

Disqualifying conditions related to these incidents were raised, but mitigating conditions were applied. The applicant demonstrated significant remorse, acknowledged his past wrongdoings, and participated in educational programs designed to prevent recurrence of such behavior.

The decision to grant the clearance was based on the applicant's acceptance of responsibility, his participation in relevant educational programs, and the significant passage of time since the most recent incident, which occurred four years prior to the decision. The judge concluded that the applicant's past behavior was unlikely to recur.

Why the Applicant Prevailed

The applicant acknowledged his wrongdoing and accepted the consequences of his behavior.
He participated in appropriate work-related educational programs to prevent recurrence of his past conduct.
The most recent incident occurred four years ago, indicating a significant passage of time since the last occurrence.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
AG ¶ 17(g)appliedAssociation with Persons Involved in Criminal Activities Was Unwitting

Key Rule Quoted

“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedAug 15, 2017
Answer filedSep 12, 2017
Hearing heldApr 24, 2018
Decision dateJul 25, 2018

Cite For

Mitigation of Personal Conduct Under Guideline E
Impact of Time Elapsed on Past Conduct
Importance of Educational Programs in Mitigating Security Concerns

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
1.a	Applicant worked for a large defense contractor from 1980 until July 2014, when he was terminated following an allegation of sexual harassment.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—
1.b	Applicant was terminated following an allegation of sexual harassment.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—
1.c	Applicant failed to report his cocaine use to his employer’s security office, as required.	For Applicant	Failure to Report Required Information	—	Admitted	—	—	—
1.d	On or about January 1, 1998, Applicant was arrested and charged with one count of misdemeanor domestic assault.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—
1.e	During his background interview, Applicant disclosed a previous allegation of sexual harassment, in 1995, and that he had been suspended from work without pay for four months as a result.	For Applicant	Lack of Candor in Interview	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant worked for a large defense contractor from 1980 until July 2014, when he was terminated following an allegation of sexual harassment.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

1.b

Applicant was terminated following an allegation of sexual harassment.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

1.c

Applicant failed to report his cocaine use to his employer’s security office, as required.

For Applicant

Failure to Report Required Information

—

Admitted

—

1.d

On or about January 1, 1998, Applicant was arrested and charged with one count of misdemeanor domestic assault.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

1.e

During his background interview, Applicant disclosed a previous allegation of sexual harassment, in 1995, and that he had been suspended from work without pay for four months as a result.

For Applicant

Lack of Candor in Interview

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

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Case Profile

Summary

Why the Applicant Prevailed

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