Summary
A 54-year-old engineer was denied a security clearance due to a history of sexual misconduct involving minors, criminal conduct, and personal conduct issues, primarily under Guidelines D, E, and J. From June 1985 to October 1997, the applicant admitted to frequently following minor children in his car and masturbating to satisfy sexual desires, with some incidents leading to police reports.
This behavior culminated in a March 1998 criminal complaint for two felony counts of Public Sexual Indecency, which resulted in a misdemeanor conviction for the same offense. The applicant did not seek treatment immediately after his conviction, citing shame and fear of further police contact. He eventually began therapy in 2007.
Despite a favorable therapist prognosis, the applicant failed to demonstrate sufficient positive behavioral changes and did not disclose his past misconduct to his current wife or family, raising concerns about potential blackmail. The long history of misconduct, delayed treatment, and lack of disclosure were key factors in the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's long history of following minors and engaging in public sexual misconduct raised significant security concerns.
- He waited until 2007 to seek treatment, indicating a lack of proactive steps to address his behavior earlier.
- Despite a favorable prognosis from his therapist, the applicant failed to demonstrate sufficient positive changes in behavior and did not disclose his past misconduct to his current wife or family.
Conditions Referenced
- J13raisedSexual Behavior of a Criminal Nature
- J13raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- J13raisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- E16raisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- D14rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness or Good JudgmentThe applicant's sexual misconduct was frequent and occurred over a long period, undermining the argument that it is unlikely to recur.
- D14rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's failure to disclose his past misconduct to significant individuals suggests ongoing vulnerability to coercion.
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue an applicant's access to classified information.”
Procedural Posture
- SOR issuedNov 16, 2006
- Answer filedDec 13, 2006Applicant admitted all paragraph 1 allegations.
- Hearing heldApr 18, 2007Hearing was rescheduled from March 28, 2007.
- Decision dateAug 23, 2007
Cite For
- Security Concerns Related to Long-term Sexual Misconduct Under Guideline D
- Impact of Failure to Disclose Past Misconduct on Security Clearance Eligibility Under Guideline E
- Considerations of Criminal Conduct and Its Implications for Security Clearance Under Guideline J