Summary
A 27-year-old defense contractor employee was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant exhibited compulsive sexual behavior, including an obsession with pornography and masturbation. He viewed pornography and masturbated at his workplace, in the men’s restroom on approximately five occasions, and in other inappropriate and public places. He also stimulated himself over his clothes and accessed pornographic websites, including through "web-spoofing" and by obtaining passwords. On two occasions, he inadvertently downloaded what appeared to be child pornography.
Additionally, the applicant had been denied a Top Secret clearance by another government agency in approximately September 2005. While he sought counseling for his issues, including religious-based counseling, and claimed to be cured of his "addiction," these efforts were deemed insufficient to mitigate the security concerns.
The denial was based on the applicant's failure to demonstrate sufficient rehabilitation and an unequivocal commitment to avoiding future inappropriate behavior. His compulsive sexual conduct, coupled with the prior clearance denial, led to the determination that the security concerns were not adequately resolved.
Why the Applicant Was Denied
- Applicant's sexual behavior included viewing pornography and masturbating at work, which raised significant security concerns.
- Counseling received by the applicant did not sufficiently mitigate the concerns regarding his sexual behavior.
- The applicant's failure to unequivocally commit to avoiding inappropriate behavior in the future contributed to the denial.
Conditions Referenced
- SB DC 13(b)appliedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- SB DC 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- SB DC 13(d)appliedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- PC DC 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- PC DC 16(d)appliedCredible Adverse Information That Supports a Whole-person Assessment of Questionable Judgment
- PC DC 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- SB MC 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- PC MC 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- PC MC 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
- PC MC 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his or her security clearance.”
Procedural Posture
- SOR issuedMar 15, 2007
- Answer filedUndated
- Hearing heldJun 28, 2007
- Decision dateJul 20, 2007
Cite For
- Security Concerns Related to Compulsive Sexual Behavior Under Guideline D
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Importance of Demonstrating Rehabilitation in Security Clearance Cases.