Summary
A 50-year-old engineering manager was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from his history of sexually molesting his two daughters between 2000 and 2003. He was convicted on a guilty plea of two misdemeanor charges related to these actions.
The applicant admitted to sexually molesting his daughters multiple times while they were sleeping. The incidents involved fondling and digital penetration of the younger daughter. The older daughter, then 12, was molested at least 12 times between 2000 and 2001, while the younger daughter, then 10, was molested at least 48 times between 2001 and 2003. The applicant ceased his actions when the girls awoke.
Despite completing a sexual offender treatment program, the judge found insufficient evidence of rehabilitation. The applicant's behavior was deemed a pattern of compulsive and high-risk sexual behavior, raising significant security concerns regarding his judgment and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to sexually molesting his daughters multiple times over a three-year period, which constitutes serious criminal conduct.
- The applicant's behavior demonstrated a pattern of compulsive and high-risk sexual behavior, raising significant security concerns.
- The applicant's completion of a treatment program was deemed insufficient to mitigate the serious nature of his past actions.
Conditions Referenced
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)appliedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)appliedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 31(a)appliedSingle Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAdmission of Criminal Conduct
- AG ¶ 31(d)appliedCurrently on Parole or Probation
- AG ¶ 14(b)rejectedSexual Behavior Happened so Long Ago or Under Unusual CircumstancesThe applicant's misconduct was not infrequent and occurred multiple times over a three-year period.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's completion of treatment was insufficient to demonstrate successful rehabilitation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 29, 2009
- Answer filedNov 17, 2009
- Hearing heldFeb 22, 2010
- Decision dateApr 16, 2010
Cite For
- Seriousness of Sexual Misconduct Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Insufficient Evidence of Rehabilitation in Cases of Sexual Offenses