Summary
A 40-year-old former police officer was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from allegations that the applicant engaged in sexual intercourse with prostitutes, both while on-duty and in uniform, and while off-duty. This conduct was deemed criminal and raised significant concerns regarding the applicant's judgment, trustworthiness, and vulnerability to exploitation and coercion, particularly given his position as a law enforcement officer.
The Statement of Reasons specifically cited the applicant's engagement in sexual acts with prostitutes while serving as a police officer, noting that this behavior occurred both on and off duty. This conduct was highlighted as reflecting a lack of judgment and making him susceptible to exploitation.
Ultimately, the judge found that the applicant's actions, which included criminal conduct in public while on duty, demonstrated a profound lack of judgment and trustworthiness. The applicant failed to present sufficient evidence of rehabilitation or other mitigating circumstances to overcome these security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant engaged in sexual intercourse with prostitutes while on-duty as a police officer, demonstrating a lack of judgment and trustworthiness.
- The applicant's conduct was criminal and occurred in public, raising concerns about his vulnerability to coercion and exploitation.
- The applicant failed to demonstrate rehabilitation or mitigating circumstances that would alleviate the security concerns.
Conditions Referenced
- E2.araisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress.
- E2.graisedAssociation with Persons Involved in Criminal Activity.
- D2.araisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
- D2.craisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
- D2.draisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment.
- E3.crejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment.The applicant's conduct was serious and occurred while he was a police officer.
- E3.drejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur.There is no evidence that the applicant sought counseling or took steps to mitigate his behavior.
- E3.erejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress.The applicant did not demonstrate any steps taken to mitigate vulnerabilities.
- D3.arejectedThe Behavior Occurred Prior to or During Adolescence and There Is No Evidence of Subsequent Conduct of a Similar Nature.The applicant was an adult at the time of the conduct.
- D3.brejectedThe 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 Judgment.The conduct occurred over a six-month period and involved multiple instances.
- D3.crejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress.The applicant's past conduct raises ongoing concerns about his vulnerability.
- D3.drejectedThe Sexual Behavior Is Strictly Private, Consensual, and Discreet.The applicant's conduct was public and involved criminal activity.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 29, 2014
- Answer filedOct 6, 2014
- Hearing heldFeb 9, 2015
- Decision dateFeb 25, 2015
Cite For
- Security Concerns Under Guideline D and E Due to Criminal Sexual Behavior
- Lack of Mitigating Circumstances for Personal Conduct
- Impact of Public Misconduct on Trustworthiness as a Law Enforcement Officer