Summary
A 32-year-old senior cyber security engineer was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from his engagement in sexual activity with a 15-year-old, which led to a felony charge and a subsequent guilty plea to a misdemeanor-level offense. The applicant is currently on probation for this crime.
The Statement of Reasons detailed that the applicant engaged in sodomy with a 15-year-old child, resulting in the aforementioned conviction and ongoing probation. Disqualifying conditions were raised under AG ¶ 31(a), (c), (d), AG ¶ 13(a), (d), and AG ¶ 16(c), (d).
Despite the application of mitigating conditions, including AG ¶ 32(a), (b), (c), (d), and AG ¶ 14(a), (b), (c), (d), the judge determined these were insufficient. The denial was based on the serious nature of the criminal offense, the applicant's ongoing probation, and the finding that mitigating factors did not adequately address the severity of his actions. The security clearance was DENIED.
Why the applicant was denied
- The applicant engaged in sexual conduct with a minor, which is a serious criminal offense.
- The applicant is currently on probation for his offense, indicating ongoing legal consequences.
- The judge found that mitigating factors did not sufficiently address the severity of the applicant's actions.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 31(d)raisedCurrently on Probation
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)raisedLack of Discretion or Judgment in Sexual Behavior
- AG ¶ 16(c)raisedCredible Adverse Information in Several Areas
- AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe offense is relatively recent and the applicant is still on probation.
- AG ¶ 32(b)rejectedCoercion or Pressure Into Committing the Act
- AG ¶ 32(c)rejectedEvidence That the Person Did Not Commit the Offense
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationWhile there are some mitigating factors, they do not fully apply to the severity of the offense.
- AG ¶ 14(a)rejectedBehavior Occurred During Adolescence
- AG ¶ 14(b)rejectedBehavior Happened so Long Ago or Under Unusual Circumstances
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for Coercion
- AG ¶ 14(d)rejectedSexual Behavior Is Private, Consensual, and Discreet
Key rule quoted
“Eligibility for a security clearance is predicated upon meeting the criteria contained in the adjudicative guidelines (AG).”
Procedural posture
- SOR issuedMar 2, 2016
- Answer filedApr 21, 2016
- Hearing heldSep 22, 2016
- Decision dateOct 3, 2016
Cite for
- Seriousness of Criminal Conduct Under Guideline J
- Impact of Sexual Behavior on Security Clearance Under Guideline D
- Consideration of Personal Conduct in Security Clearance Determinations Under Guideline E