Summary
A 39-year-old strength and fitness coach was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of criminal offenses and violations of professional conduct. The applicant's criminal history included a June 2011 arrest for driving while intoxicated, resulting in a conviction for reckless operation of a vehicle, and a May 2012 conviction for misdemeanor telecommunications harassment.
Additionally, in May 2013, while employed as a college staff member, the applicant engaged in a romantic relationship with a student client, violating college policy and leading to his termination. The applicant's failure to disclose this material fact on a security questionnaire raised further concerns under Personal Conduct.
The judge determined that the applicant's multiple criminal convictions and the violation of college policy demonstrated a lack of judgment and reliability. The applicant's claims of reform and the absence of more recent offenses were deemed insufficient to mitigate the concerns raised by the nature and recency of his past conduct, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had multiple criminal convictions, including DUI and telecommunications harassment, which raised doubts about his judgment and reliability.
- The applicant's admission of a romantic relationship with a student violated college policy, further indicating a lack of compliance with rules and regulations.
- The applicant's claims of rehabilitation were deemed insufficient given the recency and nature of his offenses.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct
- AG ¶ 16(c)raisedPersonal Conduct - Credible Adverse Information in Several Adjudicative Areas
- AG ¶ 16(d)raisedPersonal Conduct - Credible Adverse Information Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(a)raisedPersonal Conduct - Deliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 32(a)rejectedCriminal Conduct - Time Elapsed Since the Criminal BehaviorThe applicant's offenses were recent and not unusual, indicating a likelihood of recurrence.
- AG ¶ 32(d)rejectedCriminal Conduct - Evidence of Successful RehabilitationThree years without further incidents was insufficient to demonstrate successful rehabilitation.
- AG ¶ 17(a)rejectedPersonal Conduct - Prompt, Good-faith Efforts to Correct the OmissionThe applicant's omission was not deemed deliberate, but the overall pattern of conduct raised concerns.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJun 13, 2014
- Answer filedJul 2, 2014
- Hearing held—Decided on the written record.
- Decision dateAug 19, 2016
Cite For
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Impact of Personal Conduct Violations on Security Clearance Eligibility Under Guideline E
- Insufficient Evidence of Rehabilitation in the Context of Recent Criminal Behavior