Summary
A 29-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology). The applicant engaged in multiple instances of nonconsensual sexual behavior, including taking and saving semi-nude photos of two girlfriends while they were sleeping in 2007, 2008, and 2009. He also had nonconsensual sexual relations with a girlfriend in 2009 and recorded two women showering without their knowledge or consent using his laptop. Additionally, he had sexual relations with a girlfriend in public in a foreign country.
Under Guideline M, the applicant used a key logger on his computer to access two girlfriends’ email and social media accounts without their consent. For Guideline E, he withheld and deliberately failed to provide truthful information during an initial polygraph examination and interview in 2009.
The judge found that the applicant failed to mitigate these concerns. The denial was based on his pattern of nonconsensual sexual behavior, unauthorized access to personal information via key logger software, and a demonstrated pattern of dishonesty during a polygraph examination.
Why the applicant was denied
- The applicant engaged in nonconsensual sexual behavior, including taking explicit photos and videos of women without their consent.
- He used key logger software to access the email and social media accounts of two girlfriends without their knowledge.
- The applicant provided false information during a polygraph examination, demonstrating a pattern of dishonesty.
Conditions referenced
- D-13(a)raisedSexual Behavior of a Criminal Nature
- D-13(d)raisedSexual Behavior of a Public Nature or That Reflects Lack of Discretion or Judgment
- M-39(a)raisedUnauthorized Entry Into Any Information Technology System
- M-39(c)raisedUse of Any Information Technology System to Gain Access to Another System
- M-39(e)raisedUnauthorized Use of Any Information Technology System
- E-16(b)raisedDeliberately Providing False or Misleading Information
- E-16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- D-14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to RecurThe applicant has not accepted full responsibility for his conduct and has not shown rehabilitative action.
- M-41(a)rejectedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to RecurThe applicant has not demonstrated rehabilitative qualities necessary to establish changed behavior.
- E-17(c)rejectedThe 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 RecurThe applicant's actions are not minor and he has not provided evidence of counseling.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 5, 2016
- Answer filedNov 23, 2016
- Hearing heldJun 20, 2017
- Decision dateNov 30, 2017
Cite for
- Nonconsensual Sexual Behavior as a Disqualifying Condition Under Guideline D
- Unauthorized Access to Personal Information as a Disqualifying Condition Under Guideline M
- Pattern of Dishonesty Impacting Security Clearance Eligibility Under Guideline E