Summary
A 31-year-old Information Release Officer was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Statement of Reasons detailed that the applicant sexually abused a woman in a public area in August 2003. Subsequently, in May 2004, the applicant was charged with sexual abuse and simple assault, leading to a conviction for simple assault in November 2004 following a guilty plea.
The denial was based on the applicant's admitted multiple incidents of sexual misconduct, including the simple assault conviction. This behavior demonstrated a pattern of impulsive and inappropriate sexual conduct. Disqualifying conditions were raised under J 31(a), J 31(c), D 13(a), D 13(b), D 13(c), D 13(d), and E 15(e).
Despite the application of mitigating conditions, including J 32(a), J 32(d), D 14(b), D 14(c), E 17(d), and E 17(e), and evidence of rehabilitation and support from family and supervisors, the judge concluded that the applicant's past conduct raised significant doubts about his reliability and trustworthiness. The security clearance was therefore denied.
Why the Applicant Was Denied
- The applicant admitted to multiple incidents of sexual misconduct, including a conviction for simple assault.
- The applicant's behavior demonstrated a pattern of impulsive and inappropriate sexual conduct.
- The judge found that the applicant's past conduct raised significant concerns about his reliability and trustworthiness.
Conditions Referenced
- J 31(a)raisedCriminal Conduct - a Single Serious Crime or Multiple Lesser Offenses
- J 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- D 13(a)raisedSexual Behavior - Sexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- D 13(b)raisedSexual Behavior - a Pattern of Compulsive, Self-destructive, or High Risk Sexual Behavior That the Person Is Unable to Stop or That May Be Symptomatic of a Personality Disorder
- D 13(c)raisedSexual Behavior - Sexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D 13(d)raisedSexual Behavior - Sexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- E 15(e)raisedPersonal Conduct - Personal Conduct, or Concealment of Information About One's Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- J 32(a)rejectedCriminal Conduct - so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- J 32(d)rejectedCriminal Conduct - There Is Evidence of Successful Rehabilitation
- D 14(b)rejectedSexual Behavior - the 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
- D 14(c)rejectedSexual Behavior - the Behavior No Longer Serves as a Basis for Coercion, Exploitation
- E 17(d)rejectedPersonal Conduct - the 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
- E 17(e)rejectedPersonal Conduct - the Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
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 issuedFeb 28, 2008
- Answer filedMar 17, 2008
- Hearing heldJun 17, 2008
- Decision dateOct 31, 2008
Cite For
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Denial Based on Sexual Behavior Concerns Under Guideline D
- Denial Related to Personal Conduct Issues Under Guideline E