Summary
A 50-year-old defense contractor was denied a security clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from a 15-year history of engaging with prostitutes, which the judge determined created unmitigated vulnerabilities.
The Statement of Reasons detailed several allegations, including engaging in criminal sexual behavior, exhibiting a pattern of compulsive or high-risk sexual behavior, and demonstrating sexual behavior that made the applicant vulnerable to coercion, exploitation, or duress. Additionally, the applicant's sexual behavior was cited as being of a public nature and reflecting a lack of discretion or judgment.
Despite the applicant ceasing the conduct in 2006, the judge concluded that the past criminal sexual behavior over a 15-year period continued to pose a risk to national security by making the applicant vulnerable to coercion. No mitigating conditions were found applicable to the applicant's situation, leading to the denial of the security clearance.
Why the Applicant Was Denied
- Applicant engaged in criminal sexual behavior over a 15-year period, making him vulnerable to coercion.
- The applicant's past conduct continued to pose a risk to national security despite ceasing the behavior in 2006.
- None of the mitigating conditions were applicable to the applicant's situation.
Conditions Referenced
- DraisedSexual Behavior
- EraisedPersonal Conduct
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 15, 2008
- Answer filedApr 28, 2008Applicant elected to proceed without a hearing.
- Decision dateApr 29, 2009
Cite For
- Security Concerns Regarding Long-term Sexual Behavior Under Guideline D
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- The Importance of Mitigating Conditions in Security Clearance Decisions.