Summary
A 42-year-old electrical engineer with a Ph.D. 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 admitted to a pattern of inappropriate sexual behavior and questionable judgment, which raised significant security concerns.
Specifically, the applicant engaged in inappropriate sexual behavior from 1998 or 1999 to at least 2005, including accessing, viewing, and downloading pornographic material on his employer’s computer. He also admitted to masturbating in his office while viewing pornography. Further allegations included making repeated hang-up calls to at least three female employees, calling them twenty to thirty times each, and entering female employees' offices without permission to look at their personal belongings.
The denial was based on the applicant's compulsive and high-risk sexual behavior, which demonstrated a lack of judgment and discretion. These actions created a vulnerability to coercion and exploitation, undermining his trustworthiness. Additionally, his misuse of information technology systems showed a disregard for rules and regulations, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant engaged in a pattern of compulsive and high-risk sexual behavior that reflects a lack of judgment and discretion.
- The applicant's actions created a vulnerability to coercion and exploitation, undermining trustworthiness.
- The applicant's misuse of information technology systems demonstrated a disregard for rules and regulations.
Conditions referenced
- D.13(b)appliedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- D.13(c)appliedSexual Behavior That Causes Vulnerability to Coercion
- D.13(d)appliedSexual Behavior Reflecting Lack of Discretion or Judgment
- E.16(d)appliedCredible Adverse Information Supporting a Whole-person Assessment
- E.16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
- M.40(a)appliedIllegal or Unauthorized Entry Into Information Technology Systems
- M.40(e)appliedUnauthorized Use of a Government Information Technology System
- M.40(f)appliedIntroduction or Removal of Hardware or Software Without Authorization
Key rule quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural posture
- SOR issuedAug 13, 2008
- Answer filedSep 2, 2008
- Hearing heldNov 5, 2008
- Decision dateFeb 19, 2009
Cite for
- Pattern of Compulsive Sexual Behavior Under Guideline D
- Lack of Candor and Questionable Judgment Under Guideline E
- Misuse of Information Technology Systems Under Guideline M