Summary
This case concerns a 48-year-old single man with a long-term domestic partner, whose security clearance was reviewed under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons detailed several past incidents. In the 1990s, the applicant frequented a public park, leading to a 1990 charge for solicitation and a 1992 charge for indecent exposure, both of which he pleaded guilty to and was fined for. He ceased this behavior after the second charge.
In May 2003, the applicant was arrested in a retail store bathroom for indecent exposure after being observed masturbating in front of another man by an undercover officer. He pleaded guilty in October 2003, receiving a fine, a suspended one-year jail sentence, 40 hours of community service, and three years of probation. Additionally, he failed to report this 2003 arrest to his employer, despite knowing his responsibility to do so, due to shame and embarrassment.
Despite these disqualifying conditions, the security clearance was GRANTED. The judge found that the applicant had demonstrated rehabilitation, noting his engagement in therapy after the 2003 arrest and significant progress. He also received strong, unequivocal recommendations from his immediate supervisor and senior vice president, both of whom were aware of his past conduct. The applicant has not engaged in any similar behavior since 2003, indicating a low risk of recurrence and concluding that his past behavior no longer posed a national security risk.
Why the applicant prevailed
- The applicant sought therapy after his 2003 arrest and demonstrated significant progress.
- He received unequivocal recommendations from his immediate supervisor and senior vice president, who were aware of his past conduct.
- The applicant has not engaged in any similar behavior since 2003, indicating a low risk of recurrence.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 16(e)raisedConcealment of Information That Creates Vulnerability
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago That It Is Unlikely to Recur
- AG ¶ 17(c)appliedSo Much Time Has Passed That It Is Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledged the Behavior and Obtained Counseling
- AG ¶ 17(e)appliedTaken Positive Steps to Reduce Vulnerability to Exploitation
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedFeb 20, 2008
- Answer filedMar 19, 2008
- Hearing heldAug 13, 2008
- Decision dateSep 5, 2008
Cite for
- Mitigation of Sexual Behavior Concerns Under Guideline D
- Mitigation of Personal Conduct Concerns Under Guideline E
- Importance of Rehabilitation and Time Elapsed Since Last Incident in Security Clearance Decisions