Summary
A 26-year-old data analyst 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 Statement of Reasons detailed several allegations, including that the applicant, upon arrival at a TDY site, used her company laptop to post an online ad seeking sex for pay. This led to her arraignment and release on her own recognizance on November 12, 2005, with a trial ordered for January 6, 2006.
Further allegations included the applicant meeting men for sex through an internet dating site and instant messaging an unrecalled number of times. She also stated that from approximately July 2004 to November 2005, she frequented nightclubs every weekend and had sex three to four times a month with men she met there. These actions raised disqualifying conditions under several paragraphs of the Adjudicative Guidelines.
Despite the applicant's claims of having changed her life and receiving support from family and friends, the judge found that she failed to mitigate the security concerns. The denial was based on her engagement in high-risk sexual behavior for a documented 16-month period, culminating in an arrest for prostitution, and her use of a company laptop for illicit activities. The applicant did not provide evidence of seeking professional help or counseling for her past behavior.
Why the Applicant Was Denied
- The applicant engaged in high-risk sexual behavior for a documented period of 16 months, culminating in an arrest for prostitution.
- She placed an ad for sex on an open classified internet site while using her company's laptop, raising significant security concerns.
- The applicant did not provide evidence of seeking professional help or counseling regarding her past behavior.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual CircumstancesThe applicant's conduct since her arrest appears exemplary.
Key Rule Quoted
“The protection of national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 9, 2008
- Answer filedMay 13, 2008
- Hearing heldJul 24, 2008
- Decision dateSep 17, 2008
Cite For
- High-risk Sexual Behavior Leading to Arrest Under Guideline D
- Impact of Past Conduct on Security Clearance Eligibility Under Guideline E
- Use of Information Technology Systems in Disqualifying Behavior Under Guideline M