Summary
A 58-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline I (Psychological Conditions). The applicant admitted to a history of illegal sexual conduct spanning from approximately 1970 until at least 2002. This conduct included soliciting prostitutes of both sexes, engaging in public acts of masturbation, fondling an underage girl, and coercive sexual acts. The applicant stated his wife was aware of the prostitution but not the other incidents.
Additionally, the applicant was found to have an emotional, mental, or personality condition that could impair his judgment, reliability, or trustworthiness. A psychiatric evaluation indicated a personality disorder with a probability of recurrence exceeding 30%.
The denial was based on the applicant's admitted illegal sexual conduct and the presence of a personality disorder. The applicant did not provide evidence of rehabilitation or treatment for his psychological condition, leading to the conclusion that he posed a risk to national security.
Why the applicant was denied
- The applicant admitted to soliciting prostitutes and engaging in illegal sexual conduct, including fondling a minor and coercive sexual acts.
- A psychiatric evaluation indicated a personality disorder with a high probability of recurrence, which could impair judgment and reliability.
- The applicant did not provide evidence of rehabilitation or treatment for his psychological condition.
Conditions referenced
- AG ¶ 28(a)appliedBehavior That Casts Doubt on an Individual’s Judgment, Reliability, or Trustworthiness
- AG ¶ 28(b)appliedAn Opinion by a Duly Qualified Mental Health Professional That the Individual Has a Condition That May Impair Judgment, Reliability or Trustworthiness
- AG ¶ 13(a)appliedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)appliedA Pattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- AG ¶ 13(c)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation or Duress
- AG ¶ 13(d)appliedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
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 issuedMar 2, 2010
- Answer filedMar 8, 2010
- Hearing held—Applicant requested decision without a hearing.
- Decision dateMar 2, 2011
Cite for
- Disqualifying Conditions Under Guideline I and D
- Impact of Psychological Conditions on Security Clearance Eligibility
- The Importance of Demonstrating Rehabilitation for Past Conduct