Summary
A 50-year-old logistics manager with a military background was granted a security clearance despite concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). These concerns stemmed from a March 2007 guilty plea to second-degree assault, pursuant to a plea agreement, for molesting his then-14-year-old step-daughter in January 2004.
Disqualifying conditions were raised under E2.A1, J1, and D1. However, the judge applied mitigating conditions E2.A2, J2, and D2. The applicant accepted full responsibility and expressed credible remorse for his misconduct.
Furthermore, psychological evaluations indicated an extremely low risk of recidivism and confirmed the applicant did not fit the profile of a pedophile. The incident was a singular event that occurred nearly five years prior to the plea, and the applicant's conduct was widely known, which reduced the potential for exploitation. Based on these mitigating factors and the time elapsed, the security clearance was granted.
Why the applicant prevailed
- The applicant accepted full responsibility for his misconduct and expressed credible remorse.
- Psychological evaluations indicated the applicant was at extremely low risk for recidivism and did not meet the profile of a pedophile.
- The incident was a one-time event that occurred nearly five years prior, and the applicant's conduct was widely known, reducing potential for exploitation.
Conditions referenced
- E2.A1raisedPoor Judgment
- J1raisedCriminal Conduct
- D1raisedSexual Behavior of a Criminal Nature
- E2.A2appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- J2appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Judgment
- D2appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
Key rule quoted
“Security clearance determinations are not designed to reward or punish applicants for past conduct that raises security concerns. They are designed to be a clear-eyed assessment of the current risk that a given applicant might deliberately or inadvertently disclose protected information to individuals not entitled to it.”
Procedural posture
- SOR issuedJun 9, 2008
- Answer filedJun 26, 2008
- Hearing heldSep 9, 2008
- Decision dateSep 25, 2008
Cite for
- Mitigating Factors for Criminal Conduct Under Guideline J
- Assessment of Sexual Behavior Under Guideline D
- Consideration of Psychological Evaluations in Security Clearance Determinations