ISCR Case 07-17801.h1

Case Headnote

ISCR Case No. 07-17801.h1

grantedApr 25, 2012· Hon. Richard A. Cefola· hearing

Summary

This security clearance decision involved an applicant with a history of psychological conditions and sexual behavior concerns, evaluated under Guidelines D (Sexual Behavior), E (Personal Conduct), and I (Psychological Conditions). The Statement of Reasons noted the applicant's sexual attraction to and fantasies about young girls, and his past pursuit of non-sexual contact with them. These allegations were similar to those that led another government agency to deny him access to Sensitive Compartmented Information (SCI) in February 2007.

Disqualifying conditions under these guidelines were raised, including concerns related to sexual behavior, personal conduct, and psychological conditions. However, the decision ultimately applied several mitigating conditions.

The clearance was granted based on several factors. The applicant had maintained previous clearances without any security violations. Multiple mental health professionals provided testimony affirming his current reliability and trustworthiness. Furthermore, the applicant's last concerning behavior occurred over seven years prior to the decision and was determined to be under control. These factors collectively demonstrated significant rehabilitation, leading to the favorable outcome.

Why the Applicant Prevailed

The applicant had no security violations during his previous clearances.
Multiple mental health professionals testified to the applicant's current reliability and trustworthiness.
The applicant's last concerning behavior occurred over seven years ago and is now under control.

Conditions Referenced

Disqualifying

AG ¶ 28(b)raisedMental Health ConditionA Government Psychiatrist diagnosed the applicant with conditions that could impair judgment.
AG ¶ 13(b)raisedCompulsive Sexual BehaviorThe applicant had a history of sadomasochistic acts.
AG ¶ 16(c)raisedCredible Adverse InformationThe applicant was previously denied access to SCI by another agency.

Mitigating

AG ¶ 29(c)appliedCondition in RemissionRecent evaluations indicated the applicant's previous conditions are under control.
AG ¶ 14(b)appliedBehavior Unlikely to RecurThe last act of sadomasochism occurred over seven years ago.
AG ¶ 17(c)appliedTime Passed Since ConductSignificant time has passed since the adverse conduct, and the applicant is deemed trustworthy.

Key Rule Quoted

“The administrative judge’s over-arching adjudicative goal is a fair, impartial and commonsense decision.”

Procedural Posture

SOR issuedFeb 4, 2011
Answer filedMar 14, 2011
Hearing heldFeb 22, 2012
Decision dateApr 25, 2012

Cite For

Evaluation of Psychological Conditions Under Guideline I
Mitigation of Sexual Behavior Concerns Under Guideline D
Application of the Whole-person Concept in Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
2.a	The Applicant is sexually attracted to young girls, has fantasies about inappropriate conduct with young girls, and has sought non-sexual contact with young girls.	For Applicant	Compulsive Sexual Behavior	Denied	(b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress	(b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

2.a

The Applicant is sexually attracted to young girls, has fantasies about inappropriate conduct with young girls, and has sought non-sexual contact with young girls.

For Applicant

Compulsive Sexual Behavior

Denied

(b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

(b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren…

(c) the behavior no longer serves as a basis for coercion, exploitation, or duress

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	In February of 2007, another Government Agency denied granting the Applicant access to SCI, based on allegations similar to those noted above.	For Applicant	Questionable Judgment General	—	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In February of 2007, another Government Agency denied granting the Applicant access to SCI, based on allegations similar to those noted above.

For Applicant

Questionable Judgment General

—

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a–1.i	9 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a–1.i

9 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION