Summary
The applicant, a male with a history of psychological conditions and sexual behavior concerns, sought a security clearance under Guidelines D, E, and I. Despite past allegations of inappropriate conduct, the applicant demonstrated significant rehabilitation and received strong support from colleagues and mental health professionals. The judge ultimately granted the security clearance, finding that the applicant had mitigated the security concerns.
Under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline I (Psychological Conditions), the Statement of Reasons alleged the following: 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 (2.a). In February of 2007, another Government Agency denied the Applicant access to SCI, based on allegations similar to those noted above (3.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 28(b), AG ¶ 13(b), AG ¶ 15. The judge applied mitigating conditions AG ¶ 29(e), AG ¶ 14(b), AG ¶ 17(c). The decision turned on the following: The applicant had no prior security violations and held a clearance for many years without incident; Strong support from his Security Officer and mental health professionals indicated he was trustworthy and capable of safeguarding classified information; The applicant's psychological conditions were deemed managed and not impairing his judgment or reliability.
Why the Applicant Prevailed
- The applicant had no prior security violations and held a clearance for many years without incident.
- Strong support from his Security Officer and mental health professionals indicated he was trustworthy and capable of safeguarding classified information.
- The applicant's psychological conditions were deemed managed and not impairing his judgment or reliability.
Conditions Referenced
- AG ¶ 28(b)raisedMental Health ConditionThe Government psychologist diagnosed the applicant with conditions that could impair judgment.
- AG ¶ 13(b)raisedCompulsive Sexual BehaviorThe applicant had a history of sadomasochistic acts.
- AG ¶ 15raisedPersonal ConductThe applicant was previously denied access to SCI based on similar allegations.
- AG ¶ 29(e)appliedNo Current ProblemThe applicant's treating psychiatrist confirmed he does not have a condition impairing judgment.
- AG ¶ 14(b)appliedBehavior Occurred Long AgoThe last act of sadomasochism occurred over seven years ago.
- AG ¶ 17(c)appliedTime Has PassedSignificant time had elapsed since the applicant's previous issues, indicating they were unlikely to recur.
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, 2012Remanded by Appeal Board on August 17, 2012.
Cite For
- Mitigation of Psychological Conditions Under Guideline I
- Rebuttable Presumption of Rehabilitation in Sexual Behavior Cases
- Whole-person Assessment in Security Clearance Determinations