Summary
A 51-year-old senior technology architect, with a prior security clearance history, was granted eligibility for a public trust position despite concerns under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology Systems). These concerns stemmed from his termination in 2005 for accessing pornographic websites on a company laptop.
The Statement of Reasons alleged unauthorized use of an information technology system and that the applicant denied knowledge of the material during an internal company investigation in January 2005. Disqualifying conditions under both guidelines were raised, specifically M DC ¶ 40(e), M DC ¶ 40(f), PC DC ¶ 16(b), and PC DC ¶ 16(e).
However, the judge applied mitigating conditions M MC ¶ 41(a), PC MC ¶ 17(c), PC MC ¶ 17(d), and PC MC ¶ 17(e). The decision to grant was based on the passage of over four years without similar incidents, the applicant's demonstrated good conduct and positive evaluations in his current employment, and his acknowledgment of past behavior with steps taken to ensure future compliance with security policies.
Why the Applicant Prevailed
- More than four years have passed since the applicant's termination for misconduct, indicating unlikely recurrence of similar behavior.
- The applicant has demonstrated good conduct and trustworthiness in his current employment, receiving positive evaluations from supervisors.
- The applicant acknowledged his past behavior and has taken steps to ensure compliance with security policies.
Conditions Referenced
- M DC ¶ 40(e)raisedUnauthorized Use of a Government or Other Information Technology System
- M DC ¶ 40(f)raisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System Without Authorization
- PC DC ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- PC DC ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- M MC ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened That It Is Unlikely to Recur
- PC MC ¶ 17(c)appliedThe Offense Is so Minor or so Much Time Has Passed That It Is Unlikely to Recur
- PC MC ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Taken Positive Steps to Alleviate the Circumstances
- PC MC ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce Vulnerability to Exploitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 13, 2008
- Answer filedSep 15, 2008
- Hearing heldFeb 23, 2009
- Decision dateMar 18, 2009
Cite For
- Mitigation of Personal Conduct Issues After a Significant Time Lapse
- Consideration of Positive Employment History in Trustworthiness Determinations
- Impact of Acknowledgment and Corrective Actions on Security Clearance Outcomes