Summary
A 54-year-old defense contractor was denied a security clearance due to ongoing inappropriate sexual behavior, falling under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant has a documented history of indecent exposure and public masturbation, beginning with a juvenile charge in 1968 at age 14, followed by psychological treatment until 1970. He was arrested again in 1978 for public exposure and received further psychological treatment until 1980.
Despite these interventions, the applicant continued public masturbation approximately once a month from 1978 through September 2005, often while observing attractive females. In response, he sought counseling through his Employee Assistance Program and began attending a 12-step program through his church in March 2006, which he still regularly attends and leads.
However, the judge determined that the applicant's recent incidents of public masturbation indicated a lack of control over his urges. While acknowledging the rehabilitation efforts, the judge concluded that the behavior was likely to recur, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant has a long history of indecent exposure and public masturbation, which continued into adulthood.
- The applicant's recent inappropriate sexual behavior indicates a lack of control over his urges, raising security concerns.
- The applicant's attempts at rehabilitation were acknowledged, but the judge found that the behavior is likely to recur.
Conditions referenced
- D.1.araisedSexual Behavior of a Criminal Nature
- D.1.braisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- D.1.craisedSexual Behavior That Causes Vulnerability to Coercion
- D.1.draisedSexual Behavior of a Public Nature
- E.1.eraisedPersonal Conduct Creating Vulnerability to Exploitation
- D.14.crejectedBehavior No Longer Serves as a Basis for CoercionThe applicant continues to engage in inappropriate sexual actions.
- E.17.dappliedAcknowledgment of Behavior and CounselingThe applicant has sought counseling and taken steps to address his issues.
- E.17.eappliedPositive Steps to Reduce VulnerabilityThe applicant has informed family and sought support, but vulnerability remains.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJan 20, 2009
- Answer filedFeb 19, 2009
- Hearing heldJun 22, 2009scheduled on June 1, 2009
- Decision date—
Cite for
- Denial of Security Clearance Due to Ongoing Sexual Behavior Issues
- Impact of Recent Conduct on Security Clearance Eligibility
- Mitigation Efforts Considered but Insufficient to Overcome Disqualifying Conditions