Summary
A 44-year-old ship fitter, employed by a Department of Defense contractor, was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from his guilty plea to two counts of sexual battery.
The applicant was arrested on October 2, 2006, and charged with two counts of sexual battery and two counts of indecent liberties with a minor, with the alleged offenses occurring on November 1, 2005, and April 24, 2006. On March 13, 2007, he pled guilty to the two misdemeanor counts of sexual battery. He received a suspended 12-month jail sentence, was ordered to pay $150 in court costs, and was placed on three years of unsupervised probation. The felony indecent liberty charges were nolle prossed, but the applicant was required to register as a sexual offender.
The judge found that the applicant failed to mitigate the security concerns. The criminal behavior was recent, and the applicant did not provide sufficient evidence of rehabilitation or assurance that the behavior would not recur. His claims of innocence were uncorroborated, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant pled guilty to two counts of sexual battery, raising significant concerns about his judgment and reliability.
- The applicant did not provide sufficient evidence to mitigate the concerns related to his criminal conduct and sexual behavior.
- The applicant's claims of innocence were not corroborated by evidence, and he failed to demonstrate successful rehabilitation.
Conditions Referenced
- CC DC ¶31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- CC DC ¶31(c)raisedAllegation or Admission of Criminal Conduct
- SB DC ¶13(a)raisedSexual Behavior of a Criminal Nature
- SB DC ¶13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- SB DC ¶13(d)raisedSexual Behavior Reflecting Lack of Discretion or Judgment
- CC MC ¶32(a)rejectedTime Elapsed Since Criminal BehaviorThe criminal charges were relatively recent.
- CC MC ¶32(c)rejectedEvidence That the Person Did Not Commit the OffenseCourt records indicate the applicant pled guilty.
- CC MC ¶32(d)rejectedEvidence of Successful RehabilitationNot enough time has passed to conclude successful rehabilitation.
- SB MC ¶14(b)rejectedBehavior Unlikely to RecurThe offenses were recent and not isolated.
- SB MC ¶14(c)rejectedBehavior No Longer Serves as Basis for CoercionThe applicant remains vulnerable to coercion.
- SB MC ¶14(d)notedBehavior Is Private, Consensual, and Discreet
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 9, 2009
- Answer filedMar 6, 2009Requested determination without a hearing.
- Hearing held—No hearing; decision based on written submissions.
- Decision dateJun 10, 2009
Cite For
- Disqualifying Conditions Under Guideline J and Guideline D
- Failure to Mitigate Recent Criminal Conduct
- Impact of Guilty Pleas on Security Clearance Eligibility