ISCR Case 08-07918.h1

Case Headnote

ISCR Case No. 08-07918.h1

deniedJul 30, 2009· Hon. Darlene Lokey Anderson· hearing

Summary

A 51-year-old Senior Hardware Engineer with advanced degrees was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology). The allegations included using company computers to access pornographic websites sporadically from October 2000 through 2005, and accessing non-business related internet pages on a contractor's computer. The applicant was aware these actions violated company policy.

Further issues involved a lack of candor regarding his employment termination. He failed to disclose the true circumstances of his previous job resignation on a June 2005 application for employment with a defense contractor and was not candid with prospective employers about the reason for his departure.

The judge determined that the applicant's history of accessing inappropriate websites at work, his lack of candor regarding his employment termination, and ongoing issues with internet pornography addiction raised significant security concerns. Specifically, the pattern of inappropriate sexual behavior and personal conduct, coupled with the failure to disclose employment termination details and the risk of coercion due to pornography addiction, led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant engaged in a pattern of inappropriate sexual behavior and personal conduct that negatively impacts his suitability for access to classified information.
He failed to disclose the true circumstances of his previous employment termination, demonstrating a lack of candor.
The applicant's ongoing addiction to internet pornography presents a risk of coercion and exploitation.

Conditions Referenced

Disqualifying

16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
16(d)appliedCredible Adverse Information Supporting a Whole-person Assessment of Questionable Judgment
40(e)appliedUnauthorized Use of a Government or Other Information Technology System
40(h)appliedMisuse of Information Technology That Results in Damage to National Security
13(b)appliedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
13(c)appliedSexual Behavior That Causes Vulnerability to Coercion, Exploitation, or Duress

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”

Procedural Posture

SOR issuedMar 11, 2009
Answer filedApr 6, 2009
Hearing heldJun 30, 2009
Decision dateJul 30, 2009

Cite For

Lack of Candor in Employment Applications Under Guideline E
Pattern of Misuse of Information Technology Under Guideline M
High Risk Sexual Behavior Indicative of Security Concerns Under Guideline D

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
3.a	The Applicant's sexual behavior involved a criminal offense, is indicative of a personality or emotional disorder, reflects lack of judgment or discretion, or may subject the individual to undue influence or coercion, or reflects lack of judgment or discretion.	Against Applicant	Compulsive Sexual Behavior	Admitted	(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	—	—
3.b	The Applicant's sexual behavior involved a criminal offense, is indicative of a personality or emotional disorder, reflects lack of judgment or discretion, or may subject the individual to undue influence or coercion, or reflects lack of judgment or discretion.	Against Applicant	Compulsive Sexual Behavior	Admitted	(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	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

3.a

The Applicant's sexual behavior involved a criminal offense, is indicative of a personality or emotional disorder, reflects lack of judgment or discretion, or may subject the individual to undue influence or coercion, or reflects lack of judgment or discretion.

Against Applicant

Compulsive Sexual Behavior

Admitted

(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

—

3.b

Against Applicant

Compulsive Sexual Behavior

Admitted

(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

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	The Applicant used the company computer to access pornographic adult web sites during company time on a sporadic basis from October 2000 through 2005.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.b	The Applicant used contractor #1's computer to access and download non-business related internet web pages while employed there.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.c	The Applicant failed to disclose the circumstances of his previous employment termination on his June 2005 application for employment with defense contractor #2.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.d	The Applicant was aware at the time that he was violating company policy by visiting these pornographic or borderline pornographic web sites.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.e	The Applicant was not candid with prospective employers regarding the reason for his job resignation.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.a	The Applicant misused company time by accessing inappropriate websites.	Against Applicant	Misuse of Employer Time or Resources	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
3.a	The Applicant's pattern of inappropriate sexual behavior and personal conduct has a direct and negative impact on his suitability for access to classified information.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
3.b	The Applicant's addiction to internet pornography has caused him serious problems at work.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The Applicant used the company computer to access pornographic adult web sites during company time on a sporadic basis from October 2000 through 2005.

Against Applicant

Rules Violation at Workplace

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.b

The Applicant used contractor #1's computer to access and download non-business related internet web pages while employed there.

Against Applicant

Rules Violation at Workplace

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.c

The Applicant failed to disclose the circumstances of his previous employment termination on his June 2005 application for employment with defense contractor #2.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.d

The Applicant was aware at the time that he was violating company policy by visiting these pornographic or borderline pornographic web sites.

Against Applicant

Rules Violation at Workplace

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.e

The Applicant was not candid with prospective employers regarding the reason for his job resignation.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Employment History

Denied

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

2.a

The Applicant misused company time by accessing inappropriate websites.

Against Applicant

Misuse of Employer Time or Resources

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

3.a

The Applicant's pattern of inappropriate sexual behavior and personal conduct has a direct and negative impact on his suitability for access to classified information.

Against Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

3.b

The Applicant's addiction to internet pornography has caused him serious problems at work.

Against Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
2.a	Unauthorized use of a government or other information technology system.	Against Applicant	Unauthorized Use of System	Admitted	(e) unauthorized use of any information technology system	—	—
2.b	Illegal or unauthorized entry into any information technology system or component thereof.	Against Applicant	Unauthorized System Access	Admitted	(a) unauthorized entry into any information technology system	—	—
2.c	Any misuse of information technology, whether deliberate or negligent, that results in damage to the national security.	Against Applicant	Unauthorized Modification or Destruction	Admitted	(h) any misuse of IT, whether deliberate or negligent, that results in damage to national security	—	—
2.d–2.e	2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

2.a

Unauthorized use of a government or other information technology system.

Against Applicant

Unauthorized Use of System

Admitted

(e) unauthorized use of any information technology system

—

2.b

Illegal or unauthorized entry into any information technology system or component thereof.

Against Applicant

Unauthorized System Access

Admitted

(a) unauthorized entry into any information technology system

—

2.c

Any misuse of information technology, whether deliberate or negligent, that results in damage to the national security.

Against Applicant

Unauthorized Modification or Destruction

Admitted

(h) any misuse of IT, whether deliberate or negligent, that results in damage to national security

—

2.d–2.e

2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

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

CONCLUSION

FORMAL FINDINGS

DECISION