Summary
A 39-year-old software engineer, holding a security clearance since 2003, faced allegations under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology Systems). These concerns stemmed from his use of a work computer to access adult and dating websites, for which he received a warning letter for inappropriate internet use. Additionally, there was an investigation into an allegation that he solicited a minor over the internet using his home computer.
Disqualifying conditions were raised regarding personal conduct, use of information technology, and sexual behavior. However, the judge applied several mitigating conditions. The applicant had not repeated inappropriate internet use since 2006 and had maintained employment without incident since 2007. Crucially, the allegations concerning the solicitation of a minor were not substantiated by evidence, and the applicant was never charged with any offense.
The applicant demonstrated an acknowledgment of his past behavior and has taken steps to prevent its recurrence. The judge concluded that the applicant's past conduct was not recent and did not cast doubt on his reliability, leading to the decision to grant his security clearance.
Why the applicant prevailed
- The applicant has not repeated inappropriate internet use since 2006 and has been employed without incident since 2007.
- The allegations regarding solicitation of a minor were not substantiated by evidence, and the applicant was never charged with any offense.
- The applicant demonstrated acknowledgment of past behavior and has taken steps to ensure it does not recur.
Conditions referenced
- PC DC 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- PC DC 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
- M DC 40(e)raisedUnauthorized Use of a Government or Other Information Technology System
- SD DC 13(d)raisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- PC MC 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- PC MC 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
- M MC 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened
- SD MC 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedApr 27, 2009Estimated date based on forwarding memorandum.
- Answer filedMay 26, 2009
- Hearing heldAug 26, 2009
- Decision dateOct 15, 2009
Cite for
- Mitigation of Personal Conduct Issues Due to Time Elapsed Since Incidents
- Insufficient Evidence Required for Adverse Determinations Regarding Solicitation Allegations
- Consideration of the Whole Person Concept in Security Clearance Decisions.