Summary
A 47-year-old industrial electronic technician was denied a security clearance due to serious criminal conduct, specifically attempted stalking of an 11-year-old girl. This decision was made under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct).
The applicant was arrested and charged with Stalking, a class 5 felony, stemming from an infatuation with the minor, which involved inappropriate gifts and letters expressing sexual feelings. On March 28, 2002, he was found guilty of Attempting Stalking, a class 6 undesignated felony. His sentence included lifetime probation, a $1,770 fine, and 500 hours of community service. He was also ordered to have no contact with the victim, comply with specific probation terms related to interstate compacts, mental health, and sex offender requirements, take all prescribed medication for mental health issues, and participate in ongoing therapy.
The denial was based on the applicant's criminal conduct, which raised significant concerns about his judgment and reliability. The judge found that the applicant minimized his actions and denied having sexual feelings toward the victim, demonstrating a lack of awareness regarding the seriousness of his conduct. Additionally, his mental health issues contributed to concerns about his ability to protect classified information, precluding the application of any mitigating conditions.
Why the applicant was denied
- The applicant's criminal conduct involved attempted stalking of a minor, raising serious concerns about his judgment and reliability.
- The applicant minimized his actions and denied having sexual feelings towards the victim, indicating a lack of awareness of the seriousness of his conduct.
- The applicant's mental health issues contributed to concerns about his ability to protect classified information.
Conditions referenced
- CC DC ¶ 31(a)appliedCriminal Conduct Disqualifying Condition
- CC DC ¶ 31(c)appliedCriminal Conduct Disqualifying Condition
- SB DC ¶ 13(a)appliedSexual Behavior Disqualifying Condition
- SB DC ¶ 13(c)appliedSexual Behavior Disqualifying Condition
- SB DC ¶ 13(d)appliedSexual Behavior Disqualifying Condition
- PC DC ¶ 6(e)appliedPersonal Conduct Disqualifying Condition
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedJun 23, 2009
- Answer filedJul 16, 2009Requested determination without a hearing.
- Hearing heldNov 2, 2009
- Decision dateNov 23, 2009
Cite for
- Seriousness of Criminal Conduct Under Guideline J
- Impact of Mental Health on Security Clearance Eligibility
- Minimization of Past Conduct as a Factor in Security Clearance Decisions