Summary
A 37-year-old married man with a bachelor's degree was denied a security clearance under Guidelines D (Sexual Behavior) and E (Personal Conduct) due to his past possession of child pornography. The Statement of Reasons alleged that his storage of child pornography on his personal computer for sexual gratification constituted criminal sexual behavior and made him vulnerable to coercion, exploitation, or duress. It also stated that this conduct raised questions about his reliability and trustworthiness.
Disqualifying conditions cited included sexual behavior of a criminal nature and sexual behavior causing vulnerability to coercion, along with personal conduct raising reliability concerns. While the applicant had not viewed such material since 2004 and had repaired his marriage, the judge applied mitigating conditions related to the passage of time and the absence of recurrence.
However, the denial was based on lingering concerns about the applicant's vulnerability to coercion and his failure to seek psychological counseling for his past behavior. Additionally, the judge viewed unfavorably the applicant's incomplete disclosure to the FBI and his attempts to downplay his attraction to underage girls, ultimately leading to the denial of eligibility for access to sensitive information.
Why the applicant was denied
- The applicant's past possession of child pornography raised significant concerns about his reliability and trustworthiness.
- The applicant did not seek psychological counseling to address his past behavior, which contributed to doubts about his current reliability.
- The applicant's incomplete disclosure to the FBI and his attempts to downplay his attraction to underage girls were viewed unfavorably.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 14(b)rejectedBehavior Unlikely to RecurThe applicant's lack of psychological counseling undermined claims that the behavior would not recur.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's failure to address his past behavior through counseling left doubts about his current vulnerability.
Key rule quoted
“"The ultimate determination of whether to grant eligibility to work in a sensitive position must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept."”
Procedural posture
- SOR issuedSep 15, 2009
- Answer filedOct 19, 2009Applicant admitted the allegation under Guideline D but denied it under Guideline E.
- Hearing heldJan 8, 2010
- Decision dateMar 30, 2010
Cite for
- Vulnerability to Coercion Due to Past Sexual Behavior Under Guideline D
- Lack of Psychological Counseling as a Factor in Security Clearance Decisions
- Whole-person Concept in Evaluating Eligibility for Sensitive Positions