Summary
A 54-year-old senior technical writer for a defense contractor, and former military member, was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), and M (Use of Information Technology). The denial stemmed from allegations that the applicant misused company information technology and engaged in personal conduct involving the transmission of nude photographs.
Specifically, the applicant was alleged to have emailed a nude photograph of himself to a coworker in about December 2007, using his company-issued laptop. Additionally, in about December 2007, he downloaded approximately 122 personal pictures, including four nude photographs of himself, onto the same company laptop, in violation of the company's Code of Conduct.
The judge determined that the applicant's actions demonstrated poor judgment and violated company policy, raising significant doubts about his reliability and trustworthiness. The applicant admitted to these actions, but his minimization of their seriousness further undermined his credibility, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to sending a nude photograph to a coworker from his work computer, violating company policy.
- He downloaded multiple personal photographs, including nude images, onto his work laptop, which raised security concerns.
- The applicant's minimization of his actions and belief that they were not serious undermined his credibility.
Conditions Referenced
- AG ¶ 40(e)raisedUnauthorized Use of a Government or Other Information Technology System
- AG ¶ 40(f)raisedIntroduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System Without Authorization
- AG ¶ 16(d)(3)raisedA Pattern of Rule Violations
- AG ¶ 16(d)(4)raisedEvidence of Significant Misuse of Government or Other Employer’s Time or Resources
- AG ¶ 16(e)(1)raisedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 13(c)raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- AG ¶ 41(a)rejectedSo Much Time Has Elapsed Since the Behavior Happened That It Is Unlikely to RecurThe applicant's conduct occurred in December 2007 and was not considered unlikely to recur.
- AG ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the BehaviorThe applicant minimized his actions and did not demonstrate significant steps to change behavior.
- AG ¶ 14(c)rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's actions were still viewed as a potential vulnerability.
Key Rule Quoted
“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedJul 27, 2009
- Answer filed—
- Hearing held—Decided on the record in lieu of a hearing.
- Decision dateJan 29, 2010
Cite For
- Misuse of Information Technology Systems Under Guideline M
- Personal Conduct Raising Questions of Reliability Under Guideline E
- Sexual Behavior Reflecting Poor Judgment Under Guideline D