Summary
A 32-year-old married applicant with a marketing degree was granted a security clearance despite concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and M (Use of Information Technology). The Statement of Reasons detailed that between January 2003 and October 2004, on approximately eight occasions, the applicant viewed online pornography and masturbated in the office using a work computer. This conduct raised disqualifying conditions under AG ¶ 13(c), AG ¶ 13(d), and AG ¶ 40(e).
However, the decision applied mitigating conditions AG ¶ 14(c), AG ¶ 16(d), AG ¶ 41(a), and AG ¶ 16(e). The applicant demonstrated significant rehabilitation, having not viewed pornography for nearly five years. He actively engaged in counseling and participated in support groups to address his compulsive behavior.
Furthermore, the applicant openly discussed his past conduct with family, friends, and his employer, which minimized the potential for coercion. These efforts and the demonstrated period of abstinence led to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant has not viewed pornography in nearly five years, demonstrating significant rehabilitation.
- He actively sought counseling and participated in support groups to address his compulsive behavior.
- The applicant's conduct was openly discussed with family, friends, and his employer, minimizing potential for coercion.
Conditions referenced
- 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 ¶ 40(e)raisedUnauthorized Use of a Government or Other Information Technology System
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- AG ¶ 16(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- AG ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened That It Is Unlikely to Recur
- AG ¶ 16(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJul 28, 2009
- Answer filedAug 12, 2009Applicant admitted all allegations except one.
- Hearing heldJan 27, 2010
- Decision dateMay 17, 2010
Cite for
- Mitigation of Sexual Behavior Under Guideline D Due to Proactive Rehabilitation Efforts
- Consideration of Personal Conduct Under Guideline E with Evidence of Counseling
- Application of Mitigating Conditions for Use of Information Technology Systems Under Guideline M