Summary
A 55-year-old employee of a Department of Defense contractor was denied a security clearance due to serious criminal conduct involving the sexual molestation of his daughter over a nine-year period. The applicant's behavior, which occurred between his daughter's ages of four and 13, included numerous instances of molestation and one occasion of sexual intercourse when she was 13.
In December 1988, the applicant was arrested and charged with multiple felony counts of First Degree Sexual Assault and First Degree Child Molestation. On January 22, 1990, he pleaded nolo contendere to seven counts of Sexual Assault in the First Degree and seven counts of First Degree Child Molestation. He received a 25-year jail sentence, which was suspended to 25 years of probation, set to expire on January 21, 2015.
The administrative judge found that the applicant's past behavior, specifically the serious criminal conduct and ongoing probation, raised significant concerns regarding his reliability and trustworthiness. Consequently, the application for a security clearance was denied under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct).
Why the applicant was denied
- The applicant engaged in serious criminal conduct, including multiple counts of sexual assault and child molestation.
- The applicant remains on probation until January 21, 2015, indicating ongoing legal consequences for his actions.
- The nature and frequency of the applicant's offenses raise substantial doubts about his judgment and reliability.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 31(d)raisedCurrently on Probation
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedVulnerability to Coercion
- AG ¶ 13(d)raisedLack of Discretion or Judgment
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's offenses occurred over a lengthy period and were serious in nature.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationWhile the applicant has shown some positive changes, the severity of his past conduct outweighs these factors.
- AG ¶ 14(b)rejectedBehavior Unlikely to RecurThe applicant's past sexual behavior raises ongoing concerns about his reliability.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe sensitive nature of the applicant's past behavior continues to pose a risk of coercion.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMar 1, 2010Date is an estimate.
- Answer filedApr 14, 2010
- Hearing heldOct 27, 2010Hearing was rescheduled after cancellation.
- Decision dateNov 10, 2010
Cite for
- Serious Criminal Conduct Under Guideline J
- Vulnerability to Coercion Due to Past Sexual Behavior Under Guideline D
- The Importance of the Whole-person Concept in Security Clearance Determinations.