Summary
A 30-year-old software engineer, who had held a security clearance since 2005, faced allegations under Guideline E (Personal Conduct) and Guideline M (Use of Information Technology). The Statement of Reasons detailed that the applicant admitted to violating employer labor-charging practices by working remotely without authorization and spending excessive time on non-work content during duty hours. Additionally, the applicant admitted to abusing network privileges by downloading three unauthorized programs, one of which bypassed network security restrictions. The applicant also used a work computer to access non-work content, including television shows, movies, music, and pornography. These actions led to a three-day unpaid suspension in 2010.
Disqualifying conditions were raised, but mitigating conditions were applied. The judge found that the applicant admitted to the past misconduct and demonstrated rehabilitation and compliance with employer policies since the incident.
Crucially, the applicant's actions did not compromise classified information or the integrity of the employer's IT systems. Favorable performance evaluations post-incident further indicated a return to good standing. Based on these factors, the judge determined that the past conduct did not pose a risk for future security concerns, and the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant admitted to past misconduct but demonstrated rehabilitation and compliance with employer policies since the incident.
- The applicant's actions did not compromise classified information or the integrity of the employer's IT systems.
- The applicant's favorable performance evaluations post-incident indicated a return to good standing.
Conditions Referenced
- AG ¶ 40(e)raisedUnauthorized Use of a Government or Other Information 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(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 4, 2012
- Answer filed—
- Hearing heldApr 5, 2012
- Decision dateJun 28, 2012
Cite For
- Demonstration of Rehabilitation After Past Misconduct Under Guideline M
- Consideration of Favorable Performance Evaluations in Security Clearance Decisions
- Application of Mitigating Conditions for Minor Offenses Under Guideline E