Summary
A 57-year-old systems engineer was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline M (Use of Information Technology Systems). The applicant admitted to a history of inappropriate conduct, including deliberately searching for and viewing pornography on an unclassified work computer in a Sensitive Compartmented Information Facility (SCIF) between approximately 1998 and at least May 2008, knowing this violated company policy.
Further allegations included regularly masturbating in his private SCIF office until at least May 2008, and engaging in oral sex with unidentified males at an adult bookstore on at least ten occasions. He also viewed pornography on one occasion in March 2010. These actions constituted inappropriate use of information technology and raised questions about his judgment and discretion.
The judge denied the application, citing the applicant's admitted viewing of pornography on a work computer and engaging in sexual acts at an adult bookstore. The decision also highlighted the applicant's lack of credibility, stemming from inconsistent statements regarding the frequency and nature of his sexual behavior.
Why the applicant was denied
- The applicant admitted to viewing pornography on a work computer, violating company policy.
- He engaged in sexual acts at an adult bookstore, which raised concerns about his judgment and discretion.
- The applicant's credibility was undermined by his inconsistent statements regarding the frequency and nature of his sexual behavior.
Conditions referenced
- AG ¶ 13(a)rejectedSexual Behavior of a Criminal NatureNo evidence was presented that the applicant's sexual activity violated the law.
- AG ¶ 13(b)appliedPattern of Compulsive, Self-destructive, or High Risk Sexual BehaviorThe applicant's behavior was indicative of a pattern of high-risk sexual conduct.
- AG ¶ 13(c)appliedSexual Behavior That Causes Vulnerability to CoercionThe applicant's actions raised concerns about potential vulnerability to coercion.
- AG ¶ 13(d)appliedSexual Behavior of a Public NatureThe applicant's behavior reflected a lack of discretion and judgment.
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural posture
- SOR issuedJun 1, 2012
- Answer filedJun 29, 2012Applicant initially did not request a hearing.
- Hearing heldMar 27, 2013Hearing was convened as scheduled.
- Decision dateApr 25, 2013
Cite for
- Disqualifying Conditions Under Guideline D Related to Sexual Behavior
- Credibility Issues in Applicant's Testimony
- Impact of Personal Conduct on Security Clearance Eligibility