Summary
A 40-year-old test software engineer was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and I (Psychological Conditions). The applicant's history included multiple incidents of public nudity between 1996 and 2007, which he described as thrilling and sexually arousing. This behavior raised concerns about his judgment, discretion, and vulnerability to coercion or exploitation.
Further issues included the applicant's admission of sexual fantasies involving a teenage babysitter and teenage students from his Sunday school class. He also disclosed violent fantasies, including thoughts of revenge against those involved in his security process, such as "shooting up the place," and long-term fantasies about killing a neighbor, which culminated in an assault.
During security interviews, the applicant made false statements and omitted critical information, undermining his credibility. A September 2009 mental health evaluation indicated significant concerns regarding his stability, reliability, and judgment. Despite the applicant's claim of maturity and a lack of desire to repeat past behaviors, the judge found that the cumulative conduct cast significant doubt on his trustworthiness, reliability, and judgment, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant's sexual behavior involved numerous incidents of public nudity, reflecting poor judgment and potential for coercion.
- Applicant made false statements and omitted critical information during security interviews, undermining his credibility.
- A mental health evaluation indicated significant concerns about the applicant's stability and judgment.
Conditions Referenced
- D.1.araisedSexual Behavior of a Criminal Nature
- D.1.braisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- D.1.craisedSexual Behavior That Causes Vulnerability to Coercion
- D.1.draisedSexual Behavior of a Public Nature
- I.2.braisedOpinion by a Qualified Mental Health Professional Indicating Impairment
- E.2.braisedDeliberately Providing False or Misleading Information
- E.2.eraisedPersonal Conduct Creating Vulnerability to Exploitation
Key Rule Quoted
“The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interest as their own.”
Procedural Posture
- SOR issuedSep 20, 2012
- Answer filedOct 15, 2012
- Hearing heldFeb 7, 2013via MS Teams
- Decision dateMay 14, 2013
Cite For
- Disqualifying Conditions Related to Sexual Behavior Under Guideline D
- Disqualifying Conditions Regarding Psychological Conditions Under Guideline I
- Disqualifying Conditions for Personal Conduct Under Guideline E