Summary
A 42-year-old architect was denied a security clearance under Guideline D (Sexual Behavior) due to incidents of masturbation at his work desk. The Statement of Reasons alleged that the applicant engaged in this behavior up to once a month from 1997 to late 2010. This conduct raised disqualifying conditions under Adjudicative Guideline paragraphs 13(c) and 13(d).
Despite the applicant's claims of infrequency and embarrassment, the judge found his attempts to minimize the conduct implausible and unconvincing. The behavior was deemed to reflect poor judgment and a lack of discretion, particularly as it occurred in a public setting, which undermined his claims of privacy.
While mitigating conditions under Adjudicative Guideline paragraphs 14(b), 14(c), and 14(d) were considered, they were not sufficient to overcome the security concerns. Ultimately, the applicant's security clearance was denied.
Why the Applicant Was Denied
- The applicant's sexual behavior at work was deemed to reflect a lack of judgment and discretion.
- The applicant's attempts to minimize the frequency and nature of his conduct were found implausible and unconvincing.
- The applicant's conduct occurred in a public setting, undermining claims of privacy and discretion.
Conditions Referenced
- AG ¶ 13(c)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- AG ¶ 13(d)appliedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- AG ¶ 14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's conduct was infrequent but did not occur under unusual circumstances.
- AG ¶ 14(c)rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant admitted to being extremely embarrassed by his conduct.
- AG ¶ 14(d)rejectedThe Sexual Behavior Is Strictly Private, Consensual, and DiscreetThe applicant's conduct occurred in a cubicle at his workplace, with other employees in the area.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedFeb 5, 2013
- Answer filedMar 8, 2013
- Hearing heldMay 29, 2013
- Decision dateJun 17, 2013
Cite For
- Disqualifying Conditions Under Guideline D Related to Sexual Behavior
- Credibility Issues Arising From Attempts to Minimize Past Conduct
- The Importance of Discretion in Personal Conduct Affecting Security Clearance Eligibility