Summary
A 51-year-old part-time computer technician was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from past criminal behavior involving child pornography. Specifically, the applicant was alleged to have expanded his viewing of pornography to include child pornography, raising concerns about judgment and vulnerability to coercion. In April 2008, the applicant was arrested and charged with 11 felony counts, including sexual assault, sexual exploitation/child, and possession of material.
Disqualifying conditions cited included concerns about criminal conduct and sexual behavior, while mitigating conditions considered the applicant's completion of probation and therapy. However, the judge ultimately found these insufficient.
The denial was based on several factors: the applicant's past conduct involving child pornography raised significant concerns about his judgment and trustworthiness. Furthermore, the applicant did not fully accept responsibility for his actions and acknowledged the potential for future issues with pornography. Despite successfully completing probation, the history of criminal conduct left lingering doubts about his reliability, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant's past conduct involving child pornography raised significant concerns about his judgment and trustworthiness.
- The applicant did not fully accept responsibility for his actions and acknowledged that viewing pornography could become a problem again.
- The applicant's history of criminal conduct, despite successful completion of probation, left doubts about his reliability.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 14(b)rejectedThe Sexual Behavior Happened so Long AgoAlthough time has passed since the last incident, the applicant's decision to view child pornography continues to raise concerns about his judgment.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant completed probation and therapy, showing some evidence of rehabilitation.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJun 5, 2014
- Answer filedJun 25, 2014
- Hearing heldOct 22, 2014via video-teleconference
- Decision dateDec 31, 2014
Cite for
- Security Concerns Regarding Past Sexual Conduct Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Rehabilitation in Security Clearance Decisions