Summary
A 43-year-old male applicant, seeking a security clearance for a defense contractor position, was denied clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons detailed several allegations, including engaging in sexual relationships with witnesses or victims in cases he investigated as a federal agent. He was also accused of lying to federal agency management about one such relationship and continuing contact with a female witness/victim after being ordered by superiors to cease.
Further allegations included using his government vehicle for personal visits with women and engaging in sexual relations while on-duty in the vehicle. This conduct was also cited under Guideline E. The judge found that the applicant failed to mitigate the government's concerns, specifically noting that his inappropriate sexual relationships compromised his federal agency cases.
The denial was based on the applicant's lack of judgment, his dishonesty to his supervisor, and his failure to obey an order. These actions were deemed to make him vulnerable to coercion, exploitation, or duress, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant engaged in inappropriate sexual relationships with women associated with his federal agency cases, compromising those cases.
- He lied to his supervisor about the relationships and failed to obey an order to cease contact with one of the women.
- His actions reflected a lack of judgment and made him vulnerable to coercion, exploitation, or duress.
Conditions Referenced
- D13(a)appliedSexual Behavior of a Criminal Nature
- D13(c)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D13(d)appliedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- E16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E16(b)appliedDeliberately Providing False or Misleading Information
- E16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation
- D14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances
- D14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- D14(d)rejectedThe Sexual Behavior Is Strictly Private, Consensual, and Discreet
- E17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
- E17(e)appliedThe Individual Has Taken Positive Steps to Reduce Vulnerability to Exploitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 28, 2015
- Answer filedFeb 23, 2015
- Hearing heldJul 15, 2015
- Decision dateNov 21, 2015
Cite For
- Security Concerns Under Guideline D Related to Sexual Behavior Involving Witnesses
- Security Concerns Under Guideline E Regarding Personal Conduct and Dishonesty
- The Importance of the Whole-person Concept in Security Clearance Evaluations