Summary
A 50-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant had a history of voyeurism and public sexual activities, including exposing himself to other men and participating in masturbation, which began in the mid-1980s and continued until August 2001, two months before his hearing. This behavior occurred despite holding a Top Secret clearance from 1995 to 1998 and a Secret clearance from 1998 until the hearing date.
In May 1995, the applicant was arrested and found guilty of Disturbing the Peace after exposing himself to an undercover police officer, an activity he admitted to engaging in "half a dozen times" previously. He sought treatment for a diagnosed sexual compulsive disorder, attending Sexual Compulsive Anonymous meetings from May 1995 to November 1996 and again from mid-1998 to Fall 1998. He also participated in group therapy from March 1996 to June 1997 and received psychiatric treatment from June 1996 to March 1997.
Despite these interventions, the applicant continued the inappropriate sexual activities, even though he expressed a preference not to. While a recent psychological diagnosis indicated he was not "sexual compulsive," he could not assure that the behavior would cease. The clearance was denied because the applicant's persistent conduct, spanning approximately 15 years, demonstrated poor judgment and unreliability, with no assurance of future cessation. Guideline D was found against him, while Guideline E was found in his favor due to the absence of coercion risk.
Why the applicant was denied
- The applicant engaged in inappropriate sexual behavior over a period of about 15 years, continuing until two months prior to the hearing.
- The applicant could not provide assurance that he would not continue this conduct, demonstrating poor judgment and unreliability.
Conditions referenced
- D.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D.4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- E.4notedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- D.4rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant could not assure that he would not continue his inappropriate sexual conduct.
- E.5notedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
Key rule quoted
“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations at all times and in all places.”
Procedural posture
- SOR issuedJun 26, 2001
- Answer filedJul 25, 2001
- Hearing heldOct 11, 2001
- Decision dateNov 7, 2001
Cite for
- Denial of Security Clearance Due to Long-term Inappropriate Sexual Behavior Under Guideline D
- Lack of Assurance Against Future Misconduct as a Basis for Denial
- Finding in Favor of the Applicant Under Guideline E Due to Absence of Coercion Risk Despite Poor Judgment.