Summary
A defense contractor engineer was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from a history of sexually assaulting his minor stepdaughter, leading to multiple criminal charges and a deferred adjudication sentence.
In March 1999, the applicant was indicted for aggravated assault of a child and three counts of sexual assault of a child, occurring on or about July 15, 1997. He pleaded guilty and received a 10-year deferred adjudication, beginning August 1999, with probation conditions including sex offender registration, monthly reporting, yearly polygraphs, drug/alcohol evaluations and tests, and weekly sex offender treatment for three years, along with a fine and court costs. Identical charges from an October 8, 1998 sexual assault of a minor also resulted in a guilty plea, a 10-year deferred adjudication, and the same probation terms.
Despite completing a treatment program and demonstrating some progress, the judge found insufficient evidence to mitigate the security concerns. The applicant's criminal behavior was deemed serious and not isolated, involving multiple offenses over time. Ultimately, the judge concluded that the applicant could not be trusted to avoid future misconduct, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a history of sexually assaulting his minor stepdaughter, which raised significant security concerns.
- The applicant's criminal behavior was deemed serious and not isolated, as it involved multiple offenses over a period of time.
- The judge found that the applicant's progress in treatment did not sufficiently mitigate the risks of future misconduct.
Conditions Referenced
- DC 1raisedAllegations or Admission of Criminal Conduct.
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- DC 1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
- DC 3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
- MC 1rejectedThe Criminal Behavior Was Not Recent.The judge found that the applicant's criminal behavior was not recent but did not consider this sufficient to mitigate security concerns.
- MC 2rejectedThe Crime Was an Isolated Incident.The judge determined that the applicant's offenses were not isolated incidents.
- MC 6rejectedThere Is Clear Evidence of Successful Rehabilitation.The judge concluded that the applicant's progress in treatment did not provide clear evidence of successful rehabilitation.
Key Rule Quoted
“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”
Procedural Posture
- SOR issuedMay 31, 2002
- Answer filedJul 5, 2002
- Hearing heldSep 11, 2002
- Decision dateDec 5, 2002
Cite For
- Denial of Security Clearance Due to Serious Criminal Conduct Under Guideline J
- Impact of Sexual Behavior on Security Clearance Eligibility Under Guideline D
- Insufficient Evidence of Rehabilitation in Cases Involving Sexual Offenses