Summary
A 60-year-old computer systems administrator for a defense contractor was denied a security clearance based on Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed primarily from a 2001 state court conviction for aggravated criminal sexual abuse involving his eight-year-old daughter, specifically for fondling her breast.
Further concerns arose from the applicant's personal conduct, including a false statement made to a government investigator in June 2003. His engagement in the criminal sexual abuse was also cited as increasing his vulnerability to blackmail. The applicant's persistent denials of culpability, despite the evidence, were deemed dishonest and undermined his trustworthiness.
The judge found that the applicant failed to mitigate the security concerns related to his criminal conduct, personal conduct, and sexual behavior. His refusal to acknowledge his actions also prevented him from completing required treatment programs. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant was convicted of aggravated criminal sexual abuse, which raised significant security concerns.
- The applicant's continued denials of the conduct were not credible and undermined his trustworthiness.
- The applicant failed to complete required treatment programs due to his refusal to acknowledge his actions.
Conditions referenced
- J1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J2raisedA Single Serious Crime or Multiple Lesser Offenses
- E1appliedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, or Other Acquaintances
- E3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
- E4appliedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- E5appliedA Pattern of Dishonesty or Rule Violations
- D1appliedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- D3appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- D4appliedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedFeb 27, 2004
- Answer filedMar 31, 2004
- Hearing heldJun 28, 2004
- Decision dateDec 9, 2004
Cite for
- Credibility of Applicant's Denials in Light of a Criminal Conviction
- Impact of Failure to Complete Treatment Programs on Security Clearance
- Application of Disqualifying Conditions Under Guidelines D, E, and J