Summary
A 63-year-old security officer for a defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant was found to have engaged in inappropriate sexual touching of female employees at a hospital where he worked, resulting in his termination. Additionally, he admitted to having sexual relations with women other than his wife, a fact his wife was unaware of, which raised concerns about potential coercion or exploitation.
During the security investigation, the applicant deliberately failed to inform investigators of his actions, fearing the loss of his security clearance. This act of dishonesty further contributed to the denial. The judge determined that the applicant's conduct demonstrated a lack of discretion and judgment.
Ultimately, the applicant failed to mitigate the security concerns raised by his inappropriate sexual conduct and his deliberate misrepresentation to investigators. Consequently, his security clearance was denied.
Why the Applicant Was Denied
- Applicant engaged in inappropriate sexual touching of female employees, leading to termination from his job.
- He admitted to having sexual relations with women other than his wife, which posed a risk of coercion or exploitation.
- Applicant provided false information to security investigators, failing to disclose his inappropriate conduct.
Conditions Referenced
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A4.1.2.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A4.1.2.4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- E2.A5.1.2.3raisedDeliberately Providing False and Misleading Information Concerning Relevant and Material Matters to an Investigator
- E2.A4.1.3.2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar NatureThe last known incident of inappropriate touching was late 2000, but the applicant's admission of sexual relations was recent.
- E2.A4.1.3.4rejectedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional InstabilityThe applicant's history of insubordination and false statements indicates ongoing issues.
- E2.A4.1.3.4rejectedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or DuressThe applicant's failure to inform his wife of his actions maintains the potential for coercion.
- E2.A5.1.3.1rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or ReliabilityThe applicant's false statements were directly relevant to his trustworthiness.
- E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Confronted with the FactsThe applicant did not correct his false statements until confronted by investigators.
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedJun 16, 2005
- Answer filedJul 18, 2005Applicant admitted allegations under both Guidelines D and E.
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateDec 30, 2005
Cite For
- Security Concerns Related to Inappropriate Sexual Behavior Under Guideline D
- Impact of Dishonesty on Security Clearance Eligibility Under Guideline E
- Failure to Mitigate Security Concerns Despite Admissions of Misconduct