Summary
A 41-year-old defense contractor employee was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The applicant had a history of three arrests for lewd and lascivious behavior in public places between 1997 and 2001, to which he pled guilty. These incidents included masturbating in a public park bathroom, kissing and touching another male in his car, and groping an undercover police officer's groin in a public park. For these offenses, he received fines, community service, and unsupervised probation.
The government's Statement of Reasons highlighted that this conduct demonstrated a lack of discretion and judgment, indicating a pattern of high-risk and irresponsible behavior that could make him vulnerable to coercion or exploitation. Although the applicant stated he had not engaged in similar conduct since 2001 and had no plans to return to parks for sexual activity, the judge found these assurances insufficient.
Ultimately, the judge determined that the applicant failed to mitigate the government's concerns regarding his criminal conduct and sexual behavior. The denial was based on his history of lewd and lascivious behavior, a perceived lack of demonstrated rehabilitation or change in behavior since his last arrest in 2001, and the ongoing concern that his past conduct reflected poor judgment and discretion, leaving him vulnerable.
Why the applicant was denied
- The applicant has a history of criminal conduct involving lewd and lascivious behavior in public places, with three arrests between 1997 and 2001.
- The applicant did not demonstrate sufficient rehabilitation or change in behavior since his last arrest in 2001.
- The applicant's conduct reflects a lack of judgment and discretion, making him vulnerable to coercion or exploitation.
Conditions referenced
- E2.A4.1.2.1appliedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A4.1.2.3appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A4.1.2.4appliedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- E2.A10.1.2.1appliedAllegation or Admission of Criminal Misconduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses
Key rule quoted
“No one has a right to a security clearance and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural posture
- SOR issuedDec 21, 2004
- Answer filedJan 19, 2005
- Hearing heldOct 11, 2005
- Decision dateNov 29, 2005
Cite for
- Denial of Clearance Due to Repeated Criminal Conduct Under Guideline J
- Lack of Mitigation for Sexual Behavior Concerns Under Guideline D
- Vulnerability to Coercion Due to Personal Conduct History