Summary
A 57-year-old technical support specialist for a federal contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The Statement of Reasons detailed that the applicant engaged in criminal sexual misconduct with his stepdaughter from 1978 to 1985. Additionally, the applicant failed to disclose this past sexual misconduct to his employer and did not report the revocation of a previous security clearance on his application. His prior employment termination due to misconduct also raised concerns about his reliability.
The judge found that the applicant's sexual behavior was criminal and made him vulnerable to coercion. Furthermore, the applicant demonstrated a lack of candor by failing to disclose his past misconduct to his employer.
Ultimately, the applicant did not provide sufficient evidence of rehabilitation or mitigating circumstances regarding his past behavior. Consequently, the judge determined that the concerns raised by his sexual behavior were not mitigated, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant failed to disclose his past sexual misconduct to his employer, demonstrating a lack of candor.
- The applicant's sexual behavior was of a criminal nature and made him vulnerable to coercion.
- The applicant did not provide sufficient evidence of rehabilitation or mitigating circumstances regarding his past behavior.
Conditions referenced
- E2.A4.1.2.1raisedSexual Behavior Disqualifying Condition
- E2.A4.1.2.3raisedSexual Behavior Disqualifying Condition
- E2.A5.1.1raisedPersonal Conduct Disqualifying Condition
- E2.A5.1.2.1raisedPersonal Conduct Disqualifying Condition
- E2.A2.1.3.2rejectedSexual Behavior Mitigating ConditionThe mere passage of time and absence of similar conduct does not sufficiently mitigate the disqualifying conditions due to the seriousness and duration of the misconduct.
- E2.A5.1.3.5rejectedPersonal Conduct Mitigating ConditionThe applicant's fear of losing his job due to disclosure of his past behavior indicates vulnerability to coercion.
Key rule quoted
“The decision to deny an individual a security clearance is not necessarily a judgment about an applicant's loyalty.”
Procedural posture
- SOR issuedSep 14, 2005
- Answer filedOct 13, 2005Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateAug 14, 2006
Cite for
- Lack of Candor in Security Clearance Applications Under Guideline E
- Criminal Nature of Past Sexual Behavior Under Guideline D
- Vulnerability to Coercion Due to Undisclosed Past Misconduct