Summary
A 59-year-old engineer with over 40 years of service was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), I (Psychological Conditions), and J (Criminal Conduct). The primary issue stemmed from a 2000 guilty plea to child molestation and assault involving his 12-year-old stepdaughter. In September 1999, the applicant rubbed his stepdaughter's back with lotion under her clothes, an act she later reported as touching her breasts. This led to a police investigation, a failed polygraph, and ultimately, a guilty plea in November 2000 to avoid trial.
Further concerns arose from the applicant's failure to fully disclose relevant information. He did not inform his employer of his guilty plea and did not fully disclose his treatment or participation in sex offender therapy groups on his Security Clearance Application (SF 86). While he did report his arrest for child molestation and assault on his 2004 SF 86, he stated he was unaware of any company requirement to report adverse information and considered his mental health treatment personal.
Despite completing probation and therapy, the judge found that the applicant had not sufficiently mitigated the security concerns. Specific issues included the potential for coercion due to his lack of disclosure to his employer and the absence of an expert prognosis regarding his psychological condition. Consequently, the applicant's request for a security clearance was denied.
Why the applicant was denied
- The applicant's guilty plea to child molestation and assault raised significant security concerns.
- The applicant failed to disclose his criminal history to his employer, increasing the risk of coercion.
- The applicant did not provide sufficient evidence to mitigate the security concerns, including a lack of expert prognosis.
Conditions referenced
- DC 1raisedSexual Behavior of a Criminal Nature
- DC 3raisedSexual Behavior That Causes Vulnerability to Coercion
- DC 4raisedSexual Behavior Reflecting Lack of Discretion or Judgment
- MC 2rejectedBehavior Not Recent with No Subsequent ConductThe applicant's behavior occurred in 1999, but he remained on probation until 2002 and is a registered sex offender.
- MC 3rejectedNo Evidence of Questionable Judgment or Emotional InstabilityConcerns remain due to the applicant's lack of disclosure and the nature of his past conduct.
- MC 4rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's failure to inform his security office of his criminal convictions raises ongoing concerns.
Key rule quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural posture
- SOR issuedMar 31, 2006
- Answer filedApr 23, 2006Notarized response admitting allegations.
- Hearing heldAug 16, 2006Applicant waived 15-day notice provision.
- Decision dateJan 31, 2007
Cite for
- Security Concerns Related to Criminal Sexual Behavior Under Guideline D
- Impact of Failure to Disclose Criminal History on Security Clearance Eligibility
- Consideration of Potential for Coercion in Security Clearance Decisions