Summary
A 64-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The Statement of Reasons alleged that the applicant fondled his stepdaughter's breasts on three occasions between 1996 and 1998, when she was between 11 and 13 years old. Additionally, DOHA alleged the applicant was arrested and charged with felony criminal sexual contact of a minor.
The applicant admitted to the fondling incidents, which were deemed a serious criminal offense. Disqualifying conditions were raised under both guidelines. While several mitigating conditions were considered, the judge found that the applicant failed to establish any applicable mitigating conditions for his criminal conduct or sexual behavior.
The denial was based on the serious nature of the admitted conduct, the lack of evidence of rehabilitation or treatment, and the applicant's failure to complete a psychological evaluation prior to the hearing. Ultimately, the judge concluded that the applicant did not mitigate the serious nature of his past criminal conduct and sexual behavior, resulting in the denial of his security clearance.
Why the applicant was denied
- Applicant admitted to fondling his stepdaughter on three separate occasions, which is a serious criminal offense.
- The applicant did not establish any mitigating conditions that applied to his criminal conduct or sexual behavior.
- There was no evidence of rehabilitation or treatment for his past behavior, and he failed to complete a psychological evaluation before the hearing.
Conditions referenced
- DC E2.A10.1.2.1raisedAdmission of Criminal Conduct
- DC E2.A10.1.2.2raisedSerious Offense
- DC E2.A4.1.2.1raisedCriminal Sexual Behavior
- DC E2.A4.1.2.3raisedVulnerability to Coercion
- MC E2.A10.1.3.1appliedNot Recent Criminal Behavior
- MC E2.A10.1.3.2rejectedIsolated IncidentThe offenses occurred on three separate occasions.
- MC E2.A10.1.3.3rejectedPressure No Longer Present
- MC E2.A10.1.3.4rejectedNot Voluntary
- MC E2.A10.1.3.5rejectedAcquitted
- MC E2.A10.1.3.6rejectedSuccessful RehabilitationNo evidence of rehabilitation was presented.
- MC E2.A4.1.3.1rejectedBehavior Occurred During AdolescenceApplicant was 55 years old at the time of the offenses.
- MC E2.A4.1.3.2appliedNot Recent and No Subsequent Conduct
- MC E2.A4.1.3.3rejectedNo Evidence of Questionable Judgment
Key rule quoted
“An applicant "has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance."”
Procedural posture
- SOR issuedJun 8, 2006
- Answer filedAug 1, 2006
- Hearing heldSep 15, 2006
- Decision dateOct 31, 2006
Cite for
- Serious Criminal Conduct Under Guideline J
- Failure to Mitigate Sexual Behavior Concerns Under Guideline D
- Importance of Rehabilitation Evidence in Security Clearance Cases