Summary
A 28-year-old computer modeler was denied a Secret security clearance due to concerns under Guideline D (Sexual Behavior). The denial stemmed from past sexual conduct, including criminal behavior and a lack of discretion. Specifically, the applicant engaged in criminal conduct of a sexual nature on July 30, 1992, and participated in ménage à trois activities until the summer of 1994.
Further concerns arose from the applicant's continued joking about ménage à trois activities with a co-worker, which demonstrated questionable judgment. While the judge found that the applicant was unlikely to engage in such activities in the future and did not commit indecent exposure or sexual harassment, the past criminal conduct and lack of discretion were significant.
Disqualifying conditions related to criminal conduct and a pattern of poor judgment were raised. Although mitigating conditions acknowledging the passage of time and evidence of rehabilitation were applied, they were insufficient to overcome the security concerns. The applicant's engagement in a 1992 sexual assault and a pattern of indiscreet sexual behavior ultimately led to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant engaged in criminal conduct of a sexual nature, including an incident of sexual assault in 1992.
- The applicant's sexual behavior reflected a lack of discretion and judgment, as evidenced by his past ménage à trois activities and inappropriate workplace conduct.
Conditions Referenced
- DC 1raisedSexual Behavior of a Criminal Nature
- DC 4raisedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
- MC 2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar NatureThe applicant's recent conduct, including joking about past activities, demonstrated ongoing questionable judgment.
- MC 3rejectedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional InstabilityThe applicant's past behavior and recent workplace incidents indicated a lack of sound judgment.
Key Rule Quoted
“The clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedApr 29, 1997
- Answer filedMay 20, 1997Signed and sworn on May 24, 1997
- Hearing heldJul 24, 1997
- Decision dateAug 12, 1997
Cite For
- Criminal Conduct Related to Sexual Behavior Under Guideline D
- Lack of Discretion in Personal Conduct Affecting Security Clearance
- Impact of Past Behavior on Current Security Eligibility