Summary
The applicant, a 54-year-old employed by a U.S. Government contractor, sought to retain a Secret personnel security clearance. The case involved allegations of criminal conduct and sexual behavior, specifically the applicant's admission to inappropriate sexual conduct with his disabled daughter. The judge denied the application, citing the serious nature of the offenses and the lack of evidence of rehabilitation.
Under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Applicant engaged in sexual behavior of a criminal nature, specifically involving his daughter (2.a). The Applicant's sexual behavior was compulsive or indicative of a personality disorder (2.b). The Applicant's sexual behavior subjects him to undue influence or coercion (2.c). The Applicant fondled his daughter's breasts and vagina while bathing and changing her diapers, which progressed to rubbing his penis against her vagina and inserting his penis into her vagina (1.a). The Applicant was arrested on July 28, 1995, for attempted sexual battery of a person 12 years of age or older who is known to be mentally defective, which is a felony under state law (1.b).
The judge denied the clearance. The government raised disqualifying conditions J1, J2, D1, D2, D3. The decision turned on the following: The applicant admitted to committing felony sexual offenses against his daughter; The conduct involved a significant breach of trust and familial obligations; The applicant remains under court-ordered therapy and probation, indicating ongoing issues.
Why the Applicant Was Denied
- The applicant admitted to committing felony sexual offenses against his daughter.
- The conduct involved a significant breach of trust and familial obligations.
- The applicant remains under court-ordered therapy and probation, indicating ongoing issues.
Conditions Referenced
- J1raisedCriminal Conduct
- J2raisedSerious Crime
- D1raisedSexual Behavior of a Criminal Nature
- D2rejectedCompulsive or Addictive Sexual BehaviorNo direct evidence of compulsive behavior was found.
- D3rejectedSexual Behavior Causing Vulnerability to Coercion
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 issuedOct 22, 1996
- Answer filedNov 17, 1996Applicant responded to allegations.
- Hearing heldFeb 20, 1997
- Decision dateApr 23, 1997
Cite For
- Criminal Conduct as a Disqualifying Factor Under Guideline J
- Sexual Behavior as a Disqualifying Factor Under Guideline D
- Lack of Mitigating Conditions for Serious Offenses