Summary
A 30-year-old defense contractor's security clearance was granted despite allegations under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). These allegations stemmed from his conviction for Criminal Sexual Contact of a Minor, for which he was arrested and charged on October 11, 1995, with two counts of a third-degree felony. The Statement of Reasons also noted his admission to a pattern of inappropriate conduct with his stepdaughter, suggesting compulsive sexual behavior, and raised concerns that his past behavior could subject him to undue influence or coercion.
However, the judge found that significant mitigating factors outweighed these disqualifying conditions. The applicant demonstrated a strong commitment to ongoing therapy and treatment for his sexual behavior. Crucially, there was no evidence of subsequent misconduct of a similar nature since his last offense in August 1995.
Additionally, witnesses provided testimony affirming the applicant's good character and a lack of further questionable judgment. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated a commitment to ongoing therapy and treatment for his sexual behavior.
- There was no evidence of subsequent misconduct after the applicant's last offense in August 1995.
- Witnesses testified to the applicant's good character and lack of further questionable judgment.
Conditions referenced
- D.1raisedSexual Behavior of a Criminal Nature
- J.1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- D.2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
- D.3appliedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional Instability
- D.4appliedThe Behavior No Longer Serves as a Basis for Undue Influence or Coercion
- I.1appliedThere Is No Indication of a Current Problem
- I.2appliedRecent Diagnosis by a Credentialed Mental Health Professional That an Individual's Previous Emotional, Mental, or Personality Disorder Is Cured or in Remission and Has a Low Probability of Recurrence or Exacerbation
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 access to classified information.”
Procedural posture
- SOR issuedDec 3, 1996
- Answer filedDec 20, 1996
- Hearing heldFeb 19, 1997
- Decision dateApr 30, 1997
Cite for
- Mitigating Factors for Sexual Behavior Under Guideline D
- Impact of Ongoing Treatment on Security Clearance Eligibility
- Consideration of Character Witnesses in Security Clearance Cases