Summary
A senior designer for a defense contractor was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct) due to a history of serious sexual misconduct involving his minor daughters. The Statement of Reasons detailed allegations that the applicant sexually molested and fondled one of his minor daughters on multiple occasions. Additionally, the applicant had a criminal record, including a conviction for assault and battery, alongside the sexual misconduct.
The adjudicator identified several disqualifying conditions under both guidelines, specifically D.1, D.3, D.4, J.1, and J.2, reflecting the severity and criminal nature of the applicant's past actions. While the applicant demonstrated motivation for rehabilitation and progress in treatment, and mitigating condition D.4 was applied, these efforts were ultimately deemed insufficient.
The denial was based on the repeated nature of the sexual misconduct, which constituted serious criminal offenses. The adjudicator concluded that the applicant's past behavior demonstrated a profound lack of judgment and discretion, posing an unacceptable security risk. Consequently, the claims of rehabilitation did not adequately mitigate the concerns arising from his extensive criminal and sexual misconduct history.
Why the applicant was denied
- The applicant engaged in repeated sexual misconduct with his minor daughters, which is a serious criminal offense.
- The applicant's past behavior demonstrated a lack of judgment and discretion, raising security concerns under both Guideline D and Guideline J.
- The applicant's claims of rehabilitation were insufficient to mitigate the risks associated with his past conduct.
Conditions referenced
- D.1raisedSexual Behavior of a Criminal Nature
- D.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Undue Influence or Coercion
- D.4raisedSexual Behavior of a Public Nature And/or That Which Lacks of Discretion or Judgment
- J.1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J.2raisedA Single Serious Crime or Multiple Lesser Offenses
- D.4rejectedThe Behavior No Longer Serves as a Basis for Undue Influence or CoercionThe applicant's past sexual misconduct with his daughters continues to raise security concerns.
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 issuedJan 30, 1997
- Answer filedFeb 26, 1997
- Hearing heldApr 16, 1997
- Decision dateOct 1, 1997
Cite for
- Security Concerns Related to Sexual Misconduct Under Guideline D
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Insufficient Mitigation of Security Risks Despite Evidence of Rehabilitation Efforts