ISCR Case 99-0018.h1

Case Headnote

ISCR Case No. 99-0018.h1

grantedDec 20, 1999· Hon. Richard A. Cefola· hearing

Summary

A 30-year-old defense contractor employee was granted a security clearance despite concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The allegations stemmed from multiple incidents in early to mid-1997. These included brushing the breasts of two 15-year-old girls on two occasions while handing them his baby, and in March 1997, attempting to touch a 24-year-old female student and asking if he could touch her breasts, which she refused. Also in March 1997, he repeatedly brushed the breasts of two sisters, aged approximately 13 and 15, during a basketball game, attempting to make it appear unintentional.

Further issues arose in June 1997 when he violated probation by intentionally brushing the breasts of a 17-year-old girl multiple times, again trying to make it seem unintentional. This led to an additional 54 days in jail and renewed probation.

The judge ultimately granted the clearance, finding that the applicant had successfully completed a rehabilitation program and demonstrated remorse. Key mitigating factors included the absence of subsequent criminal sexual behavior for over two years and a clinician's letter providing clear evidence of successful rehabilitation. The conduct was also noted as not recent.

Why the Applicant Prevailed

The applicant successfully completed a rehabilitation program and demonstrated a commitment to change.
There was no evidence of subsequent criminal sexual behavior for over two years.
The clinician's letter provided clear evidence of successful rehabilitation.

Conditions Referenced

Disqualifying

D.1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
J.1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
J.2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

D.2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
J.1appliedThe Criminal Behavior Was Not Recent
J.5appliedThere Is Clear Evidence of Successful Rehabilitation

Key Rule Quoted

“"Each clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2, including as appropriate: a. Nature and seriousness of the conduct and surrounding circumstances."”

Procedural Posture

SOR issuedJan 8, 1999
Answer filedFeb 12, 1999
Hearing heldN/ADetermined on a written record.
Decision dateDec 20, 1999Decision on remand.

Cite For

Successful Rehabilitation Under Guideline J
Consideration of Recency in Criminal Conduct
Weight Given to Clinician's Assessment in Mitigation

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a	In early 1997, the Applicant, on two separate occasions, brushed the back of his hand against the breasts of two 15 year old girls when handing them his baby.	For Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis	Documented Successful Rehabilitation
2.a	In March of 1997, he "extended . . . [his] hand toward a female student [of] about 24 years old, to touch her, [he] then asked if he could touch her breasts. She refused, so . . . he did not."	For Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis	Documented Successful Rehabilitation
2.b	Again, "in about Mar 97 . . . [he] brushed the breasts of two sisters, ages about 13 and 15 years old, five or six times, with . . . [his] hands during a basketball game, trying to make it seem unintentional."	For Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis	Documented Successful Rehabilitation
2.c	In June of 1997, however, he violated the terms of that probation when he "intentionally brushed the breasts of a 17-year-old girl . . . five or six times, trying to make it feel unintentional."	For Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis	Documented Successful Rehabilitation
2.d	He was ordered to serve an additional 54 days in jail, and he was again placed on probation.	For Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis	Documented Successful Rehabilitation

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a

In early 1997, the Applicant, on two separate occasions, brushed the back of his hand against the breasts of two 15 year old girls when handing them his baby.

For Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis

Documented

Successful Rehabilitation

2.a

In March of 1997, he "extended . . . [his] hand toward a female student [of] about 24 years old, to touch her, [he] then asked if he could touch her breasts. She refused, so . . . he did not."

For Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis

Documented

Successful Rehabilitation

2.b

Again, "in about Mar 97 . . . [he] brushed the breasts of two sisters, ages about 13 and 15 years old, five or six times, with . . . [his] hands during a basketball game, trying to make it seem unintentional."

For Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis

Documented

Successful Rehabilitation

2.c

In June of 1997, however, he violated the terms of that probation when he "intentionally brushed the breasts of a 17-year-old girl . . . five or six times, trying to make it feel unintentional."

For Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis

Documented

Successful Rehabilitation

2.d

He was ordered to serve an additional 54 days in jail, and he was again placed on probation.

For Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(e) successfully completed or is in an appropriate treatment program, with demonstrated compliance and/or favorable prognosis

Documented

Successful Rehabilitation

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In early 1997, the Applicant, on two separate occasions, brushed the back of his hand against the breasts of two 15 year old girls when handing them his baby.	For Applicant	Sexual Offense Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—
2.a	In March of 1997, he "extended . . . [his] hand toward a female student [of] about 24 years old, to touch her, [he] then asked if he could touch her breasts. She refused, so . . . he did not."	For Applicant	Sexual Offense Criminal	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—
2.b	Again, "in about Mar 97 . . . [he] brushed the breasts of two sisters, ages about 13 and 15 years old, five or six times, with . . . [his] hands during a basketball game, trying to make it seem unintentional."	For Applicant	Sexual Offense Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—
2.c	In June of 1997, however, he violated the terms of that probation when he "intentionally brushed the breasts of a 17-year-old girl . . . five or six times, trying to make it feel unintentional."	For Applicant	Sexual Offense Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—
2.d	He was ordered to serve an additional 54 days in jail, and he was again placed on probation.	For Applicant	Probation or Court Order Violation	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In early 1997, the Applicant, on two separate occasions, brushed the back of his hand against the breasts of two 15 year old girls when handing them his baby.

For Applicant

Sexual Offense Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

—

2.a

In March of 1997, he "extended . . . [his] hand toward a female student [of] about 24 years old, to touch her, [he] then asked if he could touch her breasts. She refused, so . . . he did not."

For Applicant

Sexual Offense Criminal

Conduct No Charge

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

—

2.b

For Applicant

Sexual Offense Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

—

2.c

In June of 1997, however, he violated the terms of that probation when he "intentionally brushed the breasts of a 17-year-old girl . . . five or six times, trying to make it feel unintentional."

For Applicant

Sexual Offense Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

—

2.d

He was ordered to serve an additional 54 days in jail, and he was again placed on probation.

For Applicant

Probation or Court Order Violation

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES