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
- 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
- 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