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If the evidence did not support the decision and/or sufficient weight was not given to the applicant’s mitigating evidence, the applicant may be successful in having the decision reversed by a PSAB. PABs affirm clearance denials in a large majority of appeals.On the first Sunday in May, 32,000 cyclists of all skill levels come from around the world to roll through every borough of New York City on streets totally free of cars.
Most sexual misconduct is either not a potentially disqualifying condition for a security clearance or can be fully mitigated by “passage of time without recurrence” and the absence of any susceptibility to blackmail or coercion.Occasionally an adjudicator’s decision can be arbitrary or capricious.Fortunately every security clearance applicant has a right to appeal an adverse decision to a Personnel Security Appeal Board (PSAB).Many of these issues did not surface during standard investigations for security clearances, but surfaced during polygraph examinations required as part of the processing for access eligibility for Sensitive Compartment Information (SCI).Guideline D: Sexual Behavior of the December 2009 Sexual behavior that involves a criminal offense, indicates a personality or emotional disorder, reflects lack of judgment or discretion, or which may subject the individual to undue influence or coercion, exploitation, or duress can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.Only 2 cases cited extramarital affairs, and both of these cases involved current sexual relationships about which their spouses were unaware.
Involvement with prostitutes was cited in 4 cases, 5 cases cited possession of child pornography, and 15 cases cited sexual acts with children.
Under certain circumstances adultery in the military can also be a criminal offense.
Eliminating the potential for coercion usually requires disclosing the conduct to a spouse and possibly to others, such as an employer if a work associate is involved or the spouse of the other person.
When sexual behavior is a potential disqualifying condition, adjudicators must consider the following factors in addition to the specific disqualifying and mitigating conditions listed at Guideline D: Do all adjudicators consistently apply the Adjudicative Guidelines when making security clearance determinations, particularly when sexual behavior is an issue?
Do some adjudicators sometimes measure an applicant’s conduct against their own personal moral standards?
Allegations of sexual harassment are rarely considered under Guideline D.