Flasher Overcomes Sexual Behavior Concerns to get Security Clearance

A defense contractor was initially denied clearance eligibility by the DoD due to concerns involving sexual behavior. Specifically, the conduct involved flashing his sexual organs at random people in public. The contractor successfully appealed the decision to the Defense Office of Hearing and Appeals, however, Department Counsel appealed DOHA’s decision, claiming records in the appeal were incomplete. The case was subsequently remanded back to DOHA for review and a new decision. Here are the highlights of the appeal.

The contractor self-reported on his SF86 about being charged by the police in 2018 for exposing his genitals through a window to the university cafeteria where a group of school staff were sitting, and then ran off. The contractor heard about incident reported on campus and then turned himself in to the police. During the interview with the background investigator, he admitted to having exposed himself a handful of other times prior to 2018. After getting charged by the police, he realized he needed help and started seeing a psychologist for treatment. He was diagnosed with having a Mixed Anxiety and Depressed Mood Disorder and an Exhibitionist Disorder. After getting treated for a full year, the psychologist determined his Exhibitionist Disorder was in full remission.

The DOHA judge noted mitigating factors such as the contractor’s full disclosure about his conduct, his voluntary self-referral for treatment and rehabilitation, on-going treatment for the depressive mood disorder and a positive prognosis, and four years have elapsed since the last incident occurred. Using the whole person concept, the judge found in favor of the contractor and granted clearance eligibility. You can read the appeal summary here.