Security Clearance Denial

Surreptitiously Videoing Men in Locker Room Sinks Clearance Eligibility

Occasionally I run across news stories about men getting caught secretly recording women under their dresses while in changing rooms or bathrooms. In an unusual twist, I found a Department of Energy (DOE) Office of Hearing and Appeals case where the clearance applicant was caught recording other men with his phone while they were changing in the locker room. Here are the highlights of the case.

The applicant had worked in a cleared position for a DOE contractor since 2005. In April 2022 he resigned in lieu of termination after being caught recording men in various states of undress or nakedness in the on-site locker room. When questioned about it, he claimed to have been impressed with the physique of one particular man and wanted to keep it in his memory so to aspire to be like him. He was afterwards hired by another DOE contractor and during the course of his background investigation, the reasons for his resignation became known. His response to a Letter of Interrogatory did not mitigate the concerns and he was denied eligibility. He subsequently appealed and during his testimony, admitted to hiding his bisexuality for fear of what his parents would think. The DOE psychologist determined he suffered from Voyeuristic Disorder and recommended counseling as treatment.

The DOE appeals judge credited the applicant with completing the recommended counseling program to alleviate the psychological concerns. However, on the personal conduct concerns, the judge cited the applicant’s attempts to conceal his actions and the fact he was not forthcoming in providing all of the circumstances about why he had resigned from his previous employer on his SF86. The applicant is still susceptible to manipulation or blackmail because he continues to hide his true sexual orientation. Clearance eligibility was denied.