Security Clearance Denial

What Happens on TDY Doesn’t Always Stay on TDY

There is a saying in military circles about what happens when you are on travel to a temporary duty assignment (TDY) stays there. This also applies to DoD civilians and contractors. Well, one DoD contractor found out this is not necessarily true after having his clearance eligibility denied due to his history of making sexual advances towards several women while on TDY. Here are the highlights of his appeal to the Defense Office of Hearing and Appeals:

The contractor, who is married by the way, made unsolicited advances towards a female officer while they were TDY together. She rebuffed his advances and left it at that. However, when scheduled to go TDY again with this same contractor, she reported his behavior for fear he would try again. An investigation ensued and it was discovered he had tried the same thing with numerous other females, and after the investigation for sexual harassment concluded, it was determined he had created a hostile work environment and could not be trusted to be alone with any subordinate personnel. As a result, he was removed from his position in 2019. His subsequent appeal of the removal to the Merit Systems Protection Board was denied as well.

In 2020, the contractor was hired by his current employer performing the same type of work, but also required a clearance. The DoD declined to grant clearance eligibility based on sexual and personal conduct, and his subsequent appeal to DOHA was denied as well, based on conflicting testimony from the contractor and his lack of contrition and credibility. A classic case of what happens on TDY does not always stay on TDY.