Gonzalez & Waddington, Attorneys at Law defend service members accused of sexual harassment and facing security clearance issues. Many military careers depend on holding a clearance. Even when allegations don’t lead to court-martial, they can still jeopardize or revoke a clearance, ending access to sensitive jobs, promotions, and assignments. This guide explains how harassment allegations impact clearances, what adjudicators look for, and how to defend your eligibility.

Why Security Clearances Are Affected by Harassment Allegations

• Trustworthiness: Harassment allegations raise concerns about judgment, integrity, and respect for rules.
• Blackmail risk: Allegations—especially with digital evidence—can be framed as making you vulnerable to coercion.
• Command climate: Leaders may report substantiated harassment findings as “derogatory information” in clearance reviews.
• Pattern of behavior: Even informal or administrative findings can suggest a “pattern,” damaging clearance renewal chances.

How Allegations Enter the Clearance Process

1. EO/CDI findings: Substantiated complaints are forwarded to command channels.
2. Security manager reports: Command or security officers flag derogatory information in clearance databases (JPAS/DISS).
3. Periodic reinvestigation: Allegations appear during periodic clearance reviews.
4. Incident reports: Allegations may trigger an interim suspension while investigation continues.

Adjudicative Guidelines Affected by Harassment Allegations

• Guideline D (Sexual Behavior): Misconduct of a sexual nature, even without criminal conviction, may raise security concerns.
• Guideline E (Personal Conduct): Dishonesty or poor judgment in harassment cases can trigger denials.
• Guideline J (Criminal Conduct): If harassment leads to NJP or court-martial, it falls under criminal behavior concerns.
• Guideline M (Use of Information Technology): Misuse of digital platforms (texts, DMs, social media) may also be cited.

Consequences of Losing a Clearance

• Loss of billet: Reassignment to non-clearance jobs or administrative holding units.
• Career ceiling: No clearance often means no promotions or advancement.
• Separation: Loss of clearance is often used as a justification for administrative separation.
• Post-service impact: Civilian contractors often require clearances—loss reduces job options after the military.

Defense Strategies for Clearance Holders

• Challenge findings: Rebut EO/CDI results with written statements, witnesses, and digital context.
• Present mitigation: Show that conduct was isolated, uncharacteristic, and corrected.
• Character defense: Provide strong evaluations, awards, and letters from supervisors.
• Legal advocacy: Submit legal rebuttals to clearance adjudicators highlighting lack of due process in EO/CDI findings.
• Appeals: Appeal clearance denials through DoD CAF or service-specific adjudication channels.

Mistakes That Lead to Clearance Loss

• Admitting misconduct in EO/CDI without counsel.
• Deleting digital evidence that could prove context or consent.
• Failing to disclose allegations during clearance renewals—non-disclosure is often worse than the allegation.
• Not hiring civilian counsel experienced in clearance cases.

Clearance Defense Framework

1. Identify which guideline (D, E, J, M) the allegation falls under.
2. Gather rebuttal evidence: texts, emails, witnesses, and context.
3. Provide character and performance history to mitigate impact.
4. File rebuttals and appeals with DoD CAF or adjudicators.
5. If loss is unavoidable, pivot to minimizing separation risk.

Video: Sexual Harassment and Security Clearance Risks

Protect Your Clearance and Career

Security clearance loss often equals career loss. We defend service members with legal rebuttals, digital forensics, and mitigation evidence to preserve access, promotions, and post-service career opportunities.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: Harassment Allegations and Security Clearances