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If You Have Just Been Informed That You Have Been
DENIED Being Granted a Needed Security Clearance, It Might Be A Good Idea
To Initiate An Appeal of The Government's Decision
Your
Access Denied to

[Note - the following presentation was written
by Dr. LeRoy A. Stone, a very senior and well-respected forensic psychologist
who has eared his Forensic Psychology Diplomate from the American Board
of Professional Psychology (ABPP). He earned his Ph.D. degree in
1962, while in academic employment (for almost 20 years), he was
on the faculty of two large major universities where he rose to the rank
of full professor. He completed two years of post-doctoral training
in three USA and one European universities as a U.S. Public Health Fellow.
He has written several books, published more than 225 research articles
in scientific behavioral science journals. In 1997, he retired from
his Chief Research Psychologist position in the USA's largest intelligence
agency, after 24 years of federal service. As a private practice
forensic psychologist he has testified in a number of different states'
district courts, in federal courts, as well as in a large number of state
and federal hearings. Further background information regarding
Dr. Stone can be found in his Web Site, which has the following Internet
address: http://www.home.earthlink.net/~lastone2/home.html.
The above was given
so that the following would be validly seen as having credibility.
If anyone has doubts about Dr. Stone's status in the discipline of psychology,
for the past almost 50 years, they are invited to make an Internet search
with him being the focused upon subject object. Use any major search
engine (i.e., Google, MSN, Yahoo, Alta Vista, etc.) and type in "leroy
a. stone" (italics included) as that to be 'searched' ]
If you have, in the
past year or so, made application for a federal employment position that
requires you to be granted a high-level security clearance as part of the
employment requirements, and have received notice from the involved government
agency/bureau/department that you cannot be further considered as you have
been denied being granted the needed security clearance status -
then
you are strongly urged to carefully read this presented message.
Also, this same suggestion is made if you are a person who has been recently
hired by a federal government contractor for a position for which you must
be eventually granted a specified security clearance status and you have
been informed that you will not be further considered for the position
as you have been denied being granted the needed security clearance.
If you fully accept the
government's denial decision as not surprising as you are aware that you
have very significant problems in your background/history that should be
expected to negatively impact upon a security clearance adjudication, then
do not bother reading the remainder of this message. However, if
you think that someone with your particular background/history should be
successful and be eventually granted the required security clearance status,
then this is for you!
It is foolish to think
that federal governmental security-clearance processing always results
in entirely correct final adjudication decisions. If once can conceptualize
an adjudication decision scale continuum that extends from "Absolutely
Should be Denied" up to "Absolutely Should be Granted," then one
can imagine that any single adjudicated decision lies somewhere on this
continuum. Some decisions are very close to either of the two polar
continuum ends. However, it can be expected that most lie somewhere
in the middle range of this decision scale; some above and some below some
decided-upon cutting score point. Those above this point are granted
the clearance status and those below are denied being granted the required
clearance status. The closer an adjudicated decision is to the cutting
score point, the more likely that a decision error may have taken place.
It can be easily and correctly argued that those right on (or in close
proximity to) the cutting score about as correct as one might find using
a coin toss upon which to base the adjudication decision.
What this means is
that anyone being considered for a security clearance who has some potential
problems or 'garbage' in their background, will most likely end up with
his/her adjudication decision being somewhere close to or in the mid-range
of the adjudication decision continuum scale. This most likely means
that most of the USA citizens, who find themselves being processed/adjudicated
for a potential high-level security clearance, probably end up with the
adjudicated decision, regarding them, being such that a decision error
not only could occur, but that an decision error is not at all unlikely.
Dr. Stone has elsewhere
presented sound psychometric evidence that the 'reliability' of security
clearance granting adjudication decisions most likely should not be considered
to be very high or 'good.' Reliability simply means stability.
An
example can be given here to further explain this psychometric concept.
Consider a weight scale that gives a markedly different weight reading
even when the person being weighed is simply stepping off and on the scale.
No one would argue that this particular scale is providing correct weight
readings as the readings being seen are jumping all over (i.e., they are
not stable, hence not reliable). The basis for arguing that security
clearance adjudication decisions has been published as an article
in the journal, Psychology of Espionage Reports, Vol.
, 2003 ; it has the title of "Reliability and Validity Estimations
for the Personnel Security Standards Psychological Questionnaire (PSSPQ)."
This article can be found at:
http://www.home.earthlink.net/~lastone2/psspqreliabilityvalidity.html.
. More information pertaining to this same subject can be found
at: http://www.home.earthlink.net/~lastone2/adjudicationreliability.html.
If you think that you
have been wronged or 'screwed' by the government's decision to not grant
you a job-required security clearance, what should you do about it?
If you truly believe that you have been incorrectly
denied being granted a security clearance, then quite obviously you should
seek the services of an attorney who specializes, or who has had some past
experience, in dealing with governmental agencies, bureaus, departments
or the like regarding the filing of an legal appeal pertaining to the believed
wrong adjudication decision affecting you. However
you should be aware that such legal counsel usually comes with what most
consider to be a high price. Is there anyway that you can obtain
a sort of 'second opinion' regarding the fact that the government turned
you down for being granted your needed security clearance.? Or put
another way, is there anyway that you can be relatively sure that the government's
opinion regarding your suitability for being granted a security clearance
is likely to be upheld if appealed, or might it be vulnerable to a properly
conducted appeal attempt? There would be little sense in paying an
attorney to file an appeal when in fact you are not at all likely to be
successful with such an attempt.
However, how can one
obtain a sort of highly objective 'second opinion' regarding your chances
for success were you to file for an appeal of your denied status for being
granted a high-level security clearance? Actually, there is a procedure
that exists that may be capable of providing a sort of 'second opinion'
regarding your probabilities of success/failure in ever being granted your
needed security clearance status.
Dr. Stone was recently
introduced to a new use for his PSSPQ testing instrument by a couple PSSPQ
clients who had shortly before received word from government and contractor
officials that they had been denied being granted their needed security
clearances. Both of these PSSPQ clients were each quite independently
strongly believing that there was nothing in their histories or backgrounds
that would warrant their being officially turned down for security clearance
status. Each of these individuals, quite separately (i.e., they had
no knowledge of each other at all) saw Dr. Stone's PSSPQ web pages and
cam to the conclusion that perhaps 'taking' the PSSPQ might be able to
provide them with a objective and scientifically-based prediction of whether
they would be successful or not were they to be processed and adjudicated
for a high-level security clearance.
When the two above
mentioned individuals were administered the PSSPQ, one obtained prediction-results
that indicated a high likelihood of failure in being granted his needed
security clearance. This particular individual was sufficiently impressed
with his PSSPQ based prediction-results that he later informed Dr. Stone
(which was completely this individual's own idea) that he had decided that
it would be fruitless for im to further consider an idea of appealing the
government's decision. The other individual who was administered
the PSSPQ obtained results that suggested that he most likely should expect
being successful in being granted a security clearance but that the probability
for such success was associated with a probability of about 0.65 (i.e.,
not overly high; far from being slam-dunk). At the time of
the writing of this current presentation, Dr. Stone is unaware of whether
this second individual has been successful in his appealing the governmental
decision. However, this individual did inform Dr. Stone that the
attorney he obtained has expressed some optimism regarding the potential
results of filing an appeal. Apparently, his attorney believes that
the government's decision was most likely affected by some quite false
information provided by a informational source. This individual's
set of PSSPQ scales' scores was not at all consistent with information,
from a single source person (who apparently had some dislike for the subject
individual). At this point in time, the individual's attorney has
expressed (to his client) that some sort of meeting or hearing, regarding
this whole matter) is likely to be scheduled in the near future.
What this all means
is that all of the security clearance processings and adjudication decisions
are made by human beings and that, it must be expected, any such decisions
are quite subjective and, not surpassingly, not associated with overly
high judgmental reliability. Any given individual being processed/adjudicated
for a security clearance is evaluated by a number of governmental employees
or contractor employees, who supposedly are expert in being involved in
security clearance evaluations. Were the individual to have filed
his/her application materials one day earlier or later, it is highly likely
that an entire different set of governmental employees or contractor employees
would be involved. Different sets of people can sometimes arrive
at different conclusions, even when presented with exactly the very same
information. If you think that this is not so very true, then consider
most of the US Supreme Court decisions made in the past couple of years.
Most of these Court decisions are 5/4, 6/3 or some other quite 'split-decision.
Another example one can consider is that many of the different sports referees
quite frequently do not see a given sports happening the same way.
It is not at all unusual for boxing referees to see the winner of a boxing
round in quite different directional fashions. Expert witnesses in
court trials are notorious for disagreeing with one another interpretive
conclusions regarding evidence matters.
The PSSPQ Can Be of Real
Assistance if One is Considering the Filing of an Appeal Regarding the
Government's Initial Decision to Deny Granting a Needed Security Clearance
Therefore,
the message here is quite clear. In the event that you have been
turned down by governmental officials regarding you being granted a high-level
security clearance, there really are some reasonable and valid actions
you should consider. If you are uncertain as to whether it
might be a wise or good idea to secure the services of an appropriate attorney
who might file an appeal on your behalf regarding the governmental decision.
If you are considering searching for an appropriate attorney, then your
being administered the PSSPQ might provide information to you that could
prove to be very helpful in your decision-making. The costs for being
administered the PSSPQ are very modest, especially when compared to attorney/legal
fees associated with putting together the basis for a legal appeal regarding
your security clearance failure situation.
In fact, the 'second'
PSSPQ client's (described in a couple of the previous paragraphs) attorney
has communicated to Dr. Stone that for any of his future security clearance
appeals cases, he is going to, prior to starting on any legal work that
could lead to filing an appeal, require his involved clients to submit
to PSSPQ testing. He advised that PSSPQ testing could very soon on
"clarify [his] client's claims considerably."
Anyone who might be considering securing
the services of an attorney to initiate an appeal regarding a security
clearance denial should be strongly advised to choose an attorney
who already had had previous experience (hopefully, lots of it!) in dealing
in such matters with USA intelligence, security, defense, and other governmental
agencies, bureaus and departments. These kinds of governmental entities
have long ago learned to 'stone-wall' more naive and inexperienced
attorneys. Whatever you do, do not select an attorney to assist
you, in these types of cases, who has never before filed any kind of appeal
with the above mentioned class of governmental offices.
As stated at the very
beginning of this presentation, more information regarding the PSSPQ can
be found in this test's index/home page, whose address is: http://www.home.earthlink.net/~lastone2/psspq.html.
For those who already are knowledgeable regarding the PSSPQ, very specific
instructions on the procedure(s) to be followed so as to be administered
the PSSPQ; these instructions can be found at:
http://www.home.earthlink.net/~lastone2/howtotakepsspq.html.
Good Luck!
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