Removed from TS/SCI role after 6 years with no official explanation

SECURITY CLEARANCE Q&A
1

I was Prior military with TS/SCI & CI Poly for nearly a decade. When I got out, I stepped into a contract role at an IC agency in a role allowing Conditional Certified Access (CCA) since I needed reinvestigation & FS Poly.

Did everything asked prior to working. It took nearly a year and a half to get scheduled. I checked with the companies FSO before the 1 year mark, and was told to wait to receive notification when it gets scheduled. The examiner claimed I ‘failed’, but there was nothing to disclose, nothing to admit, and I answered what was asked.

years pass and I hear nothing, still working in the role. recently I get a notification for another poly. I honestly thought it was a follow up reinvestigation because it was about that time. Meet with the examiner who informed me this is in regards to my original clearance adjudication when I started the role. After the interview I was told it would be inconclusive.

Shortly after, get a third scheduled. Just before the date, a significant situation developed with a family member. This person has health issues and there have been several periods over the years where significant concern for loss of life is relevant. I almost needed to leave on short notice to help my family. While I was able to attend, and did my best to conduct the examination, I was incredibly unnerved given the circumstances.

I bring this to my examiners attention candidly. This person continues to be absolutely egregious. While I would never describe a poly as pleasant, this person would repeatedly demean me, infer I was stupid or lying for not remembering details from years past, and repeatedly ask questions that seemed well outside the scope of relevancy during the post-poly interview, all the while accusing me of unprofessionalism while I do my best to conduct myself appropriately.

A week later I get called into the site’s security office, credentials taken and escorted out in front of people I’ve worked alongside for years. Only official document provided is my access is revoked while my investigation is still ongoing, and since it’s not a denial I cannot appeal.

My current FSO is quite slow to respond, and I’m effectively unemployed but not officially let go yet. I was able to have a friend put me in touch with security at another company who says the only record they see as of now is my TS is dated back over a decade ago from when I was a service member.

I fully appreciate that access to this work is a privilege and not a right. But I am being effectively denied my clearance, removed from my place of work, denied any appeals process, and any questions I have I get told to contact my FSO, who either doesn’t know, doesn’t care, or doesn’t have the time.

After well over a decade in TS/SCI spaces and 6 years with no adjudication where I’m now looking for a way to pay the bills due to what has happened, I don’t know what options or rights I actually have here…

2

Sorry to hear that. I think we all know what agency it is. They are very unprofessional in this regard.

Sorry to hear that. I think your clearance is probably suspended until a new investigation is done. They are “supposed” to do an expedited investigation that is to be completed in 30 days but maybe things have changed in the last 10 years. The other problem I see is that according to them, you failed your poly a few times. There is noway to appeal a poly result so your time at that agency is probably done. I’m not sure the new investigation will help given that. They will probably just “deny” you based on the poly. Almost certainly if its CIA.

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Latest update isn’t the worst news…but it’s leaving me even further confused. I’m told:

  • I can reapply as a contractor in 18 months
  • I can apply directly for civilian roles now, apparently it can either reinitiate a separate investigation now or policy allows more discretion for more Poly examination count.

What I can’t wrap my head around, is this just seems like intentional avoidance of sending it to adjudication. If the only issue is technical readings from a polygraph, you shouldn’t have “adverse action” according to SEAD4. So instead of doing that and allowing an appeal, they are just refusing to adjudicate it at all…

Is this territory where I should start calling my congressperson to see if they can make an inquiry and push for adjudication? I’m not saying I deserve access, but I think I deserve an actual answer.

4

You can ALWAYS contact your congressperson and ask for help. Unfortunately, that’s just the way it is. The guvvies hold all the power over the contractors and sometimes they just don’t want to deal with the human issues that contractors have. It’s often easier just to find a new contractors with less issues . Perhaps they are doing you a favor by not adjudicating.

5

Are there any benefits by not adjudicating?

6

Unfortunately, congressmen have no power to do anything here. Did you say you have an active eligibility in SC or DISS that is not dependent on adjudication with this agency?
If so, i would run, not walk away from that agency and look for opportunities elsewhere. They may be doing you a favor by not moving to adjudication where you will most definitely be denied based on whet they are saying.

7

I’m still trying to get an answer on that. I think the answer is neither show anything active, because the investigation that started in 2021 never went to adjudication. It’s also been made clear that anywhere I try to go, this will show up and can impact eligibility there.

I don’t expect any congressperson to be able to get me access or anything, but over 5 years for an investigation with no official adjudication for TS or SCI and no official explanation as to why it never adjudicated seems so off putting. If there is any chance a congressional inquiry would either give me a proper explanation in writing or move it into adjudication to allow for any resolution (for better or worse) that feels like a preferred outcome to this Limbo-Land.

8

If your congressman or Senator are on the intelligence or defense committees they will have more leverage than others.

9

Correct. But not much. I had Marco Rubio try to get involved in mine but there was nothing he could do.

10

Good Luck. You are wasting your time contacting a Congressman. Senator Van Hollen was told to pound sand when an OIG investigation disappeared regarding the destruction of evidence for a polygraph exam (audio recording) that was deliberately destroyed. Polygraphs are used to take adverse actions on innocent people everyday. Our laws mean nothing. See the Van Hollen and OIG menus on our website. secretservicepolygraph.com

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11

One of the issues I’ve seen: you have an open investigation, unresolved, finished, adjudicated. No other agency knows what has been scoped, are there any issues, etc I’ve seen agencies say “unadjudicated info” cannot proceed. SCI owners can decide on a whim you are not suitable. Throw in poly…I’ve had a couple bad ones.

12

Not really…unless they let you work while waiting. Any investigation sitting out there with unadjudicated info…can stop other investigations

13

This agency has a standard policy of only allowing 3 poly fails before revoking your conditional access. It’s a suitability thing related to your SCI and congresspeople will not be able to help, it’s agency policy that they have no say over. Your contract has the option to say you’re high value and can request to submit you for a 4th poly but they have to explicitly request it. Your current employer can keep you “employed” to keep the process going while you go get a temp job in the meantime.

I had the exact same situation, failed 3 polys and got walked out. Luckily, the contract really needed/wanted me for the role and submitted a request for a 4th poly that I passed but I could not work on that contract while waiting. It took 4 months for me to get a 4th poly scheduled and taken and read back onto the contract.

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