Access Authorization Denied; Guidelines D and E
Office of Hearings and Appeals
January 10, 2025On January 10, 2025, an Administrative Judge (AJ) determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored.
A DOE element had issued a report (the Report) finding that the Individual abused his authority as a Federal employee while mentoring and overseeing contract employees; sexually harassed contract employees; engaged in behaviors, sexual remarks, and innuendos that violated DOE policy for unprofessional and offensive conduct that can reasonably be considered to adversely affect the work environment; and created a hostile work environment. The Individual contended that the report was inaccurate and was issued in order to retaliate against him for encouraging employees to raise their EEO concerns to the appropriate officials. The AJ found that some of the findings in the Report raised security concerns and that the Individual had not shown that such allegations were unsubstantiated.
The AJ therefore concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0187, Fine)