PSH-21-0112 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline I (Psychological Conditions) and Guideline J (Criminal Conduct)

On December 27, 2021, an Administrative Judge determined that the Individual's access authorization under   10 C.F.R. Part 710 should not be restored. The Individual is employed as a DOE contractor in a position that requires him to hold a DOE security clearance. The Individual submitted an Incident Report to the Local Security Office (LSO) in August 2020, regarding a physical altercation he had with his son. The Individual was later examined by a DOE contractor Psychologist.

In a Notification Letter, the LSO alleged that the derogatory information raised security concerns under Guideline I (Psychological Conditions) and Guideline J (Criminal Conduct) of the Adjudicative Guidelines. As derogatory information under Guidline I, the LSO relied on the DOE Psychologist's conclusion that the Individual met the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) criteria for Posttraumatic   Stress Disorder (PTSD). Under Guideline J, the LSO relied in part on the fact that State and local police departments had initiated an investigation of the Individual for Abuse of a Child- Intentional and Interference with Communications, after the Individual's physical altercation with his son.

At the hearing, the Individual presented testimony from his therapist that he had been receiving dialectical behavioral therapy in preparation for receiving Movement Desensitization and Reprocessing (EMDR) therapy. The Therapist stated that once she begins doing EMDR therapy with the Individual, she hopes that it will help the Individual resolve any trauma- related issues he's had from his past. The DOE Psychologist testified that the Individual had made progress in treating his PTSD and that his prognosis was "fair" at the time of the hearing. However, she noted that a complete course of three months of EMDR therapy would be needed before she could find that his prognosis was improved. Given this evidence, the Administrative Judge found that the Individual had not fully resolved the Guideline I security concerns.

Further, the Administrative Judge found that the Individual had not submitted sufficient evidence to mitigate the Criteria J security concerns. The Individual claimed that he had not grabbed his son in a manner that caused his injuries. He also presented a witness that testified that she had never seen the Individual physically interact with his children. However, the Individual did not present additional evidence to support this claim as to the nature of the incident. Further, the Administrative Judge found that the incident was related to the Individual's PTSD and that the Individual had not fully resolved the concern arising from is PTSD. Consequently, the Administrative Judge found that the Guideline J concerns had not been resolved.

Based on the testimony of all witnesses and the evidence submitted, the Administrative Judge concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21-0112 (Richard A. Cronin, Jr. 240-449-6081).