Personnel Security Hearing (PSH)

PSH-18-0054

Personnel Security; Access Authorization Granted; Guidelines G (Alcohol Consumption) and J (Criminal Conduct)

On October 2, 2018, an Administrative Judge issued a decision in which he determined that an Individual should be granted access authorization. In a Notification Letter issued to the Individual on June 13, 2018, the DOE alleged the existence of derogatory information under Adjudicative Guidelines G and J regarding his use of alcohol and two DWI charges. After conducting a hearing, the Administrative Judge determined, among other things, that the Individual had been abstinent from alcohol for close to a year; had successfully completed an early recovery substance abuse program, had been actively participating in an aftercare treatment program, and had been attending a separate monthly group therapy program; and had been complying with the terms of his probation. The Administrative Judge relied upon those findings and the conclusion of the Psychologist to conclude that the Individual had mitigated the concerns related to his use of alcohol. The Administrative Judge also determined that since the Individual’s criminal conduct was the result of his use of alcohol, and his use of alcohol was reformed, the Individual was not likely to reengage in future criminal conduct. Accordingly, the Administrative Judge found that the Individual should be granted access authorization. OHA Case No. PSH-18-0054 (James P. Thompson III).

PSH-18-0056

Personnel Security; Access Authorization Not Granted; Guideline G (Alcohol Consumption), Guideline E (Personal Conduct), Guideline J (Criminal Conduct)

On October 3, 2018, an OHA Administrative Judge issued a decision in which she determined that an Individual's DOE access authorization should not be granted. The LSO's security concerns were based upon the individual's alcohol consumption, criminal behavior, and lack of candor. The Individual had been arrested for and charged with Driving While Intoxicated. He was not honest with the arresting officer or the DOE about how much alcohol he had consumed that evening. Furthermore, it was his second offense, despite his promise to DOE in 2009 to never drink and drive again. The Individual had begun treatment shortly after his arrest, but had multiple relapses, one as recently as five months before his hearing.

At the hearing, the Individual presented evidence that he had been abstinent since May 2018 and that he was active in various treatment plans.  The DOE Psychologist testified that the Individual had not abstained from alcohol long enough to be rehabilitated. After carefully considering the totality of the record, the Administrative Judge found that the Individual had not resolved the concerns raised under Guidelines G, E, or J. Consequently, based on all of the above, the Administrative Judge found that the Individual's access authorization should not be granted. OHA Case No. PSH-18-0056 (Kimberly Jenkins-Chapman).

PSH-18-0061

Personnel Security; Access Authorization Not Restored; Guidelines I (Psychological Conditions)

On October 5, 2018, an OHA Administrative Judge issued a decision in which he determined that an individual's DOE access authorization should not be restored. During a personnel security interview, the individual admitted that she believed that demonic voices had spoken to her on a regular basis and that she had sought psychological treatment in connection with the symptoms. A psychological evaluation conducted by a DOE-contractor psychologist found that the individual suffered from Delusional Disorder and that this disorder could affect the individual's judgment, reliability and trustworthiness. At the hearing, the individual did not dispute the facts presented in the DOE-contractor's psychologist evaluation but asserted that her experiences were consistent with her religious faith and thus she should not be diagnosed as suffering from Delusional Disorder. In addition to her own testimony, in which she asserted that she had last heard these demonic voices in 2011 or 2012 and that she now received godly messages of peace and serenity, she presented testimony from two co-workers. The co-workers testified that the individual was an excellent employee and had not recently experienced the hearing of voices while at the workplace. The DOE-contractor psychologist, after listening to all of the testimony, opined that his opinion was unchanged as to the individual's diagnosis of Delusional Disorder and that his prognosis regarding her condition was guarded since the individual declined to receive psychiatric treatment for her condition. After carefully considering the totality of the record, the Administrative Judge found that the individual had not resolved the concerns raised under Guideline I regarding the diagnosis of Delusional Disorder and that he could find no mitigating factors that would lessen the security concerns raised by this diagnosis. Consequently, based on all of the above, the Administrative Judge found that the individual's access authorization should not be restored. OHA Case No. PSH-18-0061 (Richard A. Cronin).