PSH-18-0084 - In the Matter of Personnel Security Hearing

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On February 12, 2019, an Administrative Judge issued a decision in which she determined that an Individual's DOE access authorization should not be restored. In invoking Guideline E, the LSO cited the Individual's failure to timely report a December 2017 incident to DOE within five working days and the Individual's admission in the PSI that she was present while an individual used marijuana despite signing a DOE Drug Certification form in April 2009 certifying that would not "knowingly [be] in the presence of others who are in the possession of these illegal drugs." As the basis for invoking Guideline J, the LSO cites (1) December 2017 charges for misdemeanor possession of a schedule IV drug, misdemeanor possession of more than two ounces of marijuana, speeding at 77 miles per hour in a 60 miles per hour zone, and driving without a license; (2) a November 2016 arrest for Driving Under the Influence (DUI); and (3) a January 2015 domestic disturbance in which the Individual admitted to slapping her then husband across the face resulting in her being charged with "assault." After the hearing, the Administrative Judge found that the Individual mitigated the Guideline J security concerns because the criminal incidents occurred under unique circumstances and were not likely to recur. Although the Administrative Judge found that the Individual mitigated the Guideline E security concern as it pertains to her untimely reporting of the December 2017 charges, none of the mitigating factors applies to the security concern associated with the Individual's presence around illegal drugs usage after signing the DOE Drug Certification form. Based on the foregoing, the Administrative Judge determined that the Individual's access authorization should not be restored. OHA Case No. PSH-18-0084 (Brooke A. DuBois).