PSH-20-0045 - In the Matter of Personnel Security Hearing

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On January 7, 2021, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual had a 2017 domestic violence incident, along with numerous criminal charges from 1995 through 2008, including a 2000 charge of "Sexual Contact of a Minor," which required him to register as a    sex offender. The Individual testified, and was supported by his witnesses, that he had been abstinent for 12 years. He continued that the 2017 domestic violence incident occurred  when his frustration reached a breaking point because he caught his girlfriend using drugs again after she had overdosed a month earlier. In addition to testifying about his sobriety, the Individual stated that he had started a culturally-based, 12-step program in his community, along with his brother, and that he speaks to his community, including his co-workers about mental health issues, domestic violence, and sobriety. All this testimony was supported by his witnesses and exhibits.  In light of the testimony of the witnesses and the passage of time of    the criminal offenses, most of which occurred while he was under the influence of drugs and alcohol, the Administrative Judge determined that the Individual had mitigated the security concerns asserted by the local security office under Guideline J. Specific to the 2000 charge of "Sexual Contact with a Minor," the Judge found that the offense occurred over 20 years ago, when the Individual was only 21 years old, and there have been no other allegations of  sexual contact with a minor in the ensuing years. Further, it occurred under circumstances that are unlikely to recur, because the Individual had been drinking heavily at the time mourning his cousin. The Individual has been compliant with the terms outlined by the court, including registering as a sex offender for 20 years, which ends next year.  The Individual has    a good employment record and significant constructive community involvement, including initiating the 12-step program and significant community volunteerism. Therefore, she determined that the Individual's access authorization should be granted. OHA Case No. PSH-20-0045 (Janet R. H. Fishman).