PSH-20-0061 - In the Matter of Personnel Security Hearing

determined that an Individual's DOE access authorization should not be restored. To support the Guideline H security concerns, the LSO alleges that the Individual tested positive for
marijuana in a post-accident drug screen, and the Individual, who has held a security clearance since 2001, was found to have used an illegal drug while holding a sensitive
position or while being granted access to classified information. At the hearing, the Individual testified that he smoked half a marijuana cigarette on only one occasion, the Sunday prior to his post-accident drug screen. He asserted that he passed at least 20 prior drug tests during his 20 years of employment, however, there is no corroborating evidence in the record concerning the Individual's frequency or duration of his marijuana use. Further, the Individual was unable to provide corroborating evidence to support his claim of one-time marijuana use, and he made inconsistent statements regarding how he obtained the marijuana. In addition, the Individual's one character witness who testified at the hearing could not corroborate the Individual's assertion of one-time marijuana use. Also, the written character statements submitted by Individual's colleagues all stated he was trustworthy, however, none of the statements could corroborate the Individual's claim of one-time drug use since they did not address the Individual's marijuana use. Consequently, based on all of the above, the Administrative Judge determined that the Individual's access authorization should not be restored. OHA Case No. PSH-20-0061 (Janet R. H. Fishman).