Personnel Security; Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline J (Criminal Conduct)
Office of Hearings and Appeals
September 18, 2020On September 18, 2020, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by the DOE in a position that requires a security clearance. During the clearance investigation process, the Individual disclosed that he had voluntarily sought counseling for a process addiction, and he later told an OPM investigator that he had solicited prostitutes to satisfy his addiction. During the hearing, the Administrative Judge found that the Individual had not fully disclosed his involvement with prostitutes to the OPM investigator, had relapsed numerous times since obtaining counseling for his problem in 2011, and his behavior placed him at serious risk of manipulation. Additionally, the Administrative Judge found that the Individual's most recent engagement with a prostitute, which occurred during the midst of the security investigative process, cast substantial doubt on the Individual's judgment and ability or willingness to comply with rules and regulations. Accordingly, the Administrative Judge found that the Individual failed to mitigate the Guideline E and J concerns and concluded that the Individual should not be granted access authorization. OHA Case No. PSH-20-0047 (James P. Thompson III).