PSH-21-0078 - In the Matter of Personnel Security Hearing

Personnel Security; access authorization not restored; Guideline E (Personal Conduct), Guideline I (Psychological Conditions), and Guideline M (Use of Information Technology)

Office of Hearings and Appeals

September 27, 2021
minute read time

On September 27, 2021, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions (QNSP) and indicated that he had not violated any information technology (IT) rules, procedures, guidelines, or regulations in the prior seven years. However, the Individual subsequently volunteered to an Office of Personnel Management (OPM) investigator that he had violated his employer's IT rules. The Individual also disclosed that he believed that he had uncovered that a network of Freemasons was manipulating his life, that the Freemasons were responsible for important events in history, and that he would usher in a new era for humanity. A DOE-contracted psychiatrist (DOE Psychiatrist) evaluated the Individual and determined that he met the diagnostic criteria for Delusional Disorder and Attention Deficit Hyperactivity Disorder (ADHD) under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychiatrist opined that the Individual's Delusional Disorder could impair his judgment, reliability, stability, or trustworthiness, and that ADHD could compound the adverse effects of Delusional Disorder. The Individual testified at the hearing as to his ongoing belief in having discovered a conspiracy by Freemasons and denied that he was delusional. The DOE Psychiatrist opined that his diagnosis was unchanged, and that the Individual's prognosis without treatment was poor to very poor. The Administrative Judge determined that the passage of time and the Individual's forthcomingness mitigated the security concerns related to his violations of his employer's IT policies and failure to disclose these violations on the QNSP. However, the Administrative Judge found that the Individual's presentation at the hearing and the opinion of the DOE Psychiatrist established that the security concerns under Guideline I were unresolved. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (Phillip Harmonick)

PSH-21-0078.pdf (204.01 KB)