PSH-23-0062 - In the Matter of Personnel Security Hearing

On July 17, 2023, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. In 2022, after having possessed access authorization for over 15 years, the Individual resigned from his employment with a DOE contractor in lieu of termination after he was caught surreptitiously recording a man in a state of undress in a locker room at a DOE site. The Individual admitted that he had engaged in this behavior numerous times since 2018. The Individual was subsequently evaluated by a DOE-contracted Psychologist (DOE Psychologist) who determined that the Individual met sufficient criteria for a diagnosis of Voyeuristic Disorder under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. At the hearing, the Individual indicated that he had secretly recorded men in the locker room at the DOE site to express his repressed bisexuality and presented the testimony of a therapist from whom he had received treatment as to his personal development. The DOE Psychologist opined at the hearing that the Individual no longer met sufficient criteria for a diagnosis of Voyeuristic Disorder and had a good prognosis. The Administrative Judge concluded that the Individual's treatment and the positive opinion from the DOE Psychologist resolved the security concerns under Guideline I. However, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline E in light of the duration and seriousness of his misconduct, his failure to fully acknowledge his deceptive behavior in connection with the investigation of his misconduct, and the lack of evidence that he had resolved his susceptibility to manipulation by sharing his misconduct with his family and close friends. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-23-0062, Harmonick)