PSH-22-0109 - In the Matter of Personnel Security Hearing

On November 9, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In July 2021, the Individual was subject to a five-day suspension due to "unacceptable and unprofessional conduct in the workplace." In October 2021, the Local Security Office (LSO) issued a Letter of Interrogatory (LOI) to the Individual, which sought information about the Individual's personal conduct regarding his employment. The Individual subsequently underwent a psychological evaluation by a DOE consultant psychologist (Psychologist) in January 2022. The Psychologist determined that the Individual had "features of obsessive- compulsive personality disorder which [led] him to exhibit poor judgment, emotional instability, and untrustworthiness." The Psychologist suggested weekly therapy for at least one year and until the therapist and Individual agreed that the treatment goals were met. At the hearing, the Individual testified that, shortly following the June 2021 incident, he began attending weekly sessions with a therapist (Therapist). The Individual described the tools he learned in therapy and how he implemented them to successfully manage stress. Additionally, his wife testified as that, since the Individual began attending therapy, she observed that the Individual is better able to cope with frustration. The Therapist testified that that the Individual was receptive to and compliant with therapy . He explained that when he saw the Individual making progress, sessions became bi -weekly, and once the Therapist felt that the therapeutic objectives had been met, the Individual requested that therapy continue monthly. The Therapist disagreed with the Psychologist's assessment that the Individual displayed features of obsessive -compulsive personality disorder to a degree that led him to exhibit poor judgment, emotional instability, and untrustworthiness, and he felt that the Individual had met the treatment goals and objectives suggested by the Psychologist. The Psychologist ultimately testified that her original assessment remained unchanged, and she felt that the Individual had yet to meet the recommended treatment goals. However, given the Therapist's continual and consistent relationship with the Individual, the Administrative Judge accepted his opinion that the Individual does not exhibit features of obsessive-compulsive personality disorder to the degree that the Psychologist found concerning and has successfully met his treatment goals and objectives. After considering the evidence in the record and the testimony presented at the hearing, the Administrative Judge determined that the Individual resolved the security concerns associated with Guideline I . Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-22-0109 (Katie Quintana)