PSH-24-0109 - In the Matter of Personnel Security Hearing

On July 1, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was cited for sexual battery after allegedly groping a woman at a public event. The local security office issued the Individual a letter of interrogatory. In his response, the Individual claimed that he consumed alcohol in moderation and was not intoxicated when he allegedly committed the sexual battery. The Individual subsequently met with a DOE-contracted psychologist (DOE Psychologist). The Individual reported to the DOE Psychologist that he consumed alcohol in moderation, but alcohol testing requested by the DOE Psychologist contradicted the Individual's account of his alcohol consumption. The DOE Psychologist concluded that the Individual binge consumed alcohol to the point of impaired judgment and met sufficient diagnostic criteria for a diagnosis of Alcohol Use Disorder under the Diagnostic and Statistical Manual of Mental Disorders -Fifth Edition. The DOE Psychologist recommended that the Individual demonstrate rehabilitation by receiving alcohol-related treatment and abstaining from alcohol for one year. At the hearing, the Individual brought forth information to resolve the security concerns under Guideline D. However, the Individual admitted that he continued to consume alcohol against treatment recommendations, had not pursued alcohol-related treatment, and had not yet satisfied the terms of his probation related to the sexual battery offense. The Administrative Judge concluded that the Individual had not resolved the security concerns under Guidelines E, G, and J. Therefore, the Administrate Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0109, Harmonick)