On December 13, 2012, an OHA Hearing Officer issued a Decision in which she determined that an Individual’s access authorization should not be restored. In reaching this determination, the Hearing Officer found that the Individual had not resolved the security concerns arising from her diagnosis of Narcissistic Personality Disorder or her misuse of technology. The Individual was diagnosed by a DOE psychologist with NPD and Adjustment Disorder, with Mixed Anxiety and Depressed Mood. The DOE psychologist found that the NPD was an illness or mental condition which causes or may cause a significant defect in judgment or reliability. The Individual presented the testimony of her psychiatrist, who indicated that she did not suffer from NPD. The Hearing Officer found that she was more persuaded by the DOE psychologist, who had specific expertise in the area of NPD. The Hearing Officer also found that the Individual had not mitigated the concern raised by the diagnosis, primarily because she had not accepted the NPD diagnosis and, therefore, was not receiving treatment for NPD. In addition, the Individual did not mitigate the concern raised by her misuse of technology, which was the unauthorized use of her supervisor’s password to access her co-worker’s personnel files. She and her husband testified that she was regretful, but she did not admit the use until confronted; the use was not minor, continuing for a period of six years; and she did not convince the Hearing Officer that, given the opportunity, she would not access similar information in the future. Therefore, the Hearing Officer concluded that the Individual’s access authorization should not be restored.
Janet Fishman - Hearing Officer