On August 13, 2013, an OHA Hearing Officer issued a Decision in which she concluded that an individual’s suspended DOE access authorization should not be restored. A DOE Operations Office suspended the individual’s security clearance and referred him to administrative review under 10 C.F.R. Part 710, citing as security concerns issues related to the individual’s sexual addiction to pornography, including (1) the opinion by a DOE consultant-psychologist that the individual met the diagnostic criteria for Paraphilia, Not Otherwise Specified (NOS), (2) the Individual’s misuse of a government computer over a 20-year period, and (3) the Individual’s dishonesty during a past reinvestigation of his security clearance when asked whether he ever viewed sexually explicit materials at work. The individual requested a hearing before an OHA Hearing Officer. After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer determined that the security concerns remained unresolved. Specifically, with respect to the individual’s mental health condition, the Hearing Officer concluded that, despite the individual’s progress in treating his addiction, it was too early in his recovery process to conclude that he was successfully rehabilitated. Consequently, regarding the remaining issues stemming from the individual’s underlying addiction – the past dishonesty and misuse of a government computer, the Hearing Officer concluded that insufficient time had elapsed to demonstrate a low likelihood of recurrence. Accordingly, the Hearing Officer determined that the individual had not mitigated the security concerns, and the DOE should restore his suspended security clearance.
Diane DeMoura - Hearing Officer