On August 13, 2013, a Hearing Officer issued a Decision in which he 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 security concerns regarding his mood disorder under Criterion H or Criterion L concerns arising from his recent actions in viewing and storing sexually explicit pictures on his government-issued computer. The Individual presented testimony from mental health experts regarding the status of his recent treatment for his mood disorder. The Individual’s treating psychotherapist testified that the Individual needed additional time in treatment before he could be confident that his mood disorder was in control. With regard to the Individual’s viewing of pornography, the Individual testified that is viewing of the material was a mistake that would not be repeated. Additionally, an expert testified that the Individual’s viewing of pornography was a result of the Individual’s mood disorder. Given the testimony and evidence in the case, the Hearing Officer found that the Individual had not mitigated the Criterion H concerns arising from his mood disorder. Further, because none of the Adjudicatory Guidelines mitigating factors were applicable to the Individual’s misuse of his government-issued computer and, because the Individual’s viewing of pornography was related to his still unresolved mood disorder, the Hearing Officer found that the Criterion L security concerns had not been resolved. Consequently, the Hearing Officer found that the Individual’s security clearance should not be restored.
Richard Cronin - Hearing Officer