Summary
A 29-year-old facilities and logistics support employee was denied eligibility for a public trust position due to concerns under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of multiple alcohol-related arrests, including convictions for Drunk in Public in 2014 and 2016, and Driving While Intoxicated in 2014. Further alcohol-related charges in 2017 and 2019 resulted in a guilty plea for a probation violation and a nolo contendere plea for being Drunk or Profane in Public and Disorderly Conduct, respectively.
Regarding drug involvement, the applicant denied marijuana use from July to December 2015. However, in May 2019, the applicant tested positive for cocaine during a probation urinalysis. Additionally, the applicant was arrested and found guilty of marijuana possession in July 2015 and May 2019. Criminal conduct allegations included being charged and found guilty in 2017 for pointing a laser at a police officer in December 2016, a charge the applicant admitted. This conduct also led to a probation violation citation.
Despite completing a treatment program, the judge found that the applicant's recent history of substance abuse and criminal conduct raised significant concerns regarding reliability and trustworthiness. The applicant did not provide sufficient evidence to mitigate these concerns, leading to the denial of the public trust position.
Why the applicant was denied
- The applicant had multiple alcohol-related arrests and drug use, including a positive cocaine test while on probation.
- The applicant's recent history of substance abuse and criminal behavior raised significant concerns regarding reliability and trustworthiness.
- The applicant did not provide sufficient evidence to mitigate the trustworthiness concerns raised under the applicable guidelines.
Conditions referenced
- AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(g)appliedFailure to Follow Any Court Order Regarding Alcohol Education
- AG ¶ 25(a)appliedAny Substance Misuse
- AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 31(d)appliedViolation or Revocation of Parole or Probation
- AG ¶ 23(b)rejectedAcknowledges Pattern of Maladaptive Alcohol UseThe applicant's alcohol issues are too recent and serious to be considered mitigated.
- AG ¶ 26(b)rejectedAcknowledges Drug Involvement and Provides Evidence of Actions Taken to Overcome This ProblemThe applicant's issues with illegal drugs are too recent and serious to be considered mitigated.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant needs to establish a longer record of responsible behavior before his criminal conduct can be considered mitigated.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedSep 20, 2021
- Answer filedDec 6, 2021
- Hearing held—Decision made on the written record without a hearing.
- Decision dateMar 13, 2023
Cite for
- Insufficient Mitigation of Trustworthiness Concerns Under Guideline G Due to Alcohol-related Arrests
- Insufficient Mitigation of Trustworthiness Concerns Under Guideline H Due to Drug Involvement
- Insufficient Mitigation of Trustworthiness Concerns Under Guideline J Due to Criminal Conduct