ISCR Case 10-05290.h1

Case Headnote

ISCR Case No. 10-05290.h1

grantedSep 30, 2011· Hon. Philip S. Howe· hearing

Summary

A 54-year-old registered nurse with a history of drug and alcohol abuse sought eligibility for a public trust position. The Statement of Reasons raised concerns under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement), citing various alcohol-related incidents, including driving while under the influence, and drug abuse, specifically the theft of prescription medications. Disqualifying conditions related to habitual alcohol consumption, alcohol-related incidents, and drug abuse were noted.

Despite these concerns, the applicant demonstrated a strong commitment to recovery. She regularly attended Alcoholics Anonymous meetings, maintained a sponsor, and successfully completed treatment programs. By the hearing date, she had established a two-year and four-month period of abstinence from both alcohol and drugs. Character references were also provided to support her recovery and sobriety.

The judge applied mitigating conditions, finding that the applicant had established a pattern of abstinence and had taken significant steps to address the security concerns. Based on the demonstrated commitment to recovery and sustained abstinence, eligibility for the public trust position was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a commitment to recovery by attending Alcoholics Anonymous meetings regularly and maintaining a sponsor.
She established a two-year and four-month period of abstinence from alcohol and drugs as of the hearing date.
The applicant provided character references supporting her recovery and commitment to sobriety.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(b)raisedAlcohol-related Incidents at Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
AG ¶ 25(e)raisedEvaluation of Drug Abuse or Drug Dependence

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken to Overcome It
AG ¶ 23(d)appliedSuccessful Completion of Treatment Program and Pattern of Abstinence
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
AG ¶ 26(c)appliedAbuse of Prescription Drugs After a Severe Illness
AG ¶ 26(d)appliedSatisfactory Completion of Drug Treatment Program

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”

Procedural Posture

SOR issuedJan 20, 2011
Answer filedFeb 16, 2011
Hearing heldMay 27, 2011
Decision dateSep 30, 2011

Cite For

Mitigating Conditions for Alcohol Consumption Under Guideline G
Mitigating Conditions for Drug Involvement Under Guideline H
Whole-person Concept in Evaluating Trustworthiness for Public Trust Positions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	alcohol-related incidents at work, such as reporting for work or duty in an intoxicated or impaired condition, or drinking on the job, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	For Applicant	Intoxication at Work or Duty	Admitted	(b) alcohol-related incident at work	—	—
1.c	habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	For Applicant	Binge or Intoxication Pattern	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.d	diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.e	evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
1.f	relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program	For Applicant	Continued Use After Treatment	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.g	failure to follow any court order regarding alcohol education, evaluation, treatment, or abstinence	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.b

alcohol-related incidents at work, such as reporting for work or duty in an intoxicated or impaired condition, or drinking on the job, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

For Applicant

Intoxication at Work or Duty

Admitted

(b) alcohol-related incident at work

—

1.c

habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

For Applicant

Binge or Intoxication Pattern

Admitted

(c) habitual or binge consumption to the point of impaired judgment

—

1.d

diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

(d) diagnosis of alcohol use disorder by a qualified professional

—

1.e

evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

(e) failure to follow treatment advice once diagnosed

—

1.f

relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program

For Applicant

Continued Use After Treatment

Admitted

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.g

failure to follow any court order regarding alcohol education, evaluation, treatment, or abstinence

For Applicant

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	any drug abuse (see above definition)	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	—
2.b	testing positive for illegal drug use	For Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
2.e	evaluation of drug abuse or drug dependence by a licensed clinical social worker who, is a staff member of a recognized drug treatment program	For Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

any drug abuse (see above definition)

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(b) acknowledges involvement; evidence of action; established abstinence

—

2.b

testing positive for illegal drug use

For Applicant

Drug Test Failure

Not Applicable

Admitted

—

2.e

evaluation of drug abuse or drug dependence by a licensed clinical social worker who, is a staff member of a recognized drug treatment program

For Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION