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
- 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
- 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