Head Banging and Angry Outbursts in the Workplace Results in Clearance Denial

[Marko]

Originally published at: Head Banging and Angry Outbursts in the Workplace Results in Clearance Denial | ClearanceJobs Blog

In Security Executive Agent Directive (SEAD) 4 under Guideline I; Psychological Conditions it states certain emotional, mental, and personality conditions can impair judgment, reliability, or trustworthiness.  A recent Defense Office of Hearing and Appeals (DOHA) case involved a DoD contractor who was diagnosed with Autism Spectrum Disorder (ASD), previously known as Asperger’s Syndrome. Some individuals with ASD…

[ptemployee]

Interesting case, guideline I is not as frequent as financial issues but is very significant. I am interested in the new adjudicative criteria that will be developed per Trusted Workforce 2.0. I suspect mental and financial considerations will still be an issue.

[sbusquirrel]

Here is a very interesting passage you might miss if you don’t read the full article:

@Marko

It is noted the applicant opted to have the hearing based on the written record instead of appearing himself, thus the judge was not able to determine the sincerity and credibility of the applicant. …The judge was quoted saying “when an applicant waives a hearing and chooses to have his or her case decided by a judge based on a written record, the judge has no ability to make a credibility determination based on observation of the applicant’s demeanor. Accordingly, a credibility determination based solely on a written record is not entitled to the same deference on appeal as a credibility determination based on observation of a witness’s demeanor.”

This seems to be a powerful argument for appearing in person when responding to an SOR.