Case No. VSO-0128, 26 DOE ¶ 82,784 (H.O. Lazarus July 14, 1997)

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* The original of this document contains information which is subject to withholding from disclosure under 5 U.S.C. 552. Such material has been deleted from this copy and replaced with XXXXXXX's.

July 14, 1997

DEPARTMENT OF ENERGY

OFFICE OF HEARINGS AND APPEALS

Hearing Officer's Opinion

Name of Case: Personnel Security Hearing

Date of Filing: December 12, 1996

Case Number: VSO-0128

This Opinion considers the continued eligibility of xxxxxxxxxxxxxxxxxxx (the individual) to hold a level "Q" access authorization under the regulations set forth at 10 C.F.R. Part 710, entitled "Criteria and Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material." The individual is employed by a Department of Energy (DOE) contractor. DOE suspended the individual's access authorization based on information that she had used cocaine in knowing violation of DOE and contractor policy on August 31, 1996. As detailed below, based on the existence of mitigating circumstances, it is my opinion that the individual's access authorization should be restored.

I. PROCEDURAL BACKGROUND

On November 19, 1996, DOE issued a Notification Letter to the individual that suspended her "Q" access authorization on the grounds that derogatory information created a substantial doubt concerning her continued eligibility for access authorization under 10 C.F.R. § 710.8(k) and (l) (Criterion K and Criterion L).(1) Under Criterion K, the Notification Letter

charged that DOE had information that the individual tested positive for cocaine on a random drug test conducted by her employer on September 4, 1996, and admitted that she had used this drug on August 31, 1996. Under Criterion L, the Notification Letter charged that DOE had information that the individual admitted that she was aware of the DOE and contractor policy prohibiting the use of illegal drugs at the time that she used cocaine.

On November 26, 1996, the individual requested a Hearing regarding her eligibility for an access authorization. A Hearing was held before the undersigned Hearing Officer. At the Hearing, DOE presented the testimony of a DOE security specialist. The individual presented the testimony of a social worker who is an Employee Assistance Program (EAP) counselor, a staff physician employed by the contractor, a co-worker who is a xxxxxxxx xxxxxx xxxxxxx her present work coordinator, a former supervisor, and a longtime close friend.

II. FINDINGS OF FACT

After considering the entire record of this proceeding, including the demeanor of the witnesses and the stipulations of counsel, I make the following findings of facts:

A. Background

The individual has been employed by a DOE contractor since xxxxxxx. Transcript of Hearing at 244 (Transcript).(2)Before the suspension of her access authorization, the individual worked as a xxxxxxxxxxxxx. Transcript at 154, 159, 244. She is currently working as a xxxxxxxxx. Transcript at 143.

I find that the individual has always been an excellent employee. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx(3) Moreover, the individual had served as xxxxxxx. The individual is very proud of her work-related accomplishments. Transcript at 143-44, 148, 244-51.

The individual is a caring mother. She does not want her young daughter exposed to illegal drugs, and xxxxxxxxxxx. The individual is concerned about the welfare of her child and has sought help from a therapist who specializes in the problems of children. Transcript at 186, 262, 277; Exhibit-1c.

The individual is also a valued friend and a good neighbor. Transcript at 186-89.(4) She is considered by others in her community to be honest, trustworthy, and loyal to the United States. Transcript at 128-130, 144-45, 151-52, 187-88.

Except for the individual's use of cocaine on August 31, 1996, there is no evidence that the individual has used illegal drugs.(5) Since 1988, the individual has been subject to twenty- one random drug tests. Except for the test that reflected her use of cocaine on August 31, 1996, she has always tested negative. Exhibit R-1a. An official xxxxxxxxxxxxx, who supervised the individual for xxxxxxxxxxxx testified that she had never exhibited signs of drug abuse. Transcript at 160. A long-time friend testified that the individual has not used illegal drugs before or after August 31, 1996. Transcript at 186, 189, 191-92.(6)

B. The Individual's Use of Cocaine

I find that the individual was feeling depressed and under significant stress during the summer of 1996. She had xxxxxxxx divorced her husband and her young daughter was behaving badly. The individual believed that she was being harassed at work. She was also having problems being a single parent and arranging for child care. Transcript at 236-39, 253, 268.

In addition, the individual was experiencing physical problems. She had developed chronic pain and had xxxxxxxxxxxxx xxxxxxxxDOE Exhibit 4 at 9 (Transcript of Personnel Security Interview (PSI)); Transcript at 268. The individual had increased her alcohol consumption to two drinks every night. Exhibit R-1c; Transcript at 270-71.

On August 31, 1996, the individual saw an acquaintance by the name of xxxxxxxx bar.(7)When the individual left the bar, xxxxxxx followed her into the parking lot. He gave the individual some cocaine, and she used it in the parking lot. She then drove home alone. The individual has not seen this man again. Transcript at 238-40, 263-65.

On September 4, 1996, the individual reported to work and was told that she had been selected to participate in a random drug test. As requested, the individual provided a urine specimen. Transcript at 232-33.

C. The Events Following the Individual's Use of Cocaine

On September 4, 1996, the individual made an appointment with a psychotherapist who specialized in stress management. Transcript at 240-41. On September 6, 1996, the individual met with the psychotherapist and told her that she had sought counseling because of work related stress and relationship issues. The individual stated that she "would like to know why she is doing what she is doing, being overly stressed, how to fix it, how that pattern was created, and how to stop it." The psychotherapist hypnotized the individual and taught her relaxation techniques. Exhibit R-14.(8) All this occurred before the individual received the results of her drug test.

On September 10, 1996, a staff physician employed by the contractor informed the individual that she had tested positive for cocaine. The individual admitted that she had used the drug one time, on August 31, 1996. The staff physician referred the individual to the contractor's Employee Assistance Program (EAP). Exhibit R-1c; Transcript at 228-30.

Later that day, the individual met with an EAP counselor. During this meeting, the individual admitted that she had used cocaine on August 31, 1996, but denied the use of any other illicit drugs. She indicated that she had been under significant stress because of personal and work related issues, and had been drinking on a daily basis. The individual told the EAP counselor about her session with a psychotherapist and said that she needed help because she was using intoxicants to deal with stress. The individual also signed a Recovery Agreement during this session. Exhibit R-1c.(9)

After her meeting with the EAP counselor, the individual was interviewed by a DOE security specialist at a Personnel Security Interview (PSI).(10) At the PSI, the individual admitted that she had used cocaine on August 31, 1996, and was aware of her employer's policy concerning the use of illegal drugs. DOE Exhibit 4 at 7, 22 (Transcript of PSI). The individual stated that her drug use had been a terrible mistake. The individual reported that she had never used illegal drugs in the past, and had xxxxxxxxxx She further indicated that she did not want her little girl to be exposed to drugs. DOE Exhibit 4 at 7-8, 16.(11)

The individual told the security specialist that she had been under a great deal of stress. DOE Exhibit 4 at 7-16. She stated that she had consulted a psychotherapist who specialized in stress management because she needed help so that she "won't do that stupid thing again." DOE Exhibit 4 at 24. The individual told the security specialist that she was publicly admitting her one-time drug use so that it could not be used to force her to divulge classified information. DOE Exhibit 4 at 27.(12) The individual signed a DOE drug certification in which she promised not to use illegal drugs in the future. DOE Exhibit 4 at 27-28.

D. The Testimony of the EAP Counselor and the Staff Physician

The EAP counselor and the staff physician testified at the Hearing. As detailed below, these medical professionals corroborate the individual's statements that she has used illegal drugs on only one occasion, and believe that she will successfully complete her Recovery Program. They also agree that the individual is reliable.

1. The EAP counselor

The EAP counselor has a master's degree in social work, and twenty-six years of social work experience. Before he accepted his present position, the EAP counselor had been in charge of a substance abuse treatment program for eight years. Transcript at 61-62.

Before the individual's positive drug test, the EAP counselor had helped the individual with marital and parenting issues on three occasions xxxxxxxxxxxxxxxxxxxx(13) He designed the individual's Recovery Program and monitors her progress in that program. Transcript at 63, 100.

2. The staff physician

As part of her duties with the contractor, the staff physician conducts comprehensive annual examinations xxxxxxxxxxxxxxxxx and treats these employees for medical problems that acutely affect their ability to work. The staff physician also acts as a consultant to the EAP. Furthermore, she reviews the results of drug screens to learn whether a positive test resulted from circumstances other than the consumption of illegal drugs. Transcript at 165, 183, 194, 205.

The staff physician has had a professional relationship with the individual since 1990. She has consulted with the EAP counselor concerning the individual's Recovery Program. The staff physician has also performed two of the individual's annual physical examinations, and has treated the individual for a multitude of different problems. Transcript at 67-68, 171, 203-08, 222.(14)

3. Testimony concerning one-time use

The EAP counselor testified that, although it was impossible to be certain, he believed that the individual's use of illegal drugs was an isolated occurrence. He based this conclusion on his knowledge of the individual, her attitude, history and positive work performance. He specifically noted that the individual has shown herself to be honest and aboveboard in her contacts with the EAP. Transcript at 69-72, 75, 89-90.

The staff physician testified that she had no information that the individual's drug use was more than a one time occurrence. She indicated that the individual has been subject to random drug tests for many years and has always tested negative.(15) The staff physician also noted that she had not detected any evidence of illegal drug use when she conducted the individual's annual physical examinations. Transcript at 172, 215-16, 220, 221-23; Stipulation at ¶3.(16)

4. Testimony concerning rehabilitation

The EAP counselor designed the individual's Recovery Program based on the fact that the individual's use of cocaine was an isolated occurrence. Transcript 88-89, 99-100; Exhibit R-1d. Under this Program, the individual is required to remain totally abstinent from alcohol and illicit drugs, undergo random monthly drug screens, and attend bi-weekly sessions with the EAP counselor for a one year period. Transcript at 99-101; Exhibit R-1a.(17) During these sessions, the EAP counselor monitors the individual's progress in remaining free of mind-altering substances and provides supportive psychotherapy. Transcript at 63, 102.

At the Hearing, the EAP counselor reported that the individual was doing very well in the Recovery Program. Transcript at 84. He noted that the individual had passed all six of her random drug tests and had attended all scheduled meetings. Exhibit R-1a; Transcript at 69.

The EAP counselor further stated that the individual has been sincere in admitting that she made a mistake by using cocaine. Transcript at 73-74. He reported that the individual has a positive attitude towards sobriety, and that there has been no evidence of substance abuse or significant emotional difficulties. Transcript at 74; Exhibit R-1d. He has concluded that the individual's self-esteem is increasing and that she is undertaking activities that are conducive to sobriety. Transcript at 92.(18)

The EAP Counselor testified that there is no reason to believe that the individual would not successfully complete the EAP Recovery Program. Transcript at 72. He estimates that there is a 75-80 per cent recovery rate for one-time users who complete this Program. Transcript at 73, 110-11. Although he stated that there are no guarantees, based on the individual's performance in the Recovery Program, the EAP counselor believes it is likely that the individual will not use illegal drugs again. Transcript at 91-92.

The staff physician also believes that there are excellent prognosticators that the individual will successfully complete the Recovery Program. The staff physician specifically noted that the individual is employed and extremely open. Transcript at 177. The staff physician does not expect that the individual will repeat her use of illegal drugs. Transcript at 179.

5. Testimony concerning the individual's character

Both the EAP counselor and the staff physician testified that they have no reason to question the individual's honesty, trustworthiness, or loyalty to the United States. The EAP counselor indicated that he would trust her in matters of national security. Transcript at 74-75, 85, 179. Additionally, the EAP counselor stated that because of the individual's openness concerning her one-time drug use, he has no reason to believe that the individual will be coerced into disclosing national secrets. The staff physician stated that the individual's judgment and reliability are "99% good." Transcript at 182.(19) In her personal opinion, the staff physician believes that it would be appropriate to restore the individual's security clearance. Transcript at 74-75, 94, 102, 114.

III. ANALYSIS

It is uncontested that the individual used illegal drugs on one occasion and knowingly violated the policy of DOE and her employer. This behavior raised security concerns that justified the suspension of the individual's security clearance. Notwithstanding the above, I find that the circumstances surrounding the individual's use of cocaine do not require that the individual's clearance be revoked. I make this finding based upon my examination of the evidence and my assessment of the credibility and demeanor of the witnesses.

As detailed below, I believe that the individual is honest, reliable and trustworthy based on her actions before and after she used cocaine. I am particularly impressed with the individual's efforts to redeem herself after the suspension of her clearance, including her outstanding performance as xxxxxx I am also convinced that the individual is telling the truth when she says that she has not used illegal drugs before or after August 31, 1996. Although such statements need to be carefully scrutinized because they are inherently self- serving, here I find that the individual's testimony is credible and corroborated by independent evidence. This evidence includes the results of many random drug tests administered over a long period of time.(20)

I believe that the individual will not use illegal drugs again. She is strongly motivated to remain drug free by love for her young daughter, and desire to serve as a xxxxxxxxxxxxxxxxxxx. I further believe that the individual is genuinely sorry that she used cocaine, and has done everything possible to rectify the situation. Most significantly, she has been working hard in a Recovery Program, and the medical professionals both believe that she will complete the Program. Additionally, the individual has a strong support system that will help her remain drug free. For these reasons, I will recommend that the individual's access authorization be restored. See Personnel Security Hearing, Case No VSO-0045, 25 DOE ¶ 82,774, aff'd OSS (1995) (drug use violating policy partially mitigated by showing unplanned one-time lapse under stressful circumstances).

A. The Legal Standard

The regulations state that "[t]he decision as to access authorization is a comprehensive, common-sense judgment, made after consideration of all the relevant information, favorable or unfavorable, as to whether the granting of access authorization would not endanger the common defense and security and would be clearly consistent with the national interest." 10 C.F.R. §710.7(a). To restore the individual's security clearance, I must find that restoring this access authorization would not endanger the common defense and security and would be clearly consistent with the national interest. See 10 C.F.R. § 710.27(d).

In making a determination here, I will consider the relevant factors and circumstances connected with the individual's conduct. These factors, which are set forth at 10 C.F.R. § 710.7(c), include "the nature, extent, and seriousness of the conduct; the circumstances surrounding the conduct, to include knowledgeable participation; the frequency and recency of the conduct; the age and maturity of the individual at the time of the conduct; the voluntariness of participation; the absence or presence of rehabilitation or reformation and other pertinent behavioral changes; the motivation for the conduct; the potential for pressure, coercion, exploitation, or duress; [and] the likelihood of continuation or recurrence. . . ."

B. The Individual is Honest, Reliable and Trustworthy

Except for her use of cocaine, the individual's actions show that she is honest, reliable and trustworthy. For more than xxxxxxxxxxxxx, the individual has been employed as a xxxxxxxxxxxx She has been recognized as an excellent employee and has xxxxxxxxxxxxxx. Moreover, there is uncontested evidence that she is a concerned mother, a valued co-worker, a trusted friend and good neighbor. Others in her community consider the individual to be honest, trustworthy, and loyal to the United States. The staff physician, who has known the individual for approximately seven years, stated that the individual's judgment and reliability are "99% good."

The individual's actions after her cocaine use have also evidenced the individual's good judgment. As detailed above, she promptly sought help. She called a psychotherapist for assistance with stress management. She is fulfilling her obligations under the Recovery Program. She requested that the security specialist conduct a PSI and attempted to assuage the security concerns associated with her conduct. The individual has publicly admitted her one-time drug use so that it would not be a secret that could be used to coerce her into revealing national secrets. She has also attempted to redeem herself in the eyes of her employer by doing outstanding work as a xxxxxxxxxx.

C. The Individual Had Not Used Illegal Drugs Before August 31, 1996

The individual has convinced me that she had not used illegal drugs before August 31, 1996. I find that the individual's testimony is credible. Her denial of past use is rendered more believable because she has never denied using cocaine on August 31, 1996. The records of the EAP sessions that were held before the individual's positive drug test further support her credibility. These records reflect the individual's consistent denial of illegal drug use, and also corroborate the individual's statements that she disapproved of illegal drugs by xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

I further find that the individual's testimony concerning one-time drug use is corroborated by independent evidence. The individual has been subject to twenty-one random drug tests since 1988, and except for the test that reflected the use of cocaine on August 31, 1996, has always tested negative. Moreover, the medical professionals support the individual's testimony that her use of illegal drugs was an isolated occurrence. Both these professionals have long-standing relationships with the individual. A xxxxxxx, who supervised the individual for xxxxxxxxx testified that she was an excellent employee who had never exhibited signs of drug abuse. Finally, a close friend and confidant for more than eight years, testified that she is unaware of any illegal drug use by the individual. other than her use of cocaine on August 31, 1996. In view of their close relationship, this friend would be in a position to know if the individual had used drugs.(21)

D. It is Extremely Unlikely that the Individual Will Repeat This Behavior

I also do not believe that the individual will use illegal drugs again. First, I find that the individual is genuinely sorry that she used cocaine. She has consistently told others that she made a serious mistake, and I believe her. From her demeanor and testimony, the individual clearly believes she has failed to live up to her own standards. She fears she has not been a good role model for her child. xxxxxxxxxxxxxxxxxxxxxxxxx. Moreover, by using illegal drugs, she had placed her valued middle-class lifestyle at risk. See Personnel Security Hearing, Case No. VSO-0122, 26 DOE ¶ 82,777 (1997) (individual expressed sincere remorse and accepted responsibility for using a work computer to view pornography).

Second, I find that the individual is strongly motivated to remain drug free. The individual deeply loves her young daughter. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx I also find that the individual is strongly motivated by a desire to return to her former position as a xxxxxxxxxxxxxxxxxx. I believe that her former supervisor will support her efforts to be re-instated in that position.(22)

Third, I am impressed with the efforts of the individual to change her behavior. After she used cocaine, she promptly sought professional assistance to improve her ability to respond to stress. Subsequently, she entered a Recovery Program. The medical professionals share the opinion that she will complete the Program. The EAP counselor testified that when a one time user completes the EAP recovery program there is a 75-80% likelihood that this person will not use illegal drugs again. The staff physician further indicated that she believes that the individual will not use illegal drugs again. See Personnel Security Hearing, Case No. VSO-0116, 26 DOE ¶82,765, aff'd OSS (1997) (access authorization restored after one-time use of drugs when, inter alia, expert testified concerning good prognosis for recovery).(23)

Finally, the individual has a strong support system that will help her remain drug free. She has a very close and devoted friend whom she sees on a daily basis. Moreover, she has the support of medical professionals who have known her for years. Finally, she has the good will and respect of many people with whom she has had long- term working relationships.

V. CONCLUSION

In view of the criteria set forth in 10 C.F.R. Part 710, I find that restoring the individual's access authorization would not endanger the common defense and security and would be consistent with the national interest. I believe that the individual is honest and trustworthy, and had not used illegal drugs before August 31, 1996. I also find that the individual's testimony is credible and corroborated by independent evidence. The individual has also convinced me that she will not use illegal drugs again. For these reasons, I will recommend that the individual's access authorization be restored.

The regulations governing this proceeding provide that either the DOE's Office of Security Affairs or the individual may file a request for review of this Opinion. 10 C.F.R. § 710.28(a). The request must be filed within thirty calendar days of receipt of this Opinion. Within fifteen calendar days of filing such a request, the requesting party must file a statement specifying the issues upon which it seeks review. The other party may file a response to the statement of issues. It must do so within twenty calendar days of receipt of the statement of issues. All submissions must be filed with the Director, Office of Hearings and Appeals, 1000 Independence Avenue, SW, Washington, D.C. 20585-0107. In addition, a party must send a copy of each of its submissions to the other party.

Linda Lazarus

Hearing Officer

Office of Hearings and Appeals

Date: July 14, 1997

(1)Section 710.8 sets forth the principal types of derogatory information that create questions as to an individual's eligibility for access authorization. Criterion K involves information that an individual has possessed, used or experimented with an illegal drug. Criterion L involves information that an individual has engaged in unusual conduct or is subject to circumstances that tend to show that he is not honest, reliable or trustworthy or which furnishes reason to believe that he may be subject to pressure, coercion, exploitation or duress that may cause him to act contrary to the national security.

(2)The individual has worked for the contractor since she was xxxxxx years old. She testified that her employment has "meant everything" to her. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. She expressed great appreciation for the middle-class life-style that she enjoyed as a result of her employment. Transcript at 244.

(3)The individual has been commended for her work on many occasions. While working xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx She was also commended, inter alia, for perfect attendance during a fiscal year, returning a substantial sum of money mislaid to an employee, volunteering for extra duty, and assisting an employee with a severe medical problem.

In her present position as a xxxxxxxxxx commending the individual for her excellent work:

We have been extremely pleased with the service we received since [the individual] xxxxxxxxxxxxxxxx. The xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. She is always working. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxx.

Exhibit R-2; Transcript at 245-251.

(4)The individual's property is well-maintained. She does not have wild parties, keep odd hours, or have strange looking individuals visiting her at home. Transcript at 186.

(5)See "Section D" of this part for the testimony of a staff physician and EAP counselor concerning the individual's one-time use of illegal drugs. DOE does not contend that it has information that the individual used illegal drugs before or after August 31, 1996. Stipulation of the Parties in VSO-0128 (Stipulation) at ¶1.

(6)This woman has been a close friend of the individual for more than eight years, and would be in a position to know whether the individual used illegal drugs. They are neighbors and see each other on an almost daily basis. The individual had told her friend that she used cocaine on August 31, 1996. Transcript at 189, 192.

(7)xxxxxxxxxxxxxx boyfriend of a friend of a friend. The individual only knows his first name. Transcript at 238, 260.

(8)The individual made a second appointment to see the psychotherapist on September 11, 1996. Exhibit R-14.

(9)My findings of fact concerning the substance of the Recovery Agreement, the individual's compliance with this Agreement, and the opinions of the EAP counselor and the staff physician concerning the individual's illegal drug use and trustworthiness are set forth in "Section D" of this part.

(10)The individual had requested the PSI. DOE Exhibit 5 (Security Specialists's Case Evaluation Sheet).

(11)The individual's statement that xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

corroborated by the EAP counselor's records of EAP sessions with the individual between xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx See Exhibit R-1c.

(12)The EAP counselor and the xxxxxxxxxxxxxxxxxxxx agree that the individual's openness concerning her one-time drug use make it unlikely that she can be coerced into disclosing national secrets. Transcript at 94, 157.

(13)On xxxxxxxxxxxxxxxx, the EAP counselor obtained a detailed history from the individual in which she indicated that she does not use illegal drugs, and is a moderate and controlled drinker. Xxxxxxxxxxxxxxxx, the individual told the EAP counselor that she xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, and was beginning to consider divorce. On xxxxxxxxxxxxxx, the individual reported that she and her husband were separated, and that she was in the process of obtaining a divorce. She also expressed concern about her daughter, and indicated that she was planning to see a therapist who specialized in children's issues. Transcript at 65, 103; Exhibit R-1c.

(14)Additionally, as mentioned above, the staff physician informed the individual of her positive drug test and referred her to the EAP counselor.

(15)The individual has been subject to twenty one random drug tests since June 14,1988, and has tested negative each time except for the test that reflected her drug use on August 31, 1996. Exhibit R-1a.

(16)The contractor who employs the individual maintains a comprehensive medical file on each xxxxxxxxxxxxxxxxxx This medical file contains records of annual physical examinations as well as records of routine clinic visits. The individual's medical file was started when she was first employed by the government contractor. On average, the individual has been seen five times a year at the medical clinic. There is nothing in the individual's medical records indicating that she used illegal drugs on any occasion other than the time that she used cocaine on August 31, 1996. See Stipulation at ¶2; Transcript at 205-06.

(17)Although the EAP counselor had ruled out the possibility that the individual was suffering from alcohol abuse, he believes that abstention from alcohol is an important factor in maintaining abstinence from other mind-altering substances. As a result, the Recovery Agreement requires the individual to abstain from alcohol. The EAP Counselor reported that the individual was abstaining from alcohol without difficulty. He specifically noted that she had discontinued drinking without any evidence of withdrawal. Transcript at 98, 105-06.

(18)The EAP counselor identified the following activities as conducive to sobriety: 1) maintaining balance in life; 2) getting sufficient rest and eating well; 3) maintaining positive peer associations; 4) keeping anxiety level manageable; and 4) dealing with issues that create depression. Transcript at 92.

(19)The EAP counselor and the staff physician agree that a one-time use of cocaine could cause or reflect a temporary lack of judgment, but would not cause long-term emotional, physical or psychological harm. Transcript at 94-95, 114, 180.

(20)A central issue in this case is the frequency of the individual's past use. For that reason, I have required the individual to present evidence that corroborates her testimony that she had not used illegal drugs before August 31, 1996. She has met this burden.

However, because the individual has admitted that she intentionally used cocaine, I do not require that she corroborate the time, place and manner of her drug use. I would reach a different result if the individual had tested positive for illegal drugs, but had denied intentional drug use. See Personnel Security Review, Case No. VSA- 0087, 26 DOE ¶83,016 (1996) (individual with positive drug test claimed that he unwittingly ate marijuana cookies at a party but failed to corroborate any aspect of his story).

(21) The friend testified that the individual had told her that she had used drugs on August 31, 1996.

(22)The xxxx who supervised the individual for xxxx testified that he believes that the individual has made an honest effort to correct her behavior and will be successful in her recovery. In his opinion, the individual would continue to be a good employee. Transcript at 150-152.

(23)The individual signed a DOE drug certification on September 10, 1996. Because of the limited nature of her drug use, our cases do not require that the individual actually complete a rehabilitation program before I may accept this assurance that she will not use illegal drugs again. See See Personnel Security Hearing, Case No. VSO-0116, 26 DOE ¶82,765, aff'd OSS (1997).