Medical conditions like sleep apnea can make it difficult to get a good night’s sleep. But one employee of a federal criminal investigation organization used cocaine and then claimed it was in part to get back some of the energy he’d lost due to chronic sleep apnea.
True or False: Cocaine Use Can’t Be Mitigated; Hard Drugs are a Hard No for Security Clearance Applicants
The applicant was a 42-year-old DoD employee who had prior military service and a current career as the vice president with a defense contractor. While working as a federal employee, in March and April of 2017, the applicant did cocaine offered to him at a nightclub by a ‘friend of a friend.’ Then in April of 2017 he was selected by the federal government for a random drug test. After popping positive, the applicant initially claimed the test was wrong. He then admitted the cocaine use. Security clearance eligibility was denied – a decision the applicant then appealed via the Defense Office of Hearings and Appeals (DOHA).
In the appeal, the judge noted there were several factors that helped to mitigate the applicant’s drug use.
- He appeared genuinely remorseful and to regret his actions.
- He is career-focused with a good record and a military background.
- Drug use was more than 3 years ago, and there is no additional drug use.
- He has favorable recommendations from coworkers and friends.
False: Hard drug use does not necessarily preclude obtaining a security clearance.
In this case, the type of drug used was not listed as a factor in upholding the security clearance denial. The much greater issue was the fact that drugs were used while holding a security clearance. And rather than immediately admitting the drug use, the applicant initially argued that the drug test was in error – and he hadn’t done drugs.
The applicant tried to note that sleep apnea was a factor in his decision to do cocaine. Chronic fatigue over a number of years affected his decision-making, and new medical treatment in 2019 greatly improved the applicant’s health. Unfortunately, self-medicating with cocaine in order to “enjoy life” is not a medical justification the court is interested in considering.
Cocaine use at a night club exhibited a propensity for high-risk behavior that is inconsistent with eligibility for access to classified information. “Taken together, the seriousness of his misconduct, his reluctance to voluntarily self-report his cocaine use, and his initial lack of candor undermine his security suitability,” the judge noted.
