Posted: 2:31 am EDT
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This case is about a member of the security detail of then Secretary of State Hillary Clinton who asserted that he was drugged, kidnapped and robbed during a trip overseas in June 2012. The State Department says that “the grievant consumed nine alcoholic beverages the night before the meeting and the flight, left his hotel alone at 2:30 a.m. the morning of the meeting and flight, and remembers nothing after that until he allegedly awoke at 10:15 a.m. in a car with three strangers in a wooded area 25 km. from his hotel.”
Public records indicate that the then secretary of state was on foreign travel to Oslo and Tromso, Norway from June 1-2, 2012.
The following is excerpted from the Record of Proceeding from FSGB No. 2014-043:
Grievant joined the Department in 2011. The instant grievance arises from events on the evening of June 1 and morning of June 2, 2012, in and around (REDACTED), while grievant was assigned to temporary duty (TDY) as a member of then-Secretary of State Hillary Clinton’s Security Detail (SD) during the Secretary’s official visits to (REDACTED) and (REDACTED).
Grievant, an untenured Special Agent in the Bureau of Diplomatic Security, grieved the Department’s Decision to suspend him for 14 days without pay and place a discipline letter in his Official Personnel Folder for Failure to Report for Duty. The Department charged him with failure to report for a morning meeting and missing a flight from REDACTED to REDACTED on June 2, 2012, while a member of Secretary Clinton’s Security Detail. As aggravating factors, the Department cited the fact that grievant consumed nine alcoholic beverages the night before the meeting and the flight, left his hotel alone at 2:30 a.m. the morning of the meeting and flight, and remembers nothing after that until he allegedly awoke at 10:15 a.m. in a car with three strangers in a wooded area 25 km. from his hotel. Grievant was removed from the Security Detail and sent home from REDACTED, with other members of the Detail picking up his assignments in REDACTED. Grievant asserted the affirmative defense that he was drugged, kidnapped, and robbed, making it impossible for him to report for scheduled duty. He further complained that the Department’s investigation of the incident was biased and procedurally flawed, that he has been improperly harmed by the Report of Investigation, that the Department mischarged him, that his “off-duty” conduct should not constitute an aggravating factor, and that the penalty was unreasonably harsh and inconsistent with penalties meted out for similar or lesser offenses in recent years.
Grievant states that at approximately 10:15 a.m. on June 2, he awoke in the rear passenger seat of a car parked in a wooded area with three other sleeping men whom he could not identify but who looked “vaguely familiar.” He exited without waking the others and followed a path to a road. At approximately 11:00 a.m., grievant contacted an SD team member and was instructed to flag down a public bus and proceed to the nearest railway station. After being picked up by the ASAIC, the Assistant Regional Security Officer, and a local national, grievant stated that he felt very groggy, “more than just hung over.” They took him to a local medical center for evaluation, and then to a police station, where grievant filed a report of the incident, noting that $80 and a credit card were missing from his wallet (though other credit cards and grievant’s BlackBerry were still in his possession).
As the circumstances of grievant’s disappearance were unclear, and his report of feeling groggy raised questions about his neurocognitive condition, the Department removed him from the SD and ordered him to return to the U.S. Blood and urine tests from the medical center came back negative for the substances screened (so-called “date-rape drugs” Oxazepam, Benzodiazepine, and Creatine), and the (REDACTED) police ultimately dismissed grievant’s complaint that he had been robbed “by unknown perpetrator” for lack of evidence. (Note: Grievant argues in the FSGB case that “although tests at the medical center detected no drugs in his system, the tests did not screen for common “date rape” drugs GHB, Ketamine, and Rohypnol and thus do not disprove that he was drugged.)”
On the other hand, the Department asserts that grievant has produced no evidence in support of his affirmative defense (i.e., that he was “likely” the victim of a crime that prevented him from reporting for duty). There is no witness testimony establishing that he was kidnapped, drugged, and robbed. The tests performed at the medical center produced no evidence that grievant was drugged, and grievant’s complaint that the screening was not comprehensive for all common “date rape” drugs, even if true, in no way establishes that he was in fact drugged (italics added).
Wait, but if he was tested for all common date drugs, and it shows, wouldn’t that have provided some evidence that something happened to him beyond just the alcoholic drinks?
The Foreign Service Grievance Board says that “consistent with its obligation to promote the efficiency of the Service, the Department must have latitude to determine how best to conduct an investigation and frame an ROI. We are not persuaded by the evidence or arguments submitted by grievant that the Department abused its discretion or violated applicable law or regulation in carrying out its investigation of grievant’s failure to report for duty or in formulating its conclusions in the ROI.”
It held that “the Department has met its burden of proving that the charged misconduct (Failure to Report for Duty) occurred, that a nexus exists between grievant’s misconduct and the efficiency of the Service, and that the proposed punishment is proportionate to the offense. Grievant has failed to meet his burden of proof with respect to the affirmative defense he asserted” and denied the grievance appeal by the special agent.
Read in full here:
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