Professional Documents
Culture Documents
JEFFREY A. HANSEN,
Petitioner
v.
2017-2584
______________________
conduct. See J.A. 50, 89. As the Board found, under that
policy, the government need only show a positive drug
test to sustain a “positive test” charge. See J.A. 7–8.
Though Mr. Hansen might prefer that the agency adopt a
different policy, he does not challenge (and we do not
decide), the existing policy’s permissibility. See J.A. 103;
see also Baird v. Dep’t of the Army, 517 F.3d 1345, 1351
(Fed. Cir. 2008) (noting without deciding that an agency
“may be free to adopt and enforce . . . [a] policy pursuant
to which any [testing designated position] employee who
refuses to submit to or fails a drug test, will be removed”).
We thus decline his invitation to “inject[] an intent re-
quirement” into the charged misconduct. See King v.
Frazier, 77 F.3d 1361, 1363 (Fed. Cir. 1996). 1
Similarly, the government did not need to prove in-
tent to establish that Mr. Hansen’s misconduct impacted
the efficiency of the service or that it reasonably removed
him. Mr. Hansen agrees that “illegal drug use by a [Cus-
toms and Border Protection] employee is in direct conflict
with the principles of law enforcement, the mission of the
agency and the public’s trust.” J.A. 103 (emphasis added).
And though the Board must consider any evidence of