TABLE OF OFFENSES AND PENALTIES

Nature of Offense Penalty for Penalty for Penalty Remarks (General Misconduct) First Offense Second for Offense Third Offense

1. Attendance-related offenses. Refer to EEOC Order 550.007 a. Absence without leave Leave Policies (AWOL). This includes tardiness and Procedures and unauthorized delay in for leave returning from lunch and Written 5- to 30-day 30-day requirements and periods, or in returning after Reprimand to 5- suspension suspension guidance. leaving work station on day suspension to removal Penalty depends business; unauthorized departure primarily on or absence from duty station. length and frequency of b. Failure to follow established unacceptable leave procedures; failure to Written 5- to 30-day 30-day absences. provide administratively Reprimand to 5- suspension suspension Removal may be acceptable documentation to day suspension to removal appropriate for a support absence(s). first or second offense if the c. Excessive unauthorized 5-day suspension 14-day Removal absence is absences (e.g., more than 5 to removal suspension to prolonged, the consecutive workdays). removal failure to adhere to leave d. Failure to report for duty as Removal procedures is detailed, transferred, or flagrant, or the reassigned. circumstances are otherwise particularly burdensome.

2. Improper or unauthorized Refer to 5 USC release of sensitive and 552a and 43 CFR administratively-controlled 2.52 for Privacy information or employee records; Act provisions failure to safeguard classified regarding the material. misuse of Written 5- to 30-day 30-day personal a. Information is not Reprimand to 5- suspension suspension information; also compromised and release is day suspension to removal refer to 18 USC unintentional. 798 and 18 USC 1905. Written 30-day Removal b. Information is compromised Reprimand to 30- suspension to and release is unintentional. day suspension removal

c. Release of restricted 30-day Removal information is deliberate. suspension to removal

3. Offenses related to substance abuse.

a. Alcohol-related

Actions involving (1) Reporting to or being on duty Written 5- to 30-day 30-day these offenses while “under the influence” of Reprimand to 5- suspension suspension must assure that alcohol. day suspension to removal counseling or rehabilitative

assistance is (2) Unauthorized use and/or Written 30-day Removal offered; however, possession of alcoholic beverages Reprimand to 30- suspension referral to an while on Government premises day to removal employee (or vehicle). suspension assistance

program (EAP)

does not preclude (3) Operating a Government 30-day Removal the initiation of vehicle/aircraft while “under the suspension corrective action. influence” of alcohol. to removal

b. Drug-related

(1) Administratively confirmed Written Removal Removal positive finding under the testing Reprimand to When there is portion of the Drug-Free removal possession of Workplace Program. illegal drugs - call law enforcement (2) Unlawful use, being under the Written 30-day Removal and notify Office influence or unauthorized Reprimand to suspension of the Chief possession of drugs, drug removal to removal Human Capital paraphernalia or controlled Officer Labor & substance while on Government Employee premises or in a duty status. Relations Division as well as Safety, (3) Sale or transfer of an illegal Removal Security & drug or controlled substance Emergency while on Government premises Preparedness (or vehicle). office. 14-day 30-day (4) Refusal or failure to provide a suspension to suspension to required specimen for drug- removal removal testing; tampering with a drug-test When the specimen; refusal to obtain substance is counseling or rehabilitation (after prescribed by an finding of illegal drug use). appropriate

medical authority

and used

accordingly, it

would not be an offense.

4. Discourteous conduct (e.g., Written 5- to 30-day 30-day 5 USC 7503(a) rude, insolent, disgraceful acts or Reprimand to 5- suspension suspension permits remarks) toward , co- day suspension to removal suspension of 14 workers, or the public. days or less of any employee with four documented instances of discourteous conduct toward the public within a one-year period as confirmed by an immediate , or any other pattern of discourteous conduct.

5. a. Boisterous or Written 5- to 30-day 30-day disruptive/disorderly conduct; use Reprimand to 5- suspension suspension of insulting, intimidating, abusive day suspension to removal or offensive language to or about another employee or supervisor. b. Negligence, including the Letter of 5 – day careless failure to comply with reprimand to 14 – suspension to rules, regulations, written day suspension removal procedures, or proper supervisory instructions. c. Deliberate or malicious refusal Letter of 14 – day to comply with rules, regulations, reprimand to suspension to removal removal written procedures, or proper supervisory instructions.

6. Deliberately making known Written 14-day 30-day Refer to 5 USC false, malicious, or unfounded Reprimand to suspension suspension 2302(b)(8) and statements against co-workers, removal to removal to removal (9), prohibiting supervisors, subordinates, or actions against Government which could employees for undermine the authority or engaging in damage the reputation of those protected concerned. activities.

7. Threatening statements or 14-day Removal Charge involving behavior (of a physical nature). suspension “threat” must to removal consider the listener's reactions, the listener's apprehension of harm, the speaker's intent, any conditional nature of the statements, and the attendant circumstances – refer to Metz v. Dept. of Treasury, 780 F.2d 1001 (Fed. Cir. 1986).

8. Fighting and offenses related to Penalty depends fighting. on such factors as provocation, a. Engaging in potentially Written 14-day 30-day extent of injuries, dangerous “horseplay.” Reprimand to 14- suspension suspension and whether day suspension to removal to removal actions were defensive or b. Fighting, attempting to Written Removal Removal offensive in inflict or inflicting bodily harm Reprimand to nature. while on Government premises removal and/or when in a duty status.

9. Misconduct of a sexual nature Written 14- day Removal More severe that includes, but is not limited to, Reprimand to suspension to discipline is unwelcome sexual remarks, removal removal appropriate for indecent comments/jokes, egregious offensive sexual banter, unwanted misconduct. sexual advances, or unwelcome physical touching. Refer to 29 CFR 1604 on EEOC policy.

10. Failure to provide equal Written 14-day Removal Refer to 5 CFR opportunity regardless of race, Reprimand to suspension to 2635.101(13). color, religion, gender, national removal removal origin, age, marital status, political affiliation, sexual orientation or handicapping condition.

11. a. Unauthorized possession/sale Written 14-day 30-day (actual or attempted) of Reprimand to suspension to suspension Government property or property removal removal to removal of others; improper acceptance of Government funds/reimbursement. Letter of Removal b. Submission of (or causing or reprimand to allowing the submission of) removal, if for falsely stated time logs, leave administrative forms, travel or purchase convenience or to vouchers, payroll, loan, or other avoid following fiscal documents. required procedures.

Letter of Removal reprimand to c. Failure to properly account for removal or make proper distribution of any property, Government or other funds, or any other thing of value coming into an employee’s custody as a result of Letter of Removal . reprimand to removal d. Concealment of (or failing to report) missing, lost, or misappropriated funds, or other fiscal irregularities.

12. Loss, misuse of, damage to or Written 14- to 30-day 30-day Refer to 5 CFR failure to safeguard Government Reprimand to 14- suspension suspension 2635.101(9). property, records, or information day suspension to removal (e.g., willful or negligent damage to Government resources; carelessness in performance of duty resulting in waste of public funds).

13. Willful use of (or authorizing 30 –day Removal 31 USC 1349 (b) the use of) any Government- suspension to mandates a owned or Government – leased removal. minimum penalty passenger vehicles for other than of a one month official purposes. suspension for unofficial use of Government passenger carrying vehicles.

14. Failure to comply with safety Written 14- to 30-day 30-day regulations, instructions or Reprimand to 14- suspension suspension prescribed safe practices; failure day suspension to removal to use proper safety equipment; failure to report accident or injury.

15. Sleeping or loafing while on Written 5- to 14-day 14-day Seriousness of duty; inattention to duty; willful Reprimand to 5- suspension suspension offense is greater idleness while on duty. day suspension to removal if persons/property endangered.

16. Failure or delay in carrying Written 14- to 30-day 30-day out instructions; failure or Reprimand to 14- suspension suspension carelessness in performing day suspension to removal assigned work; failure to take/complete officially-directed .

17. Insubordination; disregard of 5-day suspension 30-day Removal directive; refusal to to removal suspension comply with a proper order. to removal

18. Written 30-day Removal Falsification/misrepresentation of Reprimand to suspension official Government records or removal to removal documents including, but not limited to, time and attendance records, travel vouchers, applications, performance appraisals, claims for benefits, and other employment-related documents.

19.

a. Misrepresentation, Removal falsification, exaggeration, concealment or withholding of 14-day 30-day material fact in connection with suspension suspension an official Government to removal to removal investigation, inquiry or other administrative proceeding.

b. Unethical or improper use of official authority or credentials. Written Removal Reprimand to removal c. Unauthorized disclosure or use of (or failure to safeguard) Written Removal information protected by the Reprimand to Privacy Act or other official, removal sensitive, or confidential information.

20. Refusal to testify or cooperate 5-day suspension 14-day 30-day in connection with any to removal suspension suspension administrative investigation, to removal to removal inquiry, or other proper proceeding (when criminal charges are not anticipated).

21. Prohibited/improper use of Written 14- to 30-day 30-day Refer to 5 CFR Government property (e.g., office Reprimand to 14- suspension suspension 2635.704 and equipment; supplies; facilities; day suspension to removal 705(a). Consider credentials; records; More severe issue of employee communication resources; cellular More severe discipline notice regarding phones; official time); misuse of discipline (including agency policy. the Internet/electronic mail; using (including removal) may be the Internet/electronic mail for removal) may be appropriate for unauthorized purposes. appropriate for first/second first/second offense if offense if misconduct misconduct involves using the involves using the Commission’s Commission’s Internet/electronic Internet/electronic mail system for mail system for prohibited prohibited reasons, including reasons, including gambling, gambling, accessing/sending accessing/sending prohibited prohibited sexually-related sexually-related material, or other material, or other egregious acts of egregious acts of misuse. misuse. 22. Offenses related to gambling. Refer to 5 CFR 735.201. a. Participating in a gambling Written 14- to 30-day 30-day activity while on Government Reprimand to 14- suspension suspension premises or in a duty status (e.g., day suspension to removal office pools).

b. Operating, assisting, or 5- to 30-day 30-day Removal promoting a gambling activity suspension suspension while on Government premises or to removal in a duty status or while others involved are in a duty status.

23. Offenses related to Government travel charge card and/or purchase card.

a. Misuse of travel card (i.e., Written 5-day suspension 30-day personal/unauthorized purchases) Reprimand to 30- to removal suspension or delinquent in payment. day suspension to removal

b. Misuse of travel card (i.e., 5- to 30-day 14-day Removal personal/unauthorized purchases) suspension suspension and delinquent in payment. to removal

c. Unauthorized use of or Written 14-day Removal failure to appropriately monitor Reprimand to 30- suspension to use of Government purchase card; day suspension removal “micro-purchasing” violations.

24. Carrying a firearm or other 30-day Removal Refer to 18 USC weapon on Government property suspension 930. (or in Government vehicle) unless to removal specifically authorized/required in the performance of duties.

25. Using public office for private 5-day suspension Removal Refer to 5 CFR gain. to removal 2635.702.

26. Engaging in Written 5- to 14-day 14-day Refer to 5 CFR unauthorized/prohibited selling, Reprimand to 5- suspension suspension 2635.808. soliciting or fundraising activities. day suspension to removal

27. Engaging in prohibited Written Removal Refer to 5 CFR outside employment or private Reprimand to 3501.105. business activities. removal

28. Participating in particular 5-day suspension Removal Refer to 5 CFR matters while having a conflicting to removal 2635.401. financial interest.

29. Participating in matters 5-day suspension Removal Refer to 5 CFR affecting financial interests of an to removal 2635.601. entity where employment is being sought.

30. Violating the Commission’s Written 30-day Removal or any other professional code of Reprimand to 30- suspension to conduct that applies to employees day suspension removal required to maintain a professional license or membership.

31. Violating the Standards of Written 14-day Removal Refer to 5 CFR Ethical Conduct not covered Reprimand to suspension to 2635. elsewhere in this Table. removal removal

32. Unauthorized use of Written Removal Refer to 5 CFR nonpublic information. Reprimand to 2635.703. removal

33. Engaging (on-duty or off- 5-day suspension 30-day Removal duty) in criminal, infamous, to removal suspension dishonest, or notoriously to removal disgraceful conduct prejudicial to the Government.

34. Unauthorized use, removal or Written Removal possession of a thing of value Reprimand to belonging to another employee or removal private citizen.

35. a. Acting or failing to act on 5 – Day Removal an official matter (including a Suspension to personnel action) in a manner removal which improperly takes into consideration an individual’s political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition. [This includes discrimination for or against any employee or applicant for employment prohibited by 42 U.S.C. 2000e-16; 29 U.S.C. 631 or 633a; 29 U.S.C. 206(d); 29 U.S.C. 791; or any other law, rule or regulation.] 5 – Day Removal b. Any reprisal or retaliation suspension to action against an individual removal involved in the EEO complaint process.

c. Use of remarks which Written 14 – Day relate to and insult or denigrate an Reprimand to 30 Suspension to individual’s race, color, religion, – Day Suspension removal national origin, sex, marital status, age, or handicapping condition.

d. Negligence or insensitivity Written 5 – Day to an individual’s race, color, Reprimand to 5 – Suspension to religion, national origin, sex, Day Suspension removal marital status, age, or handicapping condition which is determined to be discriminatory and where there is no other finding of overt discrimination.

e. Failure to take appropriate 5 – Day Removal action regarding allegations or Suspension to findings of discriminatory removal practices.

Nature of Offense Penalty for Penalty for Penalty Remarks (Supervisory Misconduct) First Offense Second for Offense Third Offense

1. Taking, directing others to take, 5-day suspension 14-day Removal Refer to 5 USC recommending or approving any to removal suspension 2302, 5 CFR action which may be considered a to removal 2635.101(13). “prohibited personnel practice” (e.g., reprisal against an employee for engaging in protected activities; discrimination based on race, color, gender, age, religion, national origin, marital status, political affiliation, sexual orientation or handicapping condition).

2. Taking reprisal action against 5- to 30-day 14-day Removal Refer to 5 USC, an employee for exercising rights suspension suspension Chapter 71. provided by the Federal Service to removal Labor-Management Relations Statute.

3. Neglecting to recommend/take Written 14-day Removal corrective action upon receipt of Reprimand to 30- suspension information regarding the job- day suspension to removal related misconduct of a subordinate employee.

4. Failure to appropriately Written 14-day Removal monitor employee use of Reprimand to 14- suspension day suspension to removal Government purchase/travel charge card.

5. Misconduct of a sexual nature 5-day suspension 14-day Removal More severe that includes, but is not limited to, to removal suspension to discipline is unwelcome sexual remarks, removal appropriate for indecent comments/jokes, egregious offensive sexual banter, unwanted misconduct. sexual advances, or unwelcome physical touching.

6. Influencing or attempting to 5- to 30-day 14-day Removal Refer to 5 USC influence the EEOC employment suspension suspension 3110. of a relative. to removal

7. Using Government employees Written 14-day 30-day Refer to 5 CFR in duty status for other than Reprimand to suspension suspension 2635.705(b). official purposes. removal to removal to removal

8. Borrowing money from a Written Removal subordinate employee, securing a Reprimand to subordinate’s endorsement on a removal loan, or otherwise having a subordinate assume the financial responsibility of a superior.

9. Use of (or authorizing the use Written Removal of) employees, or Government Reprimand to owned, leased or provided removal property, facilities, services or credit cards, for inappropriate or non-official purposes.

10. Willful use of (or authorizing 30 – Day Removal 31 U.S.C. 1349(b) the use or) any Government- Suspension to mandates a owned or Government-leased removal minimum penalty passenger vehicles or aircraft for of a one month other than official purposes. suspension for unofficial use of Government Passenger carrying vehicles.

Nature of Offense Penalty for Penalty for Penalty Remarks (Violations of Statute) First Offense Second for Offense Third Offense 1. Engaging in prohibited partisan 30-day Removal Refer to 5 USC, political activity (e.g., partisan suspension to Sections 7321- campaigning; soliciting/receiving removal 7326. political contributions).

2. Participating in a strike, work 30-day Removal Refer to 5 USC stoppage, work slowdown, sick- suspension 7311. out, or other similar job action. to removal

3. Misappropriating/misapplying 1- to 30-day 30-day Removal Refer to 31 USC Government funds; directing, suspension suspension 1301, 1341 and expecting, or rendering services to removal 1349. not covered by appropriations.

4. Willfully mutilating or Removal Refer to 18 USC destroying a public record. 2071.

5. Willfully using or authorizing 30-day Removal Refer to 31 USC the use of a Government suspension 1344 and 1349. vehicle/aircraft for other than to removal official purposes.

6. Engaging in actions against 30-day Removal Refer to 5 USC national security. suspension to 7532. removal