Table of Offense and Penalties | Federal News Network

TABLE OF OFFENSES AND PENALTIES

Nature of Offense

(General Misconduct)

Penalty for

First Offense

Penalty for

Second

Offense

Penalty

for

Third

Offense

Remarks

1. Attendance-related offenses.

a. Absence without leave

(AWOL). This includes tardiness

and unauthorized delay in

returning from lunch and break

periods, or in returning after

leaving work station on official

business; unauthorized departure

or absence from duty station.

b. Failure to follow established

leave procedures; failure to

provide administratively

acceptable documentation to

support absence(s).

c. Excessive unauthorized

absences (e.g., more than 5

consecutive workdays).

d. Failure to report for duty as

detailed, transferred, or

reassigned.

Written

Reprimand to 5-

day suspension

Written

Reprimand to 5-

day suspension

5-day suspension

to removal

Removal

5- to 30-day

suspension

5- to 30-day

suspension

14-day

suspension to

removal

30-day

suspension

to removal

30-day

suspension

to removal

Removal

Refer to EEOC

Order 550.007

Leave Policies

and Procedures

for leave

requirements and

guidance.

Penalty depends

primarily on

length and

frequency of

unacceptable

absences.

Removal may be

appropriate for a

first or second

offense if the

absence is

prolonged, the

failure to adhere

to leave

procedures is

flagrant, or the

circumstances are

otherwise

particularly

burdensome.

2. Improper or unauthorized

release of sensitive and

administratively-controlled

information or employee records;

failure to safeguard classified

material.

a. Information is not

compromised and release is

unintentional.

b. Information is compromised

and release is unintentional.

Written

Reprimand to 5-

day suspension

Written

Reprimand to 30-

day suspension

5- to 30-day

suspension

30-day

suspension to

removal

30-day

suspension

to removal

Removal

Refer to 5 USC

552a and 43 CFR

2.52 for Privacy

Act provisions

regarding the

misuse of

personal

information; also

refer to 18 USC

798 and 18 USC

1905.

c. Release of restricted

information is deliberate.

30-day

suspension to

removal

Removal

3. Offenses related to substance

abuse.

a. Alcohol-related

(1) Reporting to or being on duty

while “under the influence” of

alcohol.

(2) Unauthorized use and/or

possession of alcoholic beverages

while on Government premises

(or vehicle).

(3) Operating a Government

vehicle/aircraft while “under the

influence” of alcohol.

b. Drug-related

(1) Administratively confirmed

positive finding under the testing

portion of the Drug-Free

Workplace Program.

(2) Unlawful use, being under the

influence or unauthorized

possession of drugs, drug

paraphernalia or controlled

substance while on Government

premises or in a duty status.

(3) Sale or transfer of an illegal

drug or controlled substance

Written

Reprimand to 5-

day suspension

Written

Reprimand to 30-

day

suspension

30-day

suspension

to removal

Written

Reprimand to

removal

Written

Reprimand to

removal

Removal

5- to 30-day

suspension

30-day

suspension

to removal

Removal

30-day

suspension

to removal

30-day

suspension

to removal

Removal

Actions involving

these offenses

must assure that

counseling or

rehabilitative

assistance is

offered; however,

referral to an

employee

assistance

program (EAP)

does not preclude

the initiation of

corrective action.

When there is

possession of

illegal drugs - call

law enforcement

and notify Office

of the Chief

Human Capital

Officer Labor &

Employee

Relations

Division as well

as Safety,

Security &

Emergency

while on Government premises

(or vehicle).

(4) Refusal or failure to provide a

required specimen for drug-

testing; tampering with a drug-test

specimen; refusal to obtain

counseling or rehabilitation (after

finding of illegal drug use).

14-day

suspension to

removal

30-day

suspension to

removal

Preparedness

office.

When the

substance is

prescribed by an

appropriate

medical authority

and used

accordingly, it

would not be an

offense.

4. Discourteous conduct (e.g.,

rude, insolent, disgraceful acts or

remarks) toward supervisors, co-

workers, or the public.

Written

Reprimand to 5-

day suspension

5- to 30-day

suspension

30-day

suspension

to removal

5 USC 7503(a)

permits

suspension of 14

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

supervisor, or any

other pattern of

discourteous

conduct.

a. Boisterous or

disruptive/disorderly conduct; use

of insulting, intimidating, abusive

or offensive language to or about

another employee or supervisor.

b. Negligence, including the

careless failure to comply with

rules, regulations, written

procedures, or proper supervisory

instructions.

c. Deliberate or malicious refusal

to comply with rules, regulations,

Written

Reprimand to 5-

day suspension

Letter of

reprimand to 14 –

day suspension

Letter of

reprimand to

removal

5- to 30-day

suspension

5 – day

suspension to

removal

14 – day

suspension to

removal

30-day

suspension

to removal

written procedures, or proper

supervisory instructions.

6. Deliberately making known

false, malicious, or unfounded

statements against co-workers,

supervisors, subordinates, or

Government officials which could

undermine the authority or

damage the reputation of those

concerned.

Written

Reprimand to

removal

14-day

suspension

to removal

30-day

suspension

to removal

Refer to 5 USC

2302(b)(8) and

(9), prohibiting

actions against

employees for

engaging in

protected

activities.

7. Threatening statements or

behavior (of a physical nature).

14-day

suspension

to removal

Removal

Charge involving

“threat” must

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

fighting.

a. Engaging in potentially

dangerous “horseplay.”

b. Fighting, attempting to

inflict or inflicting bodily harm

while on Government premises

and/or when in a duty status.

Written

Reprimand to 14-

day suspension

Written

Reprimand to

removal

14-day

suspension

to removal

Removal

30-day

suspension

to removal

Removal

Penalty depends

on such factors as

provocation,

extent of injuries,

and whether

actions were

defensive or

offensive in

nature.

9. Misconduct of a sexual nature

that includes, but is not limited to,

unwelcome sexual remarks,

indecent comments/jokes,

offensive sexual banter, unwanted

sexual advances, or unwelcome

physical touching.

Written

Reprimand to

removal

14- day

suspension to

removal

Removal

More severe

discipline is

appropriate for

egregious

misconduct.

Refer to 29 CFR

1604 on EEOC

Zero tolerance

policy.

10. Failure to provide equal

opportunity regardless of race,

color, religion, gender, national

origin, age, marital status,

political affiliation, sexual

orientation or handicapping

condition.

Written

Reprimand to

removal

14-day

suspension to

removal

Removal

Refer to 5 CFR

2635.101(13).

11.

a. Unauthorized possession/sale

(actual or attempted) of

Government property or property

of others; improper acceptance of

Government

funds/reimbursement.

b. Submission of (or causing or

allowing the submission of)

falsely stated time logs, leave

forms, travel or purchase

vouchers, payroll, loan, or other

fiscal documents.

c. Failure to properly account for

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

employment.

d. Concealment of (or failing to

report) missing, lost, or

misappropriated funds, or other

fiscal irregularities.

Written

Reprimand to

removal

Letter of

reprimand to

removal, if for

administrative

convenience or to

avoid following

required

procedures.

Letter of

reprimand to

removal

Letter of

reprimand to

removal

14-day

suspension to

removal

Removal

30-day

suspension

to removal

12. Loss, misuse of, damage to or

failure to safeguard Government

property, records, or information

(e.g., willful or negligent damage

to Government resources;

carelessness in performance of

Written

Reprimand to 14-

day suspension

14- to 30-day

suspension

30-day

suspension

to removal

Refer to 5 CFR

2635.101(9).

duty resulting in waste of public

funds).

13. Willful use of (or authorizing

the use of) any Government-

owned or Government – leased

passenger vehicles for other than

official purposes.

30 –day

suspension to

removal.

Removal

31 USC 1349 (b)

mandates a

minimum penalty

of a one month

suspension for

unofficial use of

Government

passenger

carrying vehicles.

14. Failure to comply with safety

regulations, instructions or

prescribed safe practices; failure

to use proper safety equipment;

failure to report accident or

injury.

Written

Reprimand to 14-

day suspension

14- to 30-day

suspension

30-day

suspension

to removal

15. Sleeping or loafing while on

duty; inattention to duty; willful

idleness while on duty.

Written

Reprimand to 5-

day suspension

5- to 14-day

suspension

14-day

suspension

to removal

Seriousness of

offense is greater

persons/property

endangered.

16. Failure or delay in carrying

out instructions; failure or

carelessness in performing

assigned work; failure to

take/complete officially-directed

training.

Written

Reprimand to 14-

day suspension

14- to 30-day

suspension

30-day

suspension

to removal

17. Insubordination; disregard of

directive; refusal to

comply with a proper order.

5-day suspension

to removal

30-day

suspension

to removal

Removal

18.

Falsification/misrepresentation of

official Government records or

documents including, but not

limited to, time and attendance

records, travel vouchers, job

applications, performance

appraisals, claims for benefits,

and other employment-related

documents.

Written

Reprimand to

removal

30-day

suspension

to removal

Removal

19.

a. Misrepresentation,

falsification, exaggeration,

Removal

concealment or withholding of

material fact in connection with

an official Government

investigation, inquiry or other

administrative proceeding.

b. Unethical or improper use of

official authority or credentials.

c. Unauthorized disclosure or use

of (or failure to safeguard)

information protected by the

Privacy Act or other official,

sensitive, or confidential

information.

14-day

suspension

to removal

Written

Reprimand to

removal

Written

Reprimand to

removal

30-day

suspension

to removal

Removal

20. Refusal to testify or cooperate

in connection with any

administrative investigation,

inquiry, or other proper

proceeding (when criminal

charges are not anticipated).

5-day suspension

to removal

14-day

suspension

to removal

30-day

suspension

to removal

21. Prohibited/improper use of

Government property (e.g., office

equipment; supplies; facilities;

credentials; records;

communication resources; cellular

phones; official time); misuse of

the Internet/electronic mail; using

the Internet/electronic mail for

unauthorized purposes.

Written

Reprimand to 14-

day suspension

More severe

discipline

(including

removal) may be

appropriate for

first/second

offense if

misconduct

involves using the

Commission’s

Internet/electronic

mail system for

prohibited

reasons, including

gambling,

accessing/sending

prohibited

sexually-related

material, or other

egregious acts of

misuse.

14- to 30-day

suspension

More severe

discipline

(including

removal) may be

appropriate for

first/second

offense if

misconduct

involves using the

Commission’s

Internet/electronic

mail system for

prohibited

reasons, including

gambling,

accessing/sending

prohibited

sexually-related

material, or other

egregious acts of

misuse.

30-day

suspension

to removal

Refer to 5 CFR

2635.704 and

705(a). Consider

issue of employee

notice regarding

agency policy.

22. Offenses related to gambling.

a. Participating in a gambling

activity while on Government

premises or in a duty status (e.g.,

office pools).

b. Operating, assisting, or

promoting a gambling activity

while on Government premises or

in a duty status or while others

involved are in a duty status.

Written

Reprimand to 14-

day suspension

5- to 30-day

suspension

14- to 30-day

suspension

30-day

suspension

to removal

30-day

suspension

to removal

Removal

Refer to 5 CFR

735.201.

23. Offenses related to

Government travel charge card

and/or purchase card.

a. Misuse of travel card (i.e.,

personal/unauthorized purchases)

or delinquent in payment.

b. Misuse of travel card (i.e.,

personal/unauthorized purchases)

and delinquent in payment.

c. Unauthorized use of or

failure to appropriately monitor

use of Government purchase card;

“micro-purchasing” violations.

Written

Reprimand to 30-

day suspension

5- to 30-day

suspension

Written

Reprimand to 30-

day suspension

5-day suspension

to removal

14-day

suspension

to removal

14-day

suspension to

removal

30-day

suspension

to removal

Removal

24. Carrying a firearm or other

weapon on Government property

(or in Government vehicle) unless

specifically authorized/required in

the performance of duties.

30-day

suspension

to removal

Removal

Refer to 18 USC

930.

25. Using public office for private

gain.

5-day suspension

to removal

Removal

Refer to 5 CFR

2635.702.

26. Engaging in

unauthorized/prohibited selling,

soliciting or fundraising activities.

Written

Reprimand to 5-

day suspension

5- to 14-day

suspension

14-day

suspension

to removal

Refer to 5 CFR

2635.808.

27. Engaging in prohibited

outside employment or private

business activities.

Written

Reprimand to

removal

Removal

Refer to 5 CFR

3501.105.

28. Participating in particular

matters while having a conflicting

financial interest.

5-day suspension

to removal

Removal

Refer to 5 CFR

2635.401.

29. Participating in matters

affecting financial interests of an

entity where employment is being

sought.

5-day suspension

to removal

Removal

Refer to 5 CFR

2635.601.

30. Violating the Commission’s

or any other professional code of

conduct that applies to employees

required to maintain a

professional license or

membership.

Written

Reprimand to 30-

day suspension

30-day

suspension to

removal

Removal

31. Violating the Standards of

Ethical Conduct not covered

elsewhere in this Table.

Written

Reprimand to

removal

14-day

suspension to

removal

Removal

Refer to 5 CFR

2635.

32. Unauthorized use of

nonpublic information.

Written

Reprimand to

removal

Removal

Refer to 5 CFR

2635.703.

33. Engaging (on-duty or off-

duty) in criminal, infamous,

dishonest, or notoriously

disgraceful conduct prejudicial to

the Government.

5-day suspension

to removal

30-day

suspension

to removal

Removal

34. Unauthorized use, removal or

possession of a thing of value

belonging to another employee or

private citizen.

Written

Reprimand to

removal

Removal

35. a. Acting or failing to act on

an official matter (including a

personnel action) in a manner

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.]

b. Any reprisal or retaliation

action against an individual

involved in the EEO complaint

process.

5 – Day

Suspension to

removal

5 – Day

suspension to

removal

Removal

c. Use of remarks which

relate to and insult or denigrate an

individual’s race, color, religion,

national origin, sex, marital status,

age, or handicapping condition.

d. Negligence or insensitivity

to an individual’s race, color,

religion, national origin, sex,

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

action regarding allegations or

findings of discriminatory

practices.

Written

Reprimand to 30

– Day Suspension

Written

Reprimand to 5 –

Day Suspension

5 – Day

Suspension to

removal

14 – Day

Suspension to

removal

5 – Day

Suspension to

removal

Removal

Nature of Offense

(Supervisory Misconduct)

Penalty for

First Offense

Penalty for

Second

Offense

Penalty

for

Third

Offense

Remarks

1. Taking, directing others to take,

recommending or approving any

action which may be considered a

“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).

5-day suspension

to removal

14-day

suspension

to removal

Removal

Refer to 5 USC

2302, 5 CFR

2635.101(13).

2. Taking reprisal action against

an employee for exercising rights

provided by the Federal Service

Labor-Management Relations

Statute.

5- to 30-day

suspension

14-day

suspension

to removal

Removal

Refer to 5 USC,

Chapter 71.

3. Neglecting to recommend/take

corrective action upon receipt of

information regarding the job-

related misconduct of a

subordinate employee.

Written

Reprimand to 30-

day suspension

14-day

suspension

to removal

Removal

4. Failure to appropriately

monitor employee use of

Written

Reprimand to 14-

day suspension

14-day

suspension

to removal

Removal

Government purchase/travel

charge card.

5. Misconduct of a sexual nature

that includes, but is not limited to,

unwelcome sexual remarks,

indecent comments/jokes,

offensive sexual banter, unwanted

sexual advances, or unwelcome

physical touching.

5-day suspension

to removal

14-day

suspension to

removal

Removal

More severe

discipline is

appropriate for

egregious

misconduct.

6. Influencing or attempting to

influence the EEOC employment

of a relative.

5- to 30-day

suspension

14-day

suspension

to removal

Removal

Refer to 5 USC

3110.

7. Using Government employees

in duty status for other than

official purposes.

Written

Reprimand to

removal

14-day

suspension

to removal

30-day

suspension

to removal

Refer to 5 CFR

2635.705(b).

8. Borrowing money from a

subordinate employee, securing a

subordinate’s endorsement on a

loan, or otherwise having a

subordinate assume the financial

responsibility of a superior.

Written

Reprimand to

removal

Removal

9. Use of (or authorizing the use

of) employees, or Government

owned, leased or provided

property, facilities, services or

credit cards, for inappropriate or

non-official purposes.

Written

Reprimand to

removal

Removal

10. Willful use of (or authorizing

the use or) any Government-

owned or Government-leased

passenger vehicles or aircraft for

other than official purposes.

30 – Day

Suspension to

removal

Removal

31 U.S.C. 1349(b)

mandates a

minimum penalty

of a one month

suspension for

unofficial use of

Government

Passenger

carrying vehicles.

Nature of Offense

(Violations of Statute)

Penalty for

First Offense

Penalty for

Second

Offense

Penalty

for

Third

Offense

Remarks

1. Engaging in prohibited partisan

political activity (e.g., partisan

campaigning; soliciting/receiving

political contributions).

30-day

suspension to

removal

Removal

Refer to 5 USC,

Sections 7321-

7326.

2. Participating in a strike, work

stoppage, work slowdown, sick-

out, or other similar job action.

30-day

suspension

to removal

Removal

Refer to 5 USC

7311.

3. Misappropriating/misapplying

Government funds; directing,

expecting, or rendering services

not covered by appropriations.

1- to 30-day

suspension

30-day

suspension

to removal

Removal

Refer to 31 USC

1301, 1341 and

1349.

4. Willfully mutilating or

destroying a public record.

Removal

Refer to 18 USC

2071.

5. Willfully using or authorizing

the use of a Government

vehicle/aircraft for other than

official purposes.

30-day

suspension

to removal

Removal

Refer to 31 USC

1344 and 1349.

6. Engaging in actions against

national security.

30-day

suspension to

removal

Removal

Refer to 5 USC

7532.