32. Unauthorized use of nonpublic information. Written Reprimand Removal Refer to 5 CFR 2635.703. to removal 33. Engaging (on-duty or off-duty) in criminal, 5-day suspension 30-day suspension Removal Refer to 43 CFR 20.501. infamous, dishonest, or notoriously disgraceful to removal to removal conduct prejudicial to the Government. Nature of Offense Penalty for First Penalty for Second Penalty for Remarks (Supervisory Misconduct) Offense Offense Third Offense 1. Taking, directing others to take, recommending or 5-day suspension to 14-day suspension Removal Refer to 5 USC 2302, 5 CFR approving any action which may be considered a removal to removal 2635.101(13), and related (e.g., reprisal against Department policies. Action “prohibited personnel practice” an employee for engaging in protected activities; may be taken regardless of discrimination based on race, color, gender, age, whether there was an official religion, national origin, marital status, political of discrimination (or “finding” affiliation, sexual orientation or handicapping other prohibited personnel condition). practice). 2. Taking reprisal action against an employee for 5- to 30-day 14-day suspension Removal Refer to 5 USC, Chapter 71. exercising rights provided by the Federal Service suspension to removal Labor-Management Relations Statute. 3. Neglecting to recommend/take corrective action Written Reprimand 14-day suspension Removal upon receipt of information regarding the job-related to 30-day suspension to removal misconduct of a subordinate employee. 4. Failure to appropriately monitor employee use of Written Reprimand 14-day suspension Removal Government purchase/travel charge card. to 14-day suspension to removal 5. Misconduct of a sexual nature that includes, but is 5-day suspension to 14-day suspension to Removal Refer to the Zero Department’s not limited to, unwelcome sexual remarks, indecent removal removal Tolerance Policy; penalty may comments/jokes, offensive sexual banter, unwanted include mandatory training. sexual advances, or unwelcome physical touching. More severe discipline is appropriate for egregious misconduct.
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 Refer to 43 CFR 20.501. 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), and related Department policies. Action may be taken regardless of whether there was an official “finding” of discrimination (or other prohibited personnel practice). 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 Government purchase/travel charge card. Written Reprimand to 14-day suspension 14-day suspension to removal Removal 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 Refer to the Department’s Zero Tolerance Policy; penalty may include mandatory training. More severe discipline is appropriate for egregious misconduct.
Table%20of%20Penalties%20-%20Full%20Document.docx