(600)-70 PERSONNEL

\(600\) 70.8 [Employee Relations]{.underline}

70.8.1 [Guideline of Offenses and
Penalties](../../600-exhibits/exhibit600-70-3.doc)[.]{.underline}

The purpose of this guide is twofold: (1) to assist TIGTA management in
taking appropriate, fair, equitable, and consistent actions when
selecting penalties in disciplinary actions, and (2) to highlight the
possible consequences of misconduct.

This guide is intended for all TIGTA employees. While the objective of
the guide is to set out a uniform code and range of penalties for
certain offenses, except as noted the guide does provide flexibility in
administering disciplinary and adverse actions.

This guide does not, except where there is a legal or TIGTA mandate for
the penalty, require a specific penalty. The listing or range of
penalties is not intended to imply that a greater or lesser penalty is
inappropriate, if in the assessment of management predominant mitigating
or aggravating circumstances are present which require a greater or
lesser penalty.

A corrective action which is below the range indicated could be
appropriate for minor or technical violations or for cases in which
there are compelling mitigating factors. In such cases, verbal or
written counseling/warning may be appropriate to correct a problem.

A corrective action, which is above the range, could be appropriate for
particularly egregious misconduct, cases in which there are significant
aggravating factors, or where the position of the employee requires a
high standard of trust (i.e., managers, law enforcement personnel). Even
for offenses where removal is not listed, removal for the first offense
is not precluded.

Multiple offenses or offenses that violate more than one law, rule,
regulation, or practice, normally will be grounds for more severe action
than indicated for a single offense.

Repeated offenses, whether or not they are of the same kind or directly
related, normally will be grounds for more severe action than indicated,
including removal.

This guide is not intended to be an exhaustive listing of all offenses.
In the absence of a specific offense, [Item Number
35](../../600-exhibits/exhibit600-70-3.doc#NotCoded) may be utilized for
penalty determinations in matters not otherwise coded. The guide
presents some types of misconduct and a range of penalties that would
reasonably be expected. Progressive discipline would be used for
repeated offenses.

The guide does not apply to employees serving a probationary or trial
period. Failure to demonstrate fitness for continued employment will
result in termination during the probationary or trial period. It should
be noted that [5 CFR 752, Subpart
F](http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=5&PART=752&SECTION=604&YEAR=2002&TYPE=TEXT)
indicates that a suspension for an employee covered by the Senior
Executive Service must be for more than 14 days.

Demotions may be effected when appropriate, e.g., in lieu of removal,
when the offense would not reasonably impair successful performance in
another position (if available).

Officials responsible for determining an appropriate penalty should
identify the Douglas Factors (see listing below) that are favorable and
the factors that are unfavorable. The factors should be considered with
the penalty shown for that offense and a decision made to use the
penalty shown a lesser penalty because of mitigating circumstances, or a
more severe penalty because of aggravating or unfavorable factors. For
some offenses, the penalty has been mandated by law or TIGTA.

70.8.1.2 [Factors Considered in Selecting a Penalty]{.underline}.

::: Definition-Term
Douglas Factors
:::

The MSPB set out guidelines explaining the types of factors agencies
should consider in selecting a penalty. Not all of the factors apply in
every case. Thus, managers must consider the relevant factors given the
circumstances of each individual case, and strike a responsible balance
within the tolerable limits of reasonableness. The Board stressed that
agencies should not evaluate the relevant factors \"mechanistically\" by
formula. These factors are discussed below:

-   The nature and seriousness of the offense, and its relation to the
    employee\'s duties, position and responsibilities, including whether
    the offense was intentional or technical or inadvertent, or was
    committed maliciously or for gain or was frequently repeated;

-   The employee\'s job level and type of employment, including
    supervisory or fiduciary role, contacts with the public, and
    prominence of the position;

-   The employee\'s past disciplinary record;

-   The employee\'s past work record, including length of service,
    performance on the job, ability to get along with fellow workers,
    and dependability;

-   The effect of the offense upon the employee\'s ability to perform at
    a satisfactory level and its effect upon supervisor\'s confidence in
    the employee\'s ability to perform assigned duties;

-   Consistency of the penalty with those imposed upon other employees
    for the same or similar offense;

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-   Consistency of the penalty with the applicable agency table of
    penalties.

-   The notoriety of the offense or its impact upon the reputation of
    the agency;

-   The clarity with which the employee was on notice of any rules that
    were violated in committing the offense, or had been warned about
    the conduct in question;

-   Potential for the employee\'s rehabilitation;

-   Mitigating circumstances surrounding the offense such as:

> Any unusual job tensions, personality problems, mental impairment,
> harassment, or bad faith, malice or provocation on the part of others
> involved in the matter; and
>
> The adequacy and effectiveness of alternative sanctions to deter such
> conduct in the future by the employee or others.

70.8.1.3 [Section 1203(b) Misconduct -- TIGTA Mirror Provisions and
Penalties.](../../600-exhibits/exhibit600-70-4.doc)

The IRS Restructuring and Reform Act of 1998 (RRA'98), Section 1203 (b),
Conduct Provisions, provides that the Commissioner of Internal Revenue
will terminate an IRS employee's employment when there is a final
administrative or judicial determination that an IRS employee committed
certain acts or omissions. The RRA'98 provision allows the Commissioner
to consider mitigating factors before making a final determination. By
law, the Commissioner's determinations are final and may not be
appealed.

TIGTA has unique IRS oversight and tax administration duties, including
responsibility for conducting independent audits and investigations
relating to the IRS. TIGTA management has determined that it is
appropriate to identify specifically nine (9) of the same provisions and
associated penalties found in section 1203 of RRA'98 by which TIGTA
employees are bound pursuant to the Standards of Conduct for Executive
Branch Employees and the Supplemental Standards of Conduct for Treasury
Employees. Unlike section 1203(b), however, TIGTA's penalty
determinations are not mandated by law and may be appealed through usual
administrative or judicial proceedings.

TIGTA management has determined these nine acts or omissions are
sufficiently serious to warrant special notice to employees and severe
penalties. For emphasis, clarity, and ease of reference, therefore,
these nine provisions are listed separately from the penalty guide.

The nine specific willful acts or omissions which TIGTA management has
determined appropriately apply to TIGTA employees are:

-   Providing a false statement under oath with respect to a material
    matter involving a taxpayer or taxpayer representative.

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-   With respect to a taxpayer, taxpayer representative or other TIGTA
    employee, the violation of any right under the Constitution of the
    United States; or any civil right established under:

> Title VI or VII of the Civil Rights Act of 1964,
>
> Title IX of the Education Amendments of 1972,
>
> the Age Discrimination in Employment Act of 1967,
>
> the Age discrimination Act of 1975,

Section 501 or 504 of the Rehabilitation Act of 1973 or

> Title I of the Americans with Disabilities Act of 1990.

-   Falsifying or destroying documents to conceal mistakes made by any
    employee with respect to a matter involving a taxpayer or taxpayer
    representative.

-   Assault or battery on a taxpayer, taxpayer representative, or other
    TIGTA employee, but only if there is a criminal conviction, or a
    final judgment by a court in a civil case, with respect to the
    assault or battery.

-   Violations of the Internal Revenue Code of 1986, Department of
    Treasury regulations, or policies of TIGTA for the purpose of
    retaliating against, or harassing, a taxpayer, taxpayer
    representative, or other TIGTA employee.

-   Willful misuse of the provisions of Section 6103 of the Internal
    Revenue Code of 1986 for the purpose of concealing information from
    congressional inquiry;

-   Willful failure to file any return required under the Internal
    Revenue Code of 1986 on or before the date prescribed therefore
    (including extensions), unless such failure is due to reasonable
    cause and not subject to willful neglect;

-   Willful understatement of Federal tax liability, unless such
    understatement is due to reasonable cause and not willful neglect;

-   Threatening to audit a taxpayer for the purpose of extracting
    personal gain or benefit.

Except as noted below, if there is a final administrative or judicial
determination that a TIGTA employee has committed any of the nine
infractions in the preceding list, the penalty, even for a first
offense, will be removal.

In EEO matters, complainants pursue administrative or judicial relief
against agencies rather than individual agency employees, although the
basis for the complaint typically is the conduct of one or more other
employees. In these cases, employees other than the complainant are not
parties to the proceeding and have no opportunity to offer evidence or
question witnesses. In addition, sometimes for reasons unrelated to case
merits, an agency might opt to settle a matter or choose not to appeal
an adverse ruling, thereby allowing the ruling to become final as to the
agency. Consequently, where there is a finding of discrimination in an
EEO matter within the coverage of an applicable conduct provision listed
above, TIGTA will independently assess the allegation and determine
appropriate employee penalties, if any. In its review, TIGTA will
consider any administrative or judicial findings, the reasons the agency
offered in defending the proceeding, and the reasons for the agency's
decision not to appeal any adverse ruling.

If management determines an employee's conduct is within the coverage of
a conduct provision, as with the other offenses listed in this section,
TIGTA will follow the appropriate statutory and regulatory requirements
for removing the employee. Any final decision to remove an employee
would also be subject to appeal in any administrative or judicial
proceeding.

70.8.2 [Agency Grievance Procedure]{.underline}

70.8.2.1 [Scope]{.underline}. This section establishes policy and
contains instructions and guidelines for the timely and equitable
consideration of grievances of employees of the TIGTA. This grievance
procedure is effective upon issuance with respect to all agency
grievances filed on and after that date.

70.8.2.2 [Regulatory Basis]{.underline}. This Handbook implements [5
Code of Federal Regulations
771.](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr771_02.html)

70.8.2.3 [Purpose]{.underline}. The purpose of the TIGTA agency
grievance system is to provide a fair, equitable, and timely forum for
internal review and resolution of disputes on employment-related matters
arising in and under the control of TIGTA. **[The TIGTA agency grievance
procedure strongly encourages all managers and employees to make efforts
to seek early, informal resolution of disputes.]{.underline}**

Employees and managers involved in grievances or appeals shall be free
from restraint, interference, coercion, discrimination, reprisal, and
intimidation in connection with their respective roles in such
proceedings.

Actions on the part of employees or managers intended to intimidate,
coerce, or take reprisal against employees offering information in such
cases are expressly prohibited and may result in disciplinary action.

The TIGTA Personnel Office will provide advice and guidance on the
processing of grievances.

70.8.2.4 [Definitions]{.underline}.

[Days]{.underline} - means administrative workdays (days that the office
is officially open). Workdays exclude Saturdays, Sundays, holidays and
days on which the office is officially closed such as for inclement
weather.

[Employee]{.underline} - means a current permanent employee of TIGTA, or
a former TIGTA employee for whom the grievance involves a financial
consideration.

[Control of agency management]{.underline} - means a decision that is
exclusively within the delegated authority of TIGTA in accordance with
the Inspector General Act of 1978, as amended (5 U.S.C. App. 3), the
Internal Revenue Service Restructuring and Reform Act of 1998 (Public
Law 105-206), Treasury Order 115-01, and Title 5, United States Code, (5
U.S.C. Section 302, Delegation of Authority).

[Grievance]{.underline} - is a written request by an employee, or by a
group of employees for personal relief in a matter of concern or
dissatisfaction relating to the employment of the employee(s) that is
subject to the control of agency management. This includes any
allegations of coercion, reprisal or retaliation (except Equal
Employment Opportunity cases arising under 29 Code of Federal
Regulations (CFR) 1614).

[Personal relief]{.underline} - means a specific remedy directly
benefiting the grievant(s) and may not include a request for
disciplinary or other action (i.e. reassignment) affecting another TIGTA
employee, including any management official.

[Appropriate Management Official]{.underline} - is the person at the
lowest management level, including the employee's immediate supervisor,
who can remedy the employee's specific concern or dissatisfaction.

[Deciding Official]{.underline} - is the management official designated
to issue the decision on the grievance. He or she must be at a higher
administrative level than any person involved in the earlier step of the
grievance procedure. The authority of the deciding official may not be
delegated

[Appellate Official]{.underline} - is the management official at the
next higher administrative level to which the deciding official or
employee refers a grievance. The appellate official will issue the final
agency determination on the grievance.

[Grievance File]{.underline} - means a separate file that contains all
documents related to the grievance.

[Representative]{.underline} - except as provided in Sections 70.8.2.10
& 11 below, is any person designated by an employee to assist that
employee in the presentation of a grievance.

[Grievance Examiner]{.underline} - is an impartial individual or \"Third
Party Neutral\" who attempts to help the parties resolve the grievance
by: (1) conducting an inquiry into the grievance; (2)
facilitating/mediating a resolution to the grievance; and (3)
recommending a course of action in any grievance that has not been
resolved by the parties. The recommendation(s) of the examiner are not
binding on the deciding or appellate official.

[Threshold Issue]{.underline} - is an issue of grievability or
timeliness that must be decided prior to reaching a decision on the
merits of the grievance.

[Grievance Official]{.underline} - is any manager who is directly
involved in any step of the grievance process and is responsible for
granting or not granting relief to the employee. This does not include
persons who provide advice or assistance.

70.8.2.5 [Responsibilities]{.underline}. Employees are responsible for
bringing to the attention of TIGTA management in a timely manner, any
matter of personal concern or dissatisfaction that is under the control
of the agency. Employees are encouraged to listen to and to consider
possible solutions to problems and make every attempt to informally
resolve workplace disputes at the lowest possible management level.

Managers at all levels of the organization are responsible for
performing their personnel management duties in a manner that will
promote a climate of confidence and teamwork among employees and will
assure employees of fair and responsive consideration of their rights
and concerns.

-   First and second level managers may not grant a remedy outside the
    express delegated authority of their respective positions without
    the specific review and approval by the TIGTA official who has the
    authority to grant the relief.

    The Immediate Supervisor is responsible for:

-   maintaining a fair, considerate, and open-minded attitude toward
    employees so that they will feel free to seek adjustment of any
    dissatisfaction in their work situations;

-   being alert to the presence of employee dissatisfaction, finding the
    reasons therefore, and clarifying misunderstandings that arise;

-   encouraging informal resolution of employee complaints and
    dissatisfaction; and

-   demonstrating a willingness to listen to and to consider employee
    problems; where it is not possible to resolve the issue informally,
    making certain that the employee is not restrained in the pursuit of
    the rights granted under this grievance system.

The Appropriate Management Official is responsible for:

-   investigating the grievance to ensure the facts given by the
    employee are accurate and complete;

-   assuring that the employee has detailed the issues with sufficient
    clarity to enable TIGTA management to understand fully the concerns
    of the employee;

-   discussing the grievance with the employee/representative and
    attempting to resolve the issues; and

-   fulfilling all the procedural requirements of [Step 1](#ERStepOne)
    of the grievance procedure.

The Deciding Official is responsible for:

-   discussing the grievance with the employee/representative and
    attempting to resolve the issues; and

-   fulfilling all the procedural requirements of [Step 2](#ERStepTwo)
    of the grievance procedure.

The Appellate Official is responsible for:

-   determining if discussions with the employee/representative,
    appropriate management official, grievance examiner, deciding
    official and/or TIGTA Personnel Office are necessary;

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-   reviewing the contents of the grievance file; and

-   fulfilling all the procedural requirements of [Step 3](#ERStepThree)
    of the grievance procedure.

The Personnel Officer or designee is responsible for:

-   notifying employees of the existence of this grievance procedure
    (This includes a responsibility to notify employees where it is
    available for review and where they may obtain a copy);

-   providing guidance and assistance to employees and management on all
    aspects of this grievance system; and

-   resolving any complaints and/or assisting in the adjudication of any
    grievances relating to the operation of the Personnel Office.

The Grievant is responsible for:

-   knowing the procedures for filing an agency grievance; and

-   contacting the TIGTA Personnel Office to determine the appropriate
    management official to whom to address the grievance; and

-   ensuring that all relevant information is included in the grievance
    memorandum and that the grievance is stated in sufficient detail to
    identify the specific issues of concern; and

-   specifying the personal relief requested; and

-   making a good faith effort to resolve the grievance at the lowest
    possible level and presenting any information that may assist in
    achieving a solution to the appropriate grievance official and;

-   citing any specific provisions of law or regulation believed
    applicable; and

-   adhering to the specific timeframes outlined in the grievance
    procedure.

    The Grievance Examiner (Third Party Neutral) is responsible for:

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-   helping the parties resolve the grievance by conducting an inquiry
    into the grievance;

-   facilitating/mediating a resolution to the grievance;

-   recommending a course of action if the grievance has not been
    resolved by the parties; and

-   fulfilling all the procedural requirements of [Step 2](#ERStepTwo)
    of the grievance procedure.

70.8.2.6 [Employee Coverage]{.underline}. This grievance system applies
to all employees of the TIGTA, including former employees for whom a
grievance involves a financial consideration.

This grievance system does not apply to an applicant for employment who
applied for a position under TIGTA's Merit Promotion Plan and is not a
current employee of TIGTA.

70.8.2.7 [Grievance Coverage]{.underline}. Except as provided below,
this grievance procedure applies to any matter of concern or
dissatisfaction relating to the employment of an employee(s) which is
subject to the control of agency management, including any allegations
of coercion, reprisal, or retaliation (except in EEO cases).

This grievance system does not apply to dissatisfaction with the
following:

-   Matters administered by the General Accounting Office and the Office
    of Workers' Compensation Programs.

-   A decision which is appealable to the MSPB or subject to final
    administrative review by the Office of Personnel Management or the
    Equal Employment Opportunity Commission under law or regulations of
    the Office or the Commission. (Note: All parts referenced are in
    Title 5 of the CFR unless otherwise indicated.) This includes, but
    is not limited to:

    denial by the agency of a Freedom of Information Act request for
    certain personnel records, appealable under [Part
    294](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr294_02.html),

    denial of access or amendment to a personnel record in the OPM's
    systems of records as defined in Part 297, appealable under [Part
    297](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr297_02.html),

    reduction-in-force action appealable under [Part
    351](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr351_02.html),

    an alleged violation of reemployment or reinstatement rights
    appealable under [Part
    330](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr330_02.html)
    or [Part
    352](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr352_02.html),

    an alleged violation of military or compensable injury restoration
    rights appealable under [Part
    353](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr353_02.html),

    a reduction in grade or removal for unacceptable performance
    appealable under [Part
    432](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr432_02.html),

    a position classification decision appealable under [Part
    511](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr511_02.html),

    a level of competence decision appealable under [Part
    531](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr531_02.html).

    a grade or salary retention decision appealable under [Part
    536](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr536_02.html),

    a job-grading decision appealable under [Part
    532](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr532_02.html),

    an action appealable under the Fair Labor Standards Act Compliance
    and Complaint procedures covered in FPM Letter 551-9,

    an adverse action appealable under [Part
    752](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr752_02.html),

    fitness for duty examination under [Part
    831](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr831_02.html),

    a life insurance decision appealable under [Part
    870](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr870_02.html),

    a health benefits decision appealable under [Part
    890](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr890_02.html),

    an allegation or complaint of discrimination appealable under [29
    C.F.R.
    1614](http://www.access.gpo.gov/nara/cfr/waisidx_01/29cfr1614_01.html);

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-   the content of published government and agency regulations,
    instructions, and policy;

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-   non-selection for promotion from a group of properly ranked and
    certified candidates, or failure to receive a noncompetitive
    promotion;

-   an action which terminates a temporary promotion within a maximum
    period of two years and returns the employee to the position from
    which the employee was temporarily promoted, or which reassigns or
    demotes the employee to a different position that is not at a lower
    grade or pay than the position from which the employee was
    temporarily promoted, unless the action is based on misconduct or
    unacceptable performance; (Note: If the termination involves removal
    from federal employment or demotion to a position at a lower grade
    or pay than the position from which the employee was temporarily
    promoted, that action must be processed under [Part
    752](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr752_02.html)
    or [Part
    432](http://www.access.gpo.gov/nara/cfr/waisidx_02/5cfr432_02.html)
    of 5 CFR, as appropriate, and therefore would not be grievable.)

-   the granting of or failure to grant, or the amount of an award
    granted either under 5 CFR Part 430, Subpart E or Part 451; or the
    adoption of, or failure to adopt an employee suggestion or invention
    under Part 451; or the granting of, or failure to grant an award of
    the rank of meritorious or distinguished executive under 4507 of
    Title 5, U.S.C., and 5 CFR Part 451, Subpart B;

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-   a preliminary warning or notice of an action which, if effected,
    would be covered under the grievance system or excluded from
    coverage under (b) above (i.e. Performance Opportunity Letter):

-   a separation action not excluded by (b) above; however, this
    exclusion shall not apply to the separation of non-preference
    eligible employees in the excepted service);

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-   a diminished penalty or other lesser action which resulted from a
    decision on a grievance;

-   a return of a Senior Executive Service career appointee to the
    General Schedule or another pay system during the one year period of
    probation or for less than fully successful executive performance
    under Section 3592 of Title 5, U.S.C.;

-   a reassignment of a Senior Executive Service appointee following the
    appointee's receipt of an unsatisfactory rating under Section 4314
    of Title 5, U.S.C;

-   the termination under Subpart D of Part 359 of 5 CFR of a Senior
    Executive Service career appointee during probation for
    unsatisfactory performance;

-   the substance of the critical elements and performance standards of
    an employee's position which have been established in accordance
    with requirements of subchapter 1 of Chapter 43 of Title 5, U.S.C.,
    and Part 430 of this title;

-   the receipt of or failure to receive a performance award under
    Section 5384 of Title 5, U.S.C., or a quality step increase under
    Section 5336 of Title 5, U.S.C.;

    A decision to grant or not to grant cash awards or honorary
    recognition under Chapter 54 of Title 5, U.S.C. and Part 540 of 5
    CFR. (An employee dissatisfied with his or her performance rating
    may file a grievance under the procedures set out in the
    reconsideration section of this guide):

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-   the termination under Subpart H or Part 315 of this title of a
    probationer for unsatisfactory performance; or conduct;

-   a performance evaluation under subchapter II of chapter 43 of Title
    5, U.S.C. (performance appraisal in the Senior Executive Service);

-   an action taken in accordance with the terms of a formal agreement
    voluntarily entered into by an employee that re-assigns the employee
    from one geographical location to another;

-   an action which terminates a term promotion at the completion of the
    project or specified period, or at the end of a rotational
    assignment in excess of two years but not more than five years, and
    returns the employee to the position from which promoted or to a
    different position of equivalent grade and pay in accordance with 5
    CFR 335.102.

    The granting of or failure to grant, or renew a required security
    clearance or eligibility for access to classified information which
    is appealable to the Treasury Review Board.

70.8.2.8 [Avoidance of Delay]{.underline}. Each grievance shall be given
prompt consideration. Every effort shall be made to process the
grievance in a timely manner. Whenever possible the final decision on
the grievance should be issued within 180 days of the date of the
grievance. Should there be a mutually agreed upon extension of the time
frames, documentation of the extension or extensions should be
maintained in the grievance file.

Each step of the grievance procedure contains the time limits applicable
to that step. Management will make every effort to adhere to these time
frames. However, management's failure to meet a time limit will not be
dispositive of the issues in a grievance. If 90 days have passed from
the date the grievance was filed, and the parties have not extended the
time limits, the grievant may request the designation of a grievance
examiner through the TIGTA Personnel Office. The grievant will provide a
copy of this request to the appropriate grievance official that last
dealt with the grievance.

Once appointed, grievance examiners will make every effort to complete
their inquiries and resolve the grievance within the suggested time
frames. However, their failure to do so will not be dispositive of the
issues in the grievance, nor will it be cause to escalate the grievance
to another organizational level.

Grievants must adhere to the time frames described in the procedures.
However, these time frames may be extended when the grievant has shown
good cause, except that the initial 15-day filing requirement will not
be extended except in the most extraordinary circumstances. A request
for additional time to prepare a grievance is not a reason to extend the
15-day limit for filing. The grievance must be timely filed and a
separate request may be made to accommodate the need for preparation.
When making a determination whether the grievant has shown good cause to
grant a reasonable amount of additional time to proceed through the
subsequent steps of the grievance process, management should consider
such factors as the employee's work requirements and amounts of approved
leave.

70.8.2.9 [Cancellation of a Grievance]{.underline}.

TIGTA will cancel a grievance:

-   at the employee's request;

-   upon termination of the employee's employment with the agency unless
    the employee's concern or dissatisfaction includes a monetary
    consideration and may be granted after termination of employment;

-   as a result of an allegation of discrimination that must be
    processed pursuant to 29 C.F.R. 1614 of the Equal Employment
    Opportunity Commission regulations;

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-   for failure of the employee to proceed to the next step of the
    grievance procedure within the specified time frames, or if the
    employee does not furnish required information or otherwise duly
    proceed with the advancement of the grievance; or

-   as a result of a settlement agreement or resolution.

    The TIGTA Personnel Office will prepare the notice of cancellation.
    A copy will be sent to the grievant and any appropriate grievance
    official(s). A copy will also be included in the grievance file.

70.8.2.10. [Employee Rights]{.underline}.

General

An employee, in pursuing a grievance under this system shall:

-   be assured freedom from restraint, interference, coercion,
    discrimination, or reprisal;

-   be provided a reasonable amount of official time to prepare and
    present a grievance if the employee is otherwise in a work status;

-   have the right to be accompanied, represented, and advised by a
    representative of choice except that a designated representative may
    be disallowed as provided below; and

-   have the right to communicate with officials of the TIGTA Personnel
    Office or other officials and counselors. This means employees may
    consult employee assistance program counselors, discrimination
    complaint counselors, and/or higher level supervisory or managerial
    officials (provided such higher level supervisory or managerial
    officials agree to consult with the employee).

Representation

The representative chosen by the employee may be another TIGTA employee
or may be from outside TIGTA or the Federal government.

The employee may designate a representative at any step of the
procedure. Failure to designate a representative at the earlier step
does not preclude designation at a later step.

If the employee elects to have a representative, the employee must
designate the representative, in writing, and must submit the
designation to the management official handling the grievance at the
time the representative is designated.

Any change in the designation of a representative must be reported, in
writing, to the management official handling the grievance at the time
the change is made.

If it is the employee's intent to do so, written consent or power of
attorney expressly authorizing the designated representative access to
official records personal to the grievant which are relevant to the
grievance must be provided. In the absence of such express
authorization, the representative will neither be furnished copies of
such records nor permitted to inspect such records. The representative's
access to federal tax returns and tax return information will be subject
to the provisions of 26 U.S.C. 6103.

70.8.2.11 [Disallowance of Representative]{.underline}. Disallowance of
an employee's designated representative may be made by a TIGTA
management official, within 15 days of the date of receipt of the
employee's written designation, because of unavailability due to
priority needs of management, unreasonable cost to the government,
conflict of position, or conflict of interest.

Conflict of position refers to an incompatibility between the
representation functions and an employee's official duties. Conflict of
interest can take many forms. Conflict of interest determinations must
be made on a case-by-case basis according to the specific circumstances
in each situation.

When a TIGTA management official believes that a representative must be
disallowed, the TIGTA Personnel Office will be consulted for advice and
for procedural requirements. The decision on the designated
representative should be made prior to any merit considerations of the
grievance. When a representative is disallowed, a letter will be
prepared by TIGTA management official who is disallowing the
representative and will be reviewed by the TIGTA Personnel Office. The
letter will specify on what basis the disallowance is being made. The
letter will also include a statement as to the employee's right to
appeal the disallowance of his or her designated representative within 5
days of receipt of the notification of the disallowance. The employee
will be informed, in the notification, that an appeal must be submitted
by the employee, and not by the disallowed representative, as submission
by the representative would constitute representational activity. The
original copy of the letter will be given to the grievant. A duplicate
will be given to the Personnel Office to be included in the grievance
file.

Should the grievant wish to appeal the disallowance of representative
determination, the appeal must be submitted in writing, within 5 days of
the receipt of the disallowance decision, directly to the AIG,
Management Services. The decision denying the selected representative
must be attached to the appeal. The AIG, Management Services will make a
final decision regarding the disallowance within 15 days of the date of
receipt of the grievant's appeal. There is no appeal of the AIG's
determination. The original copy of the AIG's decision will be sent to
the grievant and a duplicate will be sent to the TIGTA management
official for inclusion in the grievance file.

70.8.2.12 [Authorization of Official Time]{.underline}. An employee, if
in a work status, and one designated representative, if a TIGTA employee
in a work status, will be granted a reasonable amount of official time
for the following purposes:

In preparing a grievance:

-   to review documents which normally would be made available to the
    employee and are clearly pertinent to the case, when such documents
    (or copies) are unavailable during their off-duty hours, and

-   to interview other TIGTA employees who are located at the same
    geographical site concerning matters pertinent to the case;

    To prepare for a meeting if one is scheduled by a TIGTA management
    official, grievance official(s) and/or the grievance examiner.

    To make presentations in person or by telephone to the designated
    management officials who are located at the same geographical or
    other site, and/or grievance examiner at any stage of the grievance
    process.

    The reasonableness of official time authorized above depends on the
    complexity of the issues, volume of evidence, availability of
    documents and employees, and similar considerations as appropriate.
    Even in the most complex cases, official time will not normally
    exceed 10 per cent of the employee or representative's total weekly
    time. Official time not used may not be carried over to the next
    week.

    The authorization for the use of official time as provided above is
    not automatic. It must be requested by the employee/representative
    in advance and is subject to the prior approval of the respective
    immediate supervisor. It is the responsibility of the employee and
    representative to ensure that all official time is requested and
    approved in advance.

    If the grievant and/or representative wishes to meet, or discuss the
    grievance by telephone with another TIGTA employee during regular
    working hours, the employee must ensure that permission to use
    official time is granted to both the grievant and the other TIGTA
    employee in advance of the meeting/telephone discussion. Leaving the
    work area or discussing the grievance by telephone with another
    employee or representative without permission is prohibited and may
    result in a charge of absent without leave (AWOL) and/or failure to
    follow proper procedures/instructions. AWOL and/or failure to follow
    proper procedures/instructions may be the basis for disciplinary or
    adverse action being taken against the employee and/or
    representative.

    If an employee wishes to use official time to discuss by telephone
    or meet with a TIGTA management official, representative, or other
    TIGTA employee during regular working hours, the employee's
    supervisor may grant permission for the employee to leave the work
    area or use the telephone unless compelling reasons require the
    presence of the employee in the work area. In any such instance, the
    supervisor will provide the employee a reasonable choice of
    alternate times and/or dates. However, the employee is not required
    at any time to disclose to the supervisor either the reasons for the
    contact or the subject matter involved, other than the fact that it
    is in connection with an agency grievance. If requested, the
    supervisor will arrange an appointment for the employee with any of
    these officials.

70.8.2.13 [Authorization for Travel]{.underline}. The decision to
authorize travel for the purpose of preparing or presenting a grievance
will be determined by TIGTA management.

Travel on the part of an employee submitting a grievance and/or employee
representative will be avoided whenever possible. Alternatives will
include but are not limited to telephonic meetings, e-mail/fax
correspondence, or arranging for face-to-face contact at the employee's
own duty location.

When the employee is authorized to travel away from their own duty
station in order to pursue the grievance, reimbursement for travel
expenses will be authorized in accordance with Federal Travel
Regulations (FTR), and TIGTA Travel Policy.

When the employee is authorized to travel for the purpose of pursuing
the grievance, one designated representative, if also a TIGTA employee
also will be authorized to travel. When authorized, the representative
will be reimbursed for travel expenses in accordance with FTR and TIGTA
Travel Policy.

Travel authorized for the grievant and/or TIGTA representative under
this procedure will be paid by the grievant's function. Payment of
travel expenses for a representative who is not a TIGTA employee is not
authorized.

70.8.2.14 [Assignment of Grievance Examiners]{.underline}. The roster of
examiners will be maintained by TIGTA Personnel Office. As soon as
possible after notification through channels of the need for a grievance
examiner, the Personnel Office will make a selection from its roster.
Grievance examiners may not be current TIGTA or IRS employees.

Within 7 days, the Personnel Office will prepare a letter to officially
appoint the grievance examiner. A copy of the appointing letter will be
sent to the grievance official(s) and the grievant/representative. The
Personnel Officer or designee will send the grievance file to the
examiner.

The TIGTA Personnel Office shall arrange payment of the grievance
examiner's expenses in accordance with applicable FTR and TIGTA Travel
Policy.

70.8.2.15. [Role of Grievance Examiner]{.underline}. The role of the
grievance examiner is one of an impartial fact finder, facilitator
and/or mediator. The grievance examiner is not a judge or jury, is not
authorized to make decision, and must remain neutral throughout the
process. The examiner controls the process, not the outcome. The
examiner will help identify underlying issues, keep the parties focus on
the issues, and help the parties find common ground to resolve their own
problems.

The examiner will conduct an inquiry of a nature and scope appropriate
to the issues involved in the grievance. Once the documentary evidence
has been secured, the grievance examiner will attempt to
facilitate/mediate a resolution agreeable to the parties. This may
consist of:

-   personal or telephone interviews of the grievant, TIGTA management,
    and deciding official;

-   group meeting(s) or telephone conference(s) to facilitate/mediate a
    resolution; or

-   any other facilitation/mediation technique or combination of
    techniques deemed appropriate.

    The examiner will assure that the grievance file contains all
    documents relating to the grievance. Upon completion of the inquiry
    and prior to writing the report, the examiner will make a duplicate
    grievance file available to the employee, the designated
    representative (subject to any restrictions), TIGTA Personnel
    Office, and to the appropriate grievance official for review and
    comment as to the conduct of the inquiry.

    The complete comments of each, including all exhibits, will be
    included in the file. The grievance examiner will determine the time
    limits for reply consistent with an overall objective of submitting
    a recommendation within the prescribed 75-day time limit.

    If a resolution is not achieved, the grievance examiner will prepare
    a report of findings and recommendations and submit it with the
    grievance file to the deciding official. The grievance examiner will
    also furnish copies of the report to the employee, the employee's
    representative (subject to the applicable restrictions) the deciding
    official, and to the TIGTA Personnel Office. The recommendations of
    the grievance examiner are not binding on the agency.

70.8.2.16 [Grievance Files]{.underline}. Grievance files are subject to
the Privacy Act of 1974 (PL 93-579), 5 U.S.C., Section 552a, as amended,
including but not limited to the provisions thereof relating to:

-   relevancy of information maintained,

-   notifying the principal who is asked to supply information (i.e.,
    the grievant) of certain information required by the Act,

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-   safeguarding the confidentiality of the records,

-   access to records,

-   conditions of disclosure, and

-   accounting of certain disclosures.

    The grievance file must not contain any document that cannot be made
    available to the employee in accordance with applicable regulations
    and agency policy. Records and/or information relating to employees
    other than the grievant may be included in the grievance file only
    after being properly \"sanitized.\"

    The contents of grievance files may not be disclosed to nor
    discussed with persons not officially concerned with the grievance.
    A grievants designated representative will be provided access to
    official records personal to the grievant only upon express written
    authorization of the grievant. Request for access from any other
    source will be referred to the Disclosure Section of TIGTA Office of
    Chief Counsel.

    It is important that grievance files are complete since no decision
    on or resolution of a grievance may be based on information that is
    not part of the grievance file.

All grievance files will be maintained by the TIGTA Personnel Office in
accordance with established agency regulations and policies.

70.8.2.17 [Time Limit]{.underline}. **[An employee must present a
grievance concerning a particular act or occurrence, in writing, within
15 days of the date of that act or occurrence, or of the date the
employee became aware of that act or occurrence.]{.underline}**

This time limit may be extended when, in TIGTA management's judgment,
the employee has shown good cause for the delay. To be considered timely
filed, the grievance must be submitted in writing in memorandum form to
the appropriate management official within the prescribed time limit.

The grievance memorandum must include **[all applicable
information]{.underline}**:

-   Name, position, title, grade, duty station, and telephone number of
    the grievant;

-   name, position, title, grade, duty station, and telephone number of
    representative (if any);

-   date of incident, action, or event giving rise to the grievance;

-   date grievant became aware of incident, action, or event;

-   full description of grievance;

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-   personal relief sought;

-   a statement indicating if the grievant believes that the agency
    discriminated against the grievant because of race, color, religion,
    sex, national origin, marital status, political affiliation,
    disability, or age, and if so, explain why. (Note: discrimination
    complaints will be processed pursuant to [29 C.F.R.
    1614](http://www.access.gpo.gov/nara/cfr/waisidx_01/29cfr1614_01.html)
    of the equal employment opportunity commission regulations);

-   a statement citing any specific provisions of law or regulation
    believed applicable; and

-   specific authorization for representative to have access to all
    relevant grievance records, including federal tax return information
    and/or any information personal to the grievant (if applicable).

The grievance memorandum must be signed and dated by the employee.

An employee may file a grievance concerning a continuing practice or
condition at any time, citing as many incidents as he or she deems
necessary to illustrate the continuing nature of the practice. However,
the most recent incident cited must be a grievable matter that occurred
or was discovered within 15 days of the filing of the grievance.

70.8.2.18 [Action on the Grievance]{.underline}. The employee will
submit the grievance in writing at each step of the grievance procedure
to the appropriate grievance official within the prescribed time limit.
A copy will be submitted to the TIGTA Personnel Office.

At each step of the procedure, a copy of the decision will be furnished
by the appropriate grievance official to the TIGTA Personnel Office, the
grievant (grievant's representative, if applicable), and to any
management official involved in prior handling of the grievance.

Within 5 days of receipt of the grievance, the appropriate management
official will review the written grievance and make a determination of
acceptability on the following:

-   Employee eligibility;

-   Timeliness;

-   Grievability; and

-   Completeness. (Whether the grievance is specific enough to enable
    TIGTA management to know exactly what the employee's concerns are
    and what the employee expects as a remedy.)

If necessary, the appropriate management official may discuss the
grievance with the employee to acquire sufficient understanding of the
issue(s). The TIGTA Personnel Office is available to assist the employee
in determining the appropriate management official. However, it is not
the responsibility of the TIGTA Personnel Office or management to frame
the issue(s) for the employee.

If the grievance is found unacceptable because it is incomplete, the
grievance will be returned to the employee with an explanation of the
deficiencies. The employee will have 5 days from receipt of the notice
of unacceptability to submit a complete grievance. Failure to adhere to
this timeframe will cancel the grievance.

If the appropriate management official believes the grievance is
untimely or the subject matter is not grievable, the TIGTA Personnel
Office will be consulted for advice. The appropriate management
official's written decision setting forth the reason(s) why the
grievance is untimely or the subject matter not grievable will become
the threshold issue at Step 2.

In step 2, the deciding official, with advice from the TIGTA Personnel
Office, will first consider any threshold issues of timeliness and/or
grievability. The deciding official will make a decision regarding these
issues within 7 days of receipt of the grievance. The original decision
letter will be given to the grievant/representative and a copy sent to
the

[Personnel Office to be placed in the grievance file]{.underline}. When
the deciding official makes a formal determination that the grievance is
untimely and/or nongrievable, the decision letter will include the
reasons for the determination and a statement of the employee's right to
appeal.

The employee may appeal the deciding official's determination regarding
timeliness and/or grievability directly to the Assistant Inspector
General (AIG), Management Services, TIGTA. An appeal must be submitted
in writing within 5 days of the date of receipt of the deciding
official's decision and must include the employee's reasons for
believing that the matter was timely raised and/or is grievable.

The AIG, Management Services will make a final decision on the
grievability and/or timeliness issue setting forth the reasons for the
decision within 15 days of the receipt of the employee's appeal. **[This
decision is final.]{.underline}** The original letter of the AIG's
decision will be sent to the grievant with a copy to the Personnel
Office and the deciding official for inclusion in the grievance file.

When the threshold issues have been resolved, and if the grievance has
been determined to be acceptable, the deciding official will proceed to
consider the merits of the grievance.

70.8.2.19 [Basic Grievance Procedure]{.underline}. The employee is
assured the right of representation at any step of the grievance
procedure, and the supervisor is entitled to have an advisor present. If
the employee does not elect representation at an early step, he or she
is not precluded the right to representation at future steps in the
procedure.

Likewise, management may have an advisor present at future steps even if
the management official elects not to do so earlier.

[]{#ERStepOne .anchor}**Step 1**

When a grievance arises, the employee must submit it to the appropriate
management official, in writing, within 15 days of the incident or
within 15 days of the time the employee may have been reasonably
expected to have learned of the incident. The employee is responsible
for ensuring that all relevant information described in 70.8.2.17(B)
above is included in the grievance memorandum. The employee will ensure
that a copy of the grievance memorandum is also sent to the TIGTA
Personnel Office.

Once the grievance has been accepted by TIGTA, a discussion shall be
held within 7 days to allow the employee to freely present, receive, and
exchange information and his/her views on the situation. This discussion
may be held in person or by other means (i.e. telephone). The
appropriate management official should attempt to resolve the issue(s)
at this level. Resolution may involve a number of discussions and is
highly encouraged at this level. A resolution must be by mutual
agreement. If a resolution is found, the TIGTA Personnel Office and the
Office of Chief Counsel must review it before final agreement. All
resolutions agreed upon at any step during the grievance procedure will:

-   be in writing;

-   be confidential;

-   not be considered as an admission by the employee, the agency or its
    officials to any violation of law, rule, or regulation;

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-   not be precedential and may not be used by other employee(s) to seek
    or justify similar terms in any subsequent case; and

-   allow each party to be responsible for its own attorney fees.

    If no resolution is reached within 15 days after the first meeting,
    the appropriate management official will issue a decision on the
    merits of the grievance. The decision letter will also document the
    attempt(s) made to resolve the grievance. If the employee is not
    satisfied with the decision of the appropriate management official,
    the employee may elevate the grievance to the next step by filing a
    notice with the deciding official in writing within 5 days from
    receipt of the decision letter. The employee must also send a copy
    of the grievance to the TIGTA Personnel Office. If the employee does
    not submit a notice to elevate the grievance to the next step within
    the specified time frame, the grievance will be cancelled.

[]{#ERStepTwo .anchor}**Step 2**

The employee may not raise any issues that were not contained in the
original grievance and considered in Step 1.

Within 7 days of receipt of the grievance, (or of the decision by the
AIG, Management Services, sustaining the grievant's timeliness and/or
grievability appeal), the deciding official and the employee will
discuss the grievance and will attempt to resolve the issue(s).
Resolution may involve a number of discussions and is highly encouraged.
A resolution must be by mutual agreement. If a resolution is reached,
the TIGTA

Personnel Office and the Office of Chief Counsel must review it before
final agreement.

If the grievance remains unresolved, the deciding official will provide
the employee with a written response within 15 days after the first
discussion. The response will not address the merits of the grievance,
but will state the following:

-   that discussion(s) were held, but the grievance remains unresolved;

-   that the employee has the right to request a grievance examiner,
    through the deciding official, no later than 5 workdays after
    receipt of the response; and

-   that no final decision has been or will be made pending
    consideration of the findings and recommendations of the grievance
    examiner.

    If the grievance is not resolved, the employee will have 5 days from
    receipt of the deciding official's notification to request, through
    the deciding official, the designation of a grievance examiner. The
    employee will ensure that a copy of the request is also submitted to
    the TIGTA Personnel Office. The Personnel Office will make the
    necessary arrangements to appoint a grievance examiner in accordance
    with agency policy. If the employee does not submit a request for an
    examiner within the specific time frame, the grievance will be
    cancelled.

    If attempts by the grievance examiner to have the parties resolve
    the grievance fail, the grievance examiner will submit a report of
    findings and recommendations to the deciding official and a copy to
    the grievant and TIGTA Personnel Office within 75 days of the
    receipt of the grievance file from the deciding official or
    Personnel Office.

    Upon receipt of the grievance examiner's findings and
    recommendations the deciding official must do one of the following:

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-   Within 15 days of receipt of the grievance examiner's report of
    findings and recommendations, accept the grievance examiner's
    recommendations and issue the decision on the grievance; or

-   Within 15 days of receipt of the grievance examiner's report of
    findings and recommendations, grant the relief sought by the
    employee and issue the decision accordingly, whether or not this
    decision is in accord with the examiner's recommendations; or

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-   Within 15 days of receipt of the grievance examiner\'s report of
    findings and recommendations, modify or mitigate the relief sought
    by the employee and issue a decision accordingly, whether or not
    this decision is in accord with the examiner\'s recommendations.

    The deciding official need not provide a reason for choosing one of
    the above alternatives over the other. The original letter will be
    sent to the employee.

    The deciding official will also furnish a copy of the decision to
    the appropriate Step 1 grievance official, the grievance examiner,
    and to the TIGTA Personnel Office.

    If the employee is not satisfied with the recommendation of the
    grievance examiner and/or the decision of the deciding official, the
    employee may elevate the grievance to the next step by filing it
    with the appellate official in writing within 5 days from receipt of
    the decision letter. The grievant may submit to the appellate
    official a written statement setting forth the reasons for accepting
    or rejecting the grievance examiner's recommendations and/or the
    deciding official\'s decision. The statement must be submitted
    within 5 days after receipt of the deciding official's decision.

[]{#ERStepThree .anchor}**Step 3**

The employee may not raise any issues that were not contained in the
original grievance and considered in Steps 1 and 2.

Within 15 days of receipt of the employee\'s request, the appellate
official will secure the grievance file, review the appeal, determine if
any additional information from the parties is necessary, and issue a
final decision. The appellate official will determine if additional
discussions with any of the interested parties are necessary and may at
his/her discretion, initiate one last attempt to resolve the issue(s) to
the mutual satisfaction of the parties.

If the appellate official does not accept the grievance examiner\'s
recommendation or grant the relief requested, the decision will set
forth the specific reasons why. **[The appellate official's decision is
final.]{.underline}** The appellate official will furnish copies of this
decision to all parties, including the TIGTA Personnel Office.

The decision of the appellate official exhausts the administrative
appeal procedure. Decisions made by the appellate official will be
considered final and binding on all parties.

70.8.2.20 [Exceptions to the Basic Grievance Procedure]{.underline}.

Discrimination Complaints

When an employee makes an allegation of discrimination on grounds of
race, color, religion, sex, national origin, age, or mental or physical
disability in connection with a matter that would otherwise be covered
under the grievance system, the allegation of discrimination must be
processed pursuant to 29 C.F.R. 1614 of the Equal Employment Opportunity
Commission regulations. Such processing encompasses counseling,
investigation, hearing and adjustment in accordance with applicable
procedures.

When the employee makes such an allegation, verbally or in writing, the
relevant official (i.e. appropriate management official, deciding
official, grievance examiner, Personnel Officer or designee, or higher
level administrative authority) will refer the employee to the local EEO
counselor or office. The relevant official will inform the employee in
writing of the procedure to follow in presenting a discrimination
complaint and of the fact that the processing of the grievance is being
cancelled. The relevant official shall not make any representations to
the employee concerning the timeliness of his or her EEO complaint.

Disciplinary Suspensions

A grievance involving a suspension of 14 days or less must be filed at
the second step within 15 days of the receipt of the decision letter.
The grievance will be submitted directly to the step 2 deciding
official, the official who signed the decision letter effecting the
suspension.

Informal Problem Solving

During the course of daily interaction between managers and employees,
disagreements sometimes occur. Most day-to-day problems, concerns, or
employee dissatisfaction need not be addressed in a formal proceeding.
Managers and employees are strongly encouraged to discuss areas of
concern or dissatisfaction and attempt to resolve problems prior to
filling a formal grievance. It is helpful for both employees and mangers
to remain open to resolving differences with solutions that are mutually
agreeable. First level managers are also encouraged to assist employees
by facilitating early, informal resolutions of disputes involving
matters outside the supervisor's delegated authority or area of
responsibility.

70.8.3 [Workplace Violence.]{.underline}

70.8.3.1 [Policy]{.underline}

TIGTA is committed to maintaining a work environment free from violence,
threats of violence, harassment, intimidation and other disruptive
behavior. Workplace violence of any kind will not be tolerated. All
reported instances of workplace violence will be taken seriously,
investigated and dealt with timely and appropriately. Employees who know
of actual or potential incidents of workplace violence and do not report
them consistent with these procedures may be subject to disciplinary
action. Employees will not be retaliated against for reporting incidents
of workplace violence.

70.8.3.2 [Definitions]{.underline}

Emergency Situation - This is a situation involving potential harm and
imminent danger to a TIGTA employee or a visitor to a TIGTA facility.
Emergency situations require immediate response by officials trained and
equipped to deal with violent situations. An emergency situation may be
generated by a TIGTA employee or an outside party. Appropriate responses
to emergency situations may include arrest, physical intervention or
removal from the facility.

Non-Emergency Situation - This is a situation involving potential
violence, threatening behavior, verbal abuse, harassment or other
disruptive behavior where actual physical danger is not imminent. These
situations are to be reported to management. Appropriate responses to
non-emergency situations might be referral of the employee to the
Employee Assistance Program and/or counseling or discipline in
consultation with TIGTA Employee Relations.

70.8.3.3 [Response and Reporting Procedures]{.underline}

Emergency Situation - In emergency situations, affected employees should
first secure their own personal safety and then contact either on-site
TIGTA Special Agents, armed building guards if present, and/or the local
police through use of the 911 emergency number. The incident should also
be reported in accordance with Chapter 200, Section (200)-60, Reporting
Misconduct. Once the emergency situation has been resolved, TIGTA
Employee Relations should be contacted in the event that a TIGTA
employee generated the emergency situation.

Non-Emergency Situation - In non-emergency situations, the employee's
manager should be contacted as soon as possible after the incident. The
reporting employee should provide details of the incident, the names of
the perpetrator(s), any witnesses and the names of any other affected
employees or visitors. The manager will immediately contact TIGTA
Employee Relations to discuss a recommended course of action to deal
with the incident. In addition, if appropriate and the reporting
employee had not already done so, the manager should report the incident
in accordance with Chapter 200, Section (200)-6