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| # SUITABILITY FACTORS                                                 |
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**{5 CFR 731.202 (B)}**

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| Suitability is defined as identifiable character traits and conduct   |
| sufficient to determine whether an individual is likely               |
|                                                                       |
| or not likely to be able to carry out the duties of a Federal job     |
| with appropriate integrity, efficiency, and effectiveness.            |
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+--------------+----------+--------------------------------+----------+
| #            |          | ##### G                        |          |
| #### SUITABI |          | ENERAL APPLICATIONS/DISCUSSION |          |
| LITY FACTORS |          |                                |          |
+--------------+----------+--------------------------------+----------+
| (1)          |          | -   Misconduct involves doing  |          |
|  [MISCONDUCT |          |     something wrong in the     |          |
|     OR       |          |     employer's estimation,     |          |
|              |          |     while negligence is the    |          |
|   NEGLIGENCE |          |     failure to do something    |          |
|     IN       |          |     expected by the employer.  |          |
|              |          |                                |          |
|  EMPLOYMENT] |          | -   May or may not have        |          |
| {.underline} |          |     resulted in dismissal. If  |          |
|              |          |     dismissed, primary         |          |
|              |          |     emphasis should be on the  |          |
|              |          |     act or conduct which       |          |
|              |          |     prompted the dismissal.    |          |
|              |          |     For military misconduct,   |          |
|              |          |     the nature of the conduct  |          |
|              |          |     is the governing factor,   |          |
|              |          |     rather than the type of    |          |
|              |          |     discharge.                 |          |
|              |          |                                |          |
|              |          | -   Includes; poor attendance  |          |
|              |          |     without cause,             |          |
|              |          |     insubordination, or other  |          |
|              |          |     suitability issues that    |          |
|              |          |     occur in employment, such  |          |
|              |          |     as theft, etc.             |          |
|              |          |                                |          |
|              |          | -   Does not include           |          |
|              |          |     performance (i.e. an       |          |
|              |          |     inability to perform) or   |          |
|              |          |     other qualification        |          |
|              |          |     issues.                    |          |
|              |          |                                |          |
|              |          | -   Misconduct or negligence   |          |
|              |          |     in current Federal         |          |
|              |          |     employment is not          |          |
|              |          |     generally included unless  |          |
|              |          |     it is a pattern of         |          |
|              |          |     conduct. (Instead, 5 CFR   |          |
|              |          |     315 or 752 would normally  |          |
|              |          |     apply for post appointment |          |
|              |          |     misconduct issues.)        |          |
+--------------+----------+--------------------------------+----------+
| (            |          | > [Criminal                    |          |
| 2) [CRIMINAL |          | > Conduct:]{.underline}        |          |
|     or       |          |                                |          |
|              |          | -   Primary emphasis is on the |          |
|   DISHONEST] |          |     nature of the criminal     |          |
| {.underline} |          |     conduct, which may or may  |          |
|              |          |     not have resulted in a     |          |
| > [CONDUCT]  |          |     conviction:                |          |
| {.underline} |          |     details/reasons for        |          |
|              |          |     dismissal of the offense   |          |
|              |          |     must be considered;        |          |
|              |          |     expungement of/pardon for  |          |
|              |          |     an offense would not       |          |
|              |          |     nullify the conduct,       |          |
|              |          |     unless granted on the      |          |
|              |          |     basis of the person's      |          |
|              |          |     innocence.                 |          |
|              |          |                                |          |
|              |          | -   Pending charges (of a      |          |
|              |          |     nature that would          |          |
|              |          |     potentially be             |          |
|              |          |     disqualifying) cannot be   |          |
|              |          |     adjudicated until case is  |          |
|              |          |     disposed.                  |          |
|              |          |                                |          |
|              |          | > [Dishonest                   |          |
|              |          | > Conduct:]{.underline}        |          |
|              |          |                                |          |
|              |          | -   Dishonest conduct includes |          |
|              |          |     deliberate lies, fraud, or |          |
|              |          |     deceit for personal        |          |
|              |          |     benefit (e.g., theft,      |          |
|              |          |     acceptance of a bribe,     |          |
|              |          |     falsification of records,  |          |
|              |          |     falsification of           |          |
|              |          |     employment documents,      |          |
|              |          |     deliberate financial       |          |
|              |          |     irresponsibility with      |          |
|              |          |     continuing, valid debts of |          |
|              |          |     a significant nature.)     |          |
+--------------+----------+--------------------------------+----------+
| (            |          | -   A "Material" statement (as |          |
| 3) [MATERIAL |          |     used in the phrase         |          |
|              |          |     "material, intentional     |          |
|  INTENTIONAL |          |     false statement") is one   |          |
|     FALSE    |          |     that is capable of         |          |
|              |          |     influencing, or has a      |          |
|    STATEMENT |          |     natural tendency to affect |          |
|     or       |          |     an official decision. The  |          |
|              |          |     test of materiality does   |          |
|    DECEPTION |          |     not rest on whether the    |          |
|     or FRAUD |          |     agency actually relied on  |          |
|     IN       |          |     the statement.             |          |
|              |          |                                |          |
|  EXAMINATION |          | -   A deliberate attempt to    |          |
|     or       |          |     withhold information, or   |          |
|              |          |     furnish false information  |          |
| APPOINTMENT] |          |     that would have a material |          |
| {.underline} |          |     bearing on suitability or  |          |
|              |          |     qualifications for         |          |
|              |          |     employment, or gain the    |          |
|              |          |     person an advantage over   |          |
|              |          |     other applicants, which    |          |
|              |          |     occurs during the          |          |
|              |          |     examination, application,  |          |
|              |          |     or appointment process.    |          |
|              |          |                                |          |
|              |          | -   Material false answers to  |          |
|              |          |     questions on appointment   |          |
|              |          |     documents concerning one   |          |
|              |          |     or more recent, serious    |          |
|              |          |     criminal offenses,         |          |
|              |          |     employment terminations,   |          |
|              |          |     etc., or failure to admit  |          |
|              |          |     a series of minor issues   |          |
|              |          |     which demonstrate a        |          |
|              |          |     pattern of misconduct, or  |          |
|              |          |     omission of information    |          |
|              |          |     clearly related to the     |          |
|              |          |     position sought, such as a |          |
|              |          |     performance discharge from |          |
|              |          |     the same type of job, a    |          |
|              |          |     conviction for drug use    |          |
|              |          |     when applying for a job in |          |
|              |          |     the medical field, etc.    |          |
|              |          |                                |          |
|              |          | -   Falsifying qualifications  |          |
|              |          |     needed for the job.        |          |
|              |          |                                |          |
|              |          | -   Impersonation/collusion,   |          |
|              |          |     altering scores, etc.      |          |
+--------------+----------+--------------------------------+----------+
|              | # SUI    |                                |          |
|              | TABILITY |                                |          |
|              |  FACTORS |                                |          |
+--------------+----------+--------------------------------+----------+

**{5 CFR 731.202 (B)}**

*continued*

+--------------------------+--------------------------------------------+
| #                        | ##### GENERAL APPLICATIONS/DISCUSSION      |
| #### SUITABILITY FACTORS |                                            |
+--------------------------+--------------------------------------------+
| (4) [REFUSAL TO FURNISH  | -   Per Civil Service Rule 5.4 (5 CFR,     |
|     TESTIMONY as         |     Part, Section 5.4), all competitive    |
|     required by section  |     service applicants and employees are   |
|     5.4]{.underline}     |     required to give OPM, MSPB, or the     |
|                          |     Special Counsel, or their authorized   |
|                          |     representatives all information,       |
|                          |     testimony, documents, and material     |
|                          |     requested in regard to matters         |
|                          |     inquired of under the Civil Service    |
|                          |     laws, rules, and regulations, the      |
|                          |     disclosure of which is not otherwise   |
|                          |     prohibited by law or regulation.       |
+--------------------------+--------------------------------------------+
| (5) [ALCOHOL ABUSE of a  | -   Current continuing abuse would         |
|     nature and duration  |     ordinarily be disqualifying.           |
|     which suggests that  |     Rehabilitation must be carefully       |
|     the applicant or     |     considered (clear, lengthy break in    |
|     appointee would be   |     pattern of abuse/strong evidence the   |
|     prevented from       |     abuse will not occur again).           |
|     performing the       |                                            |
|     duties of the        |                                            |
|     position in question |                                            |
|     or would constitute  |                                            |
|     a direct threat to   |                                            |
|     the property or      |                                            |
|     safety of            |                                            |
|     others.]{.underline} |                                            |
+--------------------------+--------------------------------------------+
| (6) [ILLEGAL USE OF      | -   Current or recent use or possession of |
|     NARCOTICS, DRUGS, OR |     a serious nature would ordinarily be   |
|     OTHER CONTROLLED     |     disqualifying. Rehabilitation claims   |
|     SUBSTANCES, without  |     must be clearly established. See       |
|     evidence of          |     comments for Alcohol Abuse. Criminal   |
|     substantial          |     conduct would also be an applicable    |
|     reha                 |     factor to consider.                    |
| bilitation.]{.underline} |                                            |
+--------------------------+--------------------------------------------+
| (7) [KNOWING AND WILLFUL | -   Must be an overt act.                  |
|     ENGAGEMENT IN ACTS   |                                            |
|     OR ACTIVITIES TO     | -   Membership in organizations, alone, is |
|     OVERTHROW THE U.S.   |     not disqualifying                      |
|     GOVERNMENT BY        |                                            |
|     FORCE]{.underline}   |                                            |
+--------------------------+--------------------------------------------+
| (8) [Any STATUTORY or    | -   Specific legal restrictions to         |
|     REGULATORY BAR which |     employment.                            |
|     prevents the lawful  |                                            |
|     employment of the    |                                            |
|     person involved in   |                                            |
|     the position in      |                                            |
|                          |                                            |
|   question.]{.underline} |                                            |
+--------------------------+--------------------------------------------+

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| # ADDITIONAL CONSIDERATIONS                                           |
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**{5 CFR 731.202 (C)}**

+--------------------------+--------------------------------------------+
| ##### A                  | ##### DISCUSSION                           |
| DDITIONAL CONSIDERATIONS |                                            |
+--------------------------+--------------------------------------------+
| (1) The [NATURE OF THE   | > The more authority, responsibility,      |
|                          | > sensitivity and public trust associated  |
|    POSITION]{.underline} | > with the position, the higher the risks  |
|     for which the person | > involved and the more potential adverse  |
|     is applying or in    | > impact there is to the efficiency and    |
|     which the person is  | > integrity of the services; thus the      |
|     employed.            | > misconduct becomes more serious as a     |
|                          | > potentially disqualifying issue.         |
|                          | > However, certain kinds of conduct may    |
|                          | > result in disqualification regardless of |
|                          | > the position.                            |
+--------------------------+--------------------------------------------+
| (2) The [NATURE AND      | The more serious the conduct, the greater  |
|                          | the potential for disqualification.        |
| SERIOUSNESS]{.underline} |                                            |
|     of the conduct.      |                                            |
+--------------------------+--------------------------------------------+
| (3) The                  | > Full facts and circumstances are         |
|     [CI                  | > essential to insure justice to the       |
| RCUMSTANCES]{.underline} | > person and to protect the interests of   |
|     surrounding the      | > the Government.                          |
|     conduct.             |                                            |
+--------------------------+--------------------------------------------+
| (4) The                  | > The more recent the conduct is, the      |
|                          | > greater the potential for                |
|    [RECENCY]{.underline} | > disqualification.                        |
|     of the conduct.      |                                            |
+--------------------------+--------------------------------------------+
| (5) The                  | > Offenses committed as a minor are        |
|     [AGE]{.underline} of | > treated as less serious than those       |
|     the person at the    | > committed as an adult, unless the        |
|     time of the conduct. | > offense is very recent, part of a        |
|                          | > pattern, or particularly heinous.        |
+--------------------------+--------------------------------------------+
| (6) Contributing         | > Economic and cultural conditions might   |
|     [SOCIETAL            | > be a mitigating factor if the conditions |
|                          | > are now removed. Generally considered in |
| CONDITIONS.]{.underline} | > cases with relatively minor issues.      |
+--------------------------+--------------------------------------------+
| (7) The absence or       | > Clear, affirmative evidence of           |
|     presence of          | > rehabilitation is required for a         |
|     [REH                 | > favorable adjudication. Rehabilitation   |
| ABILITATION]{.underline} | > is a consideration in all cases, not     |
|     or efforts toward    | > just those involving alcohol and drug    |
|     rehabilitation.      | > abuse. While formal counseling or        |
|                          | > treatment may be a consideration, other  |
|                          | > factors such as the individual's         |
|                          | > employment record, etc., may also be     |
|                          | > indications of rehabilitation.           |
+--------------------------+--------------------------------------------+