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. Unauthorized possession/sale (actual or attempted) of Government property or property of others; improper acceptance of Government funds/reimbursement. Written Reprimand to removal 14-day suspension to removal 30-day suspension to removal Referral to OIG may be appropriate. 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 duty resulting in waste of public funds). Written Reprimand to 14-day suspension 14- to 30-day suspension 30-day suspension to removal Refer to 5 CFR 2635.101(9). For misuse of Government vehicles, see item 5 under Violations of Statute. Referral to OIG may be appropriate. 13. 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 14. 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 if persons/property endangered. 15. 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 Refer to 370 DM 430 to deal with unacceptable performance and performance-based actions. 16. Insubordination; disregard of directive; refusal to comply with a proper order. 5-day suspension to removal 30-day suspension to removal Removal Refer to 43 CFR 20.502. An “insubordination” charge requires a showing that the employee deliberately disregarded supervisory directives. In some instances (e.g., refusal to report for an
ordered reassignment) removal may be appropriate. 17. 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 Refer to 43 CFR 20.510. Referral to OIG may be appropriate. 18. Misrepresentation, falsification, exaggeration, concealment or withholding of material fact in connection with an official Government investigation, inquiry or other administrative proceeding. 14-day suspension to removal 30-day suspension to removal Removal Refer to 43 CFR 20.510. Referral to OIG may be appropriate. 19. 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 20. 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 Department’s Internet/electronic mail system for prohibited reasons, including gambling, accessing/sending prohibited material, or other egregious acts 14- to 30-day suspension More severe discipline (including removal) may be appropriate for first/second offense if misconduct involves using the Department’s Internet/electronic mail system for prohibited reasons, including gambling, accessing/sending prohibited material, or other egregious acts 30-day suspension to removal Refer to 5 CFR 2635.704 and 705(a); 410 DM 2 (Limited Personal Use of Government Personal Property). Consider issue of employee notice regarding agency policy.
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.