NIH Table of Penalties
I. How and When to Use This Table
A) Refer to the table as a guide. In each case, management officials must use their judgment when deciding to impose discipline for the inappropriate workplace behavior of an employee. This Table, while it cannot include all conceivable actions, does provide guidance on: (1) actions for which discipline is generally considered appropriate, (2) the range of severity of the discipline which NIH and other agencies typically apply to a given situation, and (3) the mitigating factors that may cause a supervisor to lower the penalty for a particular individual in a given situation.
B) Informal discipline. The primary purpose of discipline is to set clear expectations and to ensure (to the extent possible) that the inappropriate conduct does not recur. For this reason, the first step is usually to speak with the employee and clearly state what was inappropriate about what the employee did and what is expected in the future. This is often simply an informal discussion, documented only by notes to the supervisor's file. If it is a second occurrence or a first occurrence of a more egregious nature, the supervisor may want to formally counsel the employee, documenting the counseling in writing, with a copy both to the employee and to the supervisor's file. If these efforts are not successful, the supervisor may consider a written admonishment that is not retained in the employee's Official Personnel Folder (OPF). If the employee continues to fail to improve, formal discipline may be the next step.
C) Formal disciplinary actions. The lowest action that is considered formal discipline is a letter of reprimand, which is a temporary document that, after two years, is removed from the employee's OPF. This enables employees to have a "clean record" if they correct their behavior and do not repeat it or engage in any other misconduct. The next level of severity is a suspension, without pay, which remains in the employee's permanent record. Suspensions can range from one day to several weeks or months. Employees are entitled to appeal suspensions of more than fourteen calendar days to the Merit Systems Protection Board. Other appeal able actions include downgrades, where employees are demoted to a job with less responsibility and less pay, and removal from federal service. In every case, the supervisor may also want to consider alternative discipline that allows for non-traditional ways to correct an employee's behavior and get him or her training or other help in acting more appropriately. More detailed information on alternative discipline options is provided in HHS Instruction 752-2.
D) Penalty determination. It is the supervisors' responsibility, with guidance from their human resources staff, to determine the appropriate action to take based on the facts of the situation. Each situation will be unique, yet is likely to fall somewhere within the framework of the examples provided in the Table of Penalties, since this Table is based on the experiences of many offices within both NIH and the federal government as a whole. The Table provides commonly-used wording of charges and the ranges of discipline agencies have found to be effective. Adherence to the guidance offered in the Table helps provide both the flexibility to tailor actions to the circumstances of a particular case and a measure of equity and consistency NIH-wide.
Should an offense be committed that is not adequately or properly identified by one of the offenses listed in the Table of Penalties, the supervisor (with assistance from the human resources staff) must use his or her judgment of the terms and penalty that best fit the act for which the employee is being disciplined. If the range of penalties does not seem appropriate for a given case, others may be imposed after careful evaluation of the offense and the surrounding circumstances.
E) Describing the offense. When describing the charges (i.e., the offenses forming the basis for the action), the supervisor should use the wording in the Table of Penalties only when it applies. Particular care should be exercised to cite only those portions or phrases that are relevant. If the table does not accurately describe the misconduct, the charge should be composed to correctly and thoroughly explain what occurred. The penalty should be determined by consulting the table for the infraction that is most similar in nature and severity.
II. Consideration of mitigating or aggravating factors
A) Douglas Factors. The following twelve factors come from a decision of the Merit Systems Protection Board (MSPB). This case was Douglas v. the Veterans Administration, thus these twelve points have come to be called the "Douglas Factors." When using the Table of Penalties, the deciding official must also review each of the twelve factors that apply in the particular case and address, in the body of the decision letter to the employee, how they were considered. These factors are:
1. Nature and seriousness of the offense and its relationship to the employee's job and duties:
- whether it was intentional, technical, or inadvertent misconduct
- whether it was committed maliciously for gain
- whether it was frequently repeated
2. Employee's job level and type of appointment:
- is the position supervisory or with a fiduciary role
- is it a position with much responsibility, requiring high confidence and trust
- does the position require frequent contacts with the public
- is it a position of prominence
3. The employee's past disciplinary record
- is there a pattern of misconduct, even with past discipline
- are there repeated incidents of misconduct, even if not of the same type
4. The employee's past work record
- length of service
- job performance
- ability to get along with fellow workers
- dependability
5. Effect of offense on employee's ability to perform at a satisfactory level in the future and on the supervisor's confidence and trust in the employee
6. Consistency of the penalty with those imposed on others for the same or similar offenses, given the particular circumstances of the situation
7. Consistency of the penalty with any applicable table of penalties
8. The notoriety of the offense and its impact on the reputation of the agency
9. The clarity with which the employee was on notice of the rules violated and/or had previously been warned or counseled about the conduct
10. The potential for rehabilitation of the employee
11. Other mitigating circumstances, such as:
- unusual job tensions
- medical disabilities
- harassment or provocation experienced by the employee
12. Whether there are alternative sanctions that could adequately and effectively deter such conduct in the future
Not all of these factors will be pertinent in every case. Depending on the circumstances of each situation, some factors will weigh in the employee's favor and others will not. For example, misconduct which may warrant only a reprimand to an employee in a lower grade may be intolerable if it involves an employee in a supervisory, fiduciary, or managerial position. Similarly, misconduct involving attendance of an employee whose regular and prompt presence on the job is critical (e.g., for direct patient care and relief of other shift workers) may be viewed more seriously and considered as an aggravating factor (and thus merit a harsher penalty) than an employee whose regular and prompt presence, while required, is not as time-critical.
TABLE OF SUGGESTED PENALTIES
Attendance
In cases where maximum hours of accumulation of AWOL is accumulated in a single instance (i.e. consecutive hours/days), consideration should be given to proposing the higher penalty for the particular action.
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-ABSENCE WITHOUT APPROVED LEAVE (AWOL) OR A PATTERN OF EXCESSIVE TARDINESS CHARGED AS AWOL - LESS THAN 8 HOURS ACCUMULATION (ABSENCE MUST BE CARRIED ON THE TIME AND ATTENDANCE RECORD AS AWOL.) |
WRITTEN WARNING TO 1-DAY SUSPENSION |
WRITTEN REPRIMAND TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
-ABSENCE WITHOUT APPROVED LEAVE (AWOL) - 8 TO 40 HOURS ACCUMULATION (ABSENCE MUST BE CARRIED ON THE TIME AND ATTENDANCE RECORD AS AWOL.) |
WRITTEN REPRIMAND TO 14-DAY SUSPENSION |
3-DAY SUSPENSION TO 30-DAY SUSPENSION |
30-DAY SUSPENSION TO REMOVAL |
-ABSENCE WITHOUT APPROVED LEAVE (AWOL) - MORE THAN 40 HOURS (ABSENCE MUST BE CARRIED ON THE TIME AND ATTENDANCE RECORD AS AWOL.) |
7-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-FAILURE TO ADHERE TO RULES AND REGULATIONS FOR REQUESTING AND OBTAINING LEAVE APPROVAL |
WRITTEN WARNING TO REPRIMAND |
REPRIMAND TO 5-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
-FAILURE TO REPORT TO OR PERFORM OVERTIME (ASSIGNED OR VOLUNTARY) |
WRITTEN WARNING TO 1-DAY SUSPENSION |
3-DAY SUSPENSION TO 5-DAY SUSPENSION |
7-DAY SUSPENSION TO 30-DAY SUSPENSION |
General Misconduct
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-CRIMINAL, DISHONEST, INFAMOUS OR NOTORIOUSLY DISGRACEFUL CONDUCT (ON DUTY OR OFF DUTY) |
30-DAY SUSPENSION TO REMOVAL |
REMOVAL |
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-UNAUTHORIZED POSSESSION OF GOVERNMENT PROPERTY |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-ACTUAL OR ATTEMPTED UNAUTHORIZED REMOVAL OF GOVERNMENT PROPERTY |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
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Note: This offense is of such a serious nature that removal, under circumstances, may be justified on the first infraction; for instance, when there is evidence that there has been collusion, the act is premeditated, or it is not an isolated instance of poor judgment on the part of the employee who has an otherwise unblemished record. |
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-LOSS OF, OR DAMAGE TO GOVERNMENT PROPERTY |
WRITTEN REPRIMAND TO 5-DAY SUSPENSION |
10-DAY SUSPENSION TO 30-DAY SUSPENSION |
30-DAY SUSPENSION TO REMOVAL |
-DISRUPTIVE, DISORDERLY, DISRESPECTFUL CONDUCT; USE OF INSULTING, ABUSIVE, OR OBSCENE LANGUAGE TO OR ABOUT COWORKERS OR SUPERVISOR; WHICH AFFECTS THE WORK ENVIRONMENT. |
WRITTEN WARNING TO REMOVAL |
5-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
-FIGHTING, THREATENING TO INFLICT BODILY INJURY TO ANOTHER. |
5-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-FAILURE TO HONOR JUST DEBTS OR LEGAL OBLIGATIONS WITHOUT GOOD CAUSE |
REPRIMAND |
REPRIMAND |
REPRIMAND TO REMOVAL |
NIH expects its employees to pay their just financial obligations and to maintain a reputation in the community for honoring their debts. Indebtedness per se is not a conduct offense; however, whether an employee acts responsibly to meet his or her just financial obligations must be evaluated and may be the basis for disciplinary action. There is no offense unless (a) the validity of the debt is established (normally by court judgment); (b) there has been a failure either to arrange for or to comply with a repayment schedule; and/or (c) the Agency receives a complaint from the creditor. Suspension is not normally an appropriate penalty in those indebtedness cases when it would be likely to aggravate the employee's financial problem. However, instances of deliberate refusal or flagrant, irresponsible conduct may justify such penalties. Letters of reprimand of increasingly severe nature will carry the same weight as suspensions when used as a basis for removal action. |
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-FALSIFICATION, MISSTATEMENT, OR CONCEALMENT OF INFORMATION IN CONNECTION WITH ANY OFFICIAL RECORD |
REPRIMAND TO REMOVAL |
5-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
-MISREPRESENTATION OF FACT; FALSE TESTIMONY; REFUSAL TO TESTIFY IN AN INQUIRY, INVESTIGATION, OR OTHER OFFICIAL PROCEEDING |
REPRIMAND TO REMOVAL |
REMOVAL |
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This applies to inquiries, investigations and proceedings conducted by HHS, NIH, Justice Department and/or other Federal Law Enforcement authorities. |
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-FILING FALSE CLAIMS AGAINST THE GOVERNMENT OR ASSISTING IN THE PROSECUTION OF SUCH CLAIMS |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-MAKING FALSE OR MALICIOUS STATEMENTS TO HARM OR DESTROY THE REPUTATION, AUTHORITY, OR OFFICIAL STANDING OF INDIVIDUALS OR ORGANIZATIONS |
REPRIMAND TO REMOVAL |
5-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-USING OR ALLOWING THE USE OF GOVERNMENT PROPERTY OR GOVERNMENT LEASED PROPERTY OF ANY KIND (INCLUDING EQUIPMENT, SUPPLIES, SERVICES, INFORMATION TECHNOLOGY RESOURCES (including the Internet), ETC.) FOR OTHER THAN OFFICIAL OR OFFICIALLY APPROVED ACTIVITIES. |
REPRIMAND TO 14-DAY SUSPENSION |
7-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Use of NIH Information Technology Resources for downloading or storage of child pornography will result in an immediate proposal of removal and referral for prosecution. |
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-MISUSE OF A GOVERNMENT VEHICLE |
30-DAY SUSPENSION TO REMOVAL |
REMOVAL |
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31 U.S.C. 1349(b) provides that any officer or employee who willfully uses or authorizes use of a Government-owned or leased motor vehicle or aircraft for other than official purposes will be suspended for not less than 1 month and will be suspended for a longer period or removed, if circumstances warrant. |
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-OPERATION OF A U.S. GOVERNMENT OWNED OR LEASED VEHICLE WITHOUT A VALID DRIVER'S LICENSE. |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-GAMBLING, BETTING, OR THE PROMOTION THEREOF ON NIH PREMISES DURING WORKING HOURS. |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
This does not apply to purchase of state regulated lottery tickets from authorized NIH Snack Bars. |
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-UNAUTHORIZED PRESENCE ON NIH PREMISES AND WORK AREAS |
WRITTEN WARNING TO 3-DAY SUSPENSION |
REPRIMAND TO 14-DAY SUSPENSION |
5-DAY SUSPENSION TO REMOVAL |
-CONDUCT WHICH CAUSES THE EMPLOYEE TO BE CONVICTED OF A CRIMINAL CHARGE WHICH RELATES DIRECTLY TO THE DUTIES OF THE EMPLOYEE'S POSITION OR THE MISSION OF NIH |
REMOVAL |
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-CONCEALING, REMOVING, MUTILATING, ALTERING, OR DESTROYING U.S. GOVERNMENT RECORDS. |
SUSPENSION OF 1-14 DAYS |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-CARRYING OF UNAUTHORIZED PASSENGERS IN U.S. GOVERNMENT OWNED OR LEASED VEHICLES, AIRCRAFT, OR BOATS. |
REPRIMAND TO 7-DAY SUSPENSION |
7-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-DISCOURTEOUS CONDUCT TO THE PUBLIC, CONFIRMED BY AN IMMEDIATE SUPERVISOR'S REPORT OF FOUR SUCH INSTANCES WITHIN A 1-YEAR PERIOD, OR ANY OTHER PATTERN OF DISCOURTEOUS CONDUCT. |
1-DAY SUSPENSION TO 14-DAY SUSPENSION |
5-DAY SUSPENSION TO 30-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
Insubordination
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-DEFIANCE OF AUTHORITY, REFUSAL TO FOLLOW INSTRUCTIONS (TO BE USED WHERE THERE IS EVIDENCE OF INTENT TO NOT COMPLY WITH INSTRUCTIONS), INSOLENT OR DISRESPECTFUL BEHAVIOR |
5-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Conflict of Interest
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-CREATING A CONFLICT OF INTEREST OR THE APPEARANCE OF IT BY SOLICITATION OR UNAUTHORIZED ACCEPTANCE OF GIFTS, FAVORS, GRATUITIES, ENTERTAINMENT, OR ANY OTHER THING OF MONETARY VALUE. |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-OUTSIDE EMPLOYMENT OR OTHER ACTIVITY NOT PROPERLY APPROVED BY NIH OFFICIALS OR NOT COMPATIBLE WITH FULL AND PROPER DISCHARGE OF NIH DUTIES. |
REPRIMAND TO REMOVAL |
14 -DAY SUSPENSION TO REMOVAL |
REMOVAL |
-FAILURE TO COMPLETE CONFLICTS OF INTEREST-RELATED MANDATORY TRAINING; FAILURE TO PROVIDE REQUESTED FORMS OR OTHER REQUESTED INFORMATION. |
REPRIMAND TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Discrimination
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-DISCRIMINATION AGAINST AN EMPLOYEE OR APPLICANT BECAUSE OF RACE, COLOR, RELIGION, GENDER, NATIONAL ORIGIN, AGE, MARITAL STATUS, LAWFUL POLITICAL AFFILIATION, LABOR ORGANIZATION MEMBERSHIP, PHYSICAL DISABILITY, OR SEXUAL ORIENTATION |
14-DAY SUSPENSION TO REMOVAL |
30-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-ANY REPRISAL ACTION AGAINST EMPLOYEE FOR PROPERLY ENGAGING IN PROTECTED CONDUCT |
14-DAY SUSPENSION TO REMOVAL |
30-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-USE OF CRITICAL, DEMEANING, SLANDEROUS, INFLAMMATORY, DEFAMATORY, OR DEGRADING REMARKS OR COMMENTS, WHICH RELATE TO AN INDIVIDUAL'S RACE, COLOR, RELIGION, AGE, GENDER, NATIONAL ORIGIN, SEXUAL ORIENTATION, OR PHYSICAL OR MENTAL DISABILITY. |
REPRIMAND TO REMOVAL |
5-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Sexual Misconduct
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
A. MOST SEVERE--ACTUAL OR ATTEMPTED RAPE OR SEXUAL ASSAULT. |
REMOVAL |
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B. SEVERE--SUCH AS PRESSURE FOR SEXUAL FAVORS. |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
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C. LESS SEVERE--SUCH AS UNINVITED TEASING, JOKES, REMARKS, OR QUESTIONS OF A SEXUAL NATURE. |
REPRIMAND TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Intoxicants and Drugs
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
Before taking action against an employee for an offense under this category you must consult with your servicing personnel office to ascertain if there are any accommodation issues which must be addressed. | |||
-REPORTING FOR DUTY OR BEING ON DUTY UNDER THE INFLUENCE OF INTOXICANTS; UNAUTHORIZED POSSESSION OF OR BRINGING INTOXICANTS ON NIH PREMISES |
REPRIMAND TO REMOVAL |
7-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-REPORTING FOR DUTY OR BEING ON DUTY UNDER THE INFLUENCE OF UNPRESCRIBED OR ILLEGAL NARCOTICS OR DRUGS |
7-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-USE OF INTOXICANTS OR UNPRESCRIBED OR ILLEGAL NARCOTICS OR DRUGS ON GOVERNMENT PROPERTY |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
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-POSSESSION, UNAUTHORIZED SALE OR TRANSFER OF NARCOTICS OR DRUGS ON GOVERNMENT PROPERTY |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
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-OPERATING U.S. GOVERNMENT-OWNED OR LEASED VEHICLES OR CONVEYANCE (OR PRIVATELY OWNED VEHICLES ON OFFICIAL BUSINESS) WHILE UNDER THE INFLUENCE OF INTOXICANTS OR DRUGS |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
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-IMPROPER USE OF INTOXICANTS OR DRUGS FOLLOWING REHABILITATIVE EFFORTS |
CONSULT WITH ICD PERSONNEL OFFICE PER NOTE ABOVE. |
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Work Performance
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-FAILURE TO FOLLOW INSTRUCTIONS |
REPRIMAND TO 5-DAY SUSPENSION |
7-DAY SUSPENSION TO 30-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
-NEGLIGENCE WHERE WASTE OR OTHER COST IS INSUBSTANTIAL |
REPRIMAND |
REPRIMAND TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
-NEGLIGENCE WHERE WASTE OR OTHER COST IS SUBSTANTIAL |
5 TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
A single act of gross negligence can warrant removal for a first offense. | |||
-CONCEALING OR ATTEMPTING TO CONCEAL DEFECTIVE WORK; REMOVING OR DESTROYING DEFECTIVE WORK WITHOUT PERMISSION |
REPRIMAND TO 5-DAY SUSPENSION |
5 TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
-MALINGERING, WASTING DUTY TIME, INATTENTION TO DUTY, OR LEAVING JOB TO WHICH ASSIGNED DURING WORKING HOURS WITHOUT PERMISSION |
WRITTEN WARNING TO REPRIMAND |
REPRIMAND TO 7-DAY SUSPENSION |
7-DAY SUSPENSION TO REMOVAL |
Sleeping on Duty
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-WHEN LIFE, PROPERTY, OR SECURITY IS NOT ENDANGERED |
WRITTEN WARNING TO 3-DAY SUSPENSION |
WRITTEN REPRIMAND TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
-WHEN LIFE, PROPERTY, OR SECURITY IS ENDANGERED |
7-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Safety
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-FAILURE TO OBSERVE REASONABLE PRECAUTIONS FOR PERSONAL SAFETY, SAFETY RULES, REGULATIONS, INSTRUCTIONS |
REPRIMAND TO 3-DAY SUSPENSION |
3 TO 14-DAY SUSPENSION |
14-DAY SUSPENSION TO REMOVAL |
-VIOLATION OF SAFETY REGULATION WHICH ENDANGERS LIFE OR PROPERTY OR CAUSES INJURY |
7-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-FAILURE TO OBSERVE "NO SMOKING" REGULATIONS |
WRITTEN WARNING |
REPRIMAND |
3 TO 14-DAY SUSPENSION |
-FAILURE OR REFUSAL TO WEAR/USE PROTECTIVE EQUIPMENT/DEVICES WHEN PROVIDED AND/OR WHEN SAFETY RULES/PROCEDURES REQUIRE THEIR USE |
REPRIMAND TO 7-DAY SUSPENSION |
7-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
-REQUIRING OR ALLOWING SUBORDINATES TO PERFORM WORK ACTIVITIES IN AN UNSAFE MANNER OR WHERE CONDITIONS ARE UNSAFE AND/OR UNHEALTHY |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Security
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-PROCEDURAL OR ADMINISTRATIVE DEVIATION FROM SECURITY PROCEDURES (CLASSIFIED MATERIAL HAS NOT BEEN COMPROMISED) |
WRITTEN WARNING TO 3-DAY SUSPENSION |
REPRIMAND TO 14-DAY SUSPENSION |
7-DAY SUSPENSION TO REMOVAL |
-FAILURE TO SAFEGUARD CLASSIFIED MATERIAL RESULTING IN UNAUTHORIZED DISCLOSURE OR COMPROMISE OF CLASSIFIED MATERIAL |
REPRIMAND TO REMOVAL |
5-DAY SUSPENSION TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
Fiscal Irregularities
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
-UNAUTHORIZED AND/OR IMPROPER USE OF U.S. GOVERNMENT FUNDS OR OF OTHER FUNDS WHICH CAME INTO AN EMPLOYEE'S POSSESSION BY REASON OF EMPLOYMENT |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
-SUBMISSION OF, OR ALLOWING THE SUBMISSION OF, FALSELY STATED TRAVEL, PAYROLL, PURCHASE VOUCHERS, OR LEAVE OR OTHER SIMILAR DOCUMENTS |
REPRIMAND TO REMOVAL |
14-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Where an example of misuse of the travel card (government credit card) has been confirmed by an IC, and reported to the OMB and OHR accordingly, at a minimum, the employee's supervisor must address the infraction by meeting w/ and counseling the employee. In this regard, the supervisor is to comply w/ the requirements outlined in Section 1(B) "Informal Discipline" of the NIH Table of Penalties, including some form of written documentation. It is expected that formal action would be necessary when an employee’s improper travel card activity is repeated or is, upon the first occurrence, a serious violation of the rules of proper use. Where the IC determines the infraction is serious enough to warrant formal disciplinary action the following actions shall apply: |
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-MISUSE OF GOVERNMENT CREDIT CARD. THIS CHARGE INCLUDES BUT IS NOT LIMITED TO: -- Failure to properly safeguard the travel card. -- Allowing someone else to use your travel card. -- Using the card for personal purchases. -- Using the card for transactions in the local travel area that are not exempt. -- Using the card for ATM or Bank or Financial Institution withdrawals when you are not in TDY travel status.
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WRITTEN WARNING TO REMOVAL |
WRITTEN REPRIMAND TO REMOVAL |
5-DAY SUSPENSION TO REMOVAL |
Prohibited Political Activity
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
A. ENGAGING IN TYPES OF POLITICAL ACTIVITIES PROHIBITED BY LAW OR BY GOVERNMENTWIDE REGULATIONS. |
30-DAY SUSPENSION TO REMOVAL |
REMOVAL |
Professional Misconduct
NATURE OF MISCONDUCT |
FIRST ACTION |
SECOND ACTION |
THIRD ACTION |
|---|---|---|---|
VIOLATION OF RECOGNIZED PROFESSIONAL OR AGENCY STANDARDS OF MEDICAL ETHICS OR PATIENT CARE |
REPRIMAND TO REMOVAL |
7-DAY SUSPENSION TO REMOVAL |
REMOVAL |
