TABLE OF OFFENSES AND PENALTIES

Nature of Offense Penalty for Penalty for Penalty Remarks

(General Misconduct) First Offense Second for
Offense Third
Offense

1. Attendance-related offenses. Refer to EEOC

Order 550.007
a. Absence without leave Leave Policies
(AWOL). This includes tardiness and Procedures
and unauthorized delay in for leave
returning from lunch and break Written 5- to 30-day 30-day requirements and
periods, or in returning after Reprimand to 5- suspension suspension guidance.
leaving work station on official day suspension to removal Penalty depends
business; unauthorized departure primarily on
or absence from duty station. length and
frequency of
b. Failure to follow established unacceptable
leave procedures; failure to Written 5- to 30-day 30-day absences.
provide administratively Reprimand to 5- suspension suspension Removal may be
acceptable documentation to day suspension to removal appropriate for a
support absence(s). first or second
offense if the
c. Excessive unauthorized 5-day suspension 14-day Removal absence is
absences (e.g., more than 5 to removal suspension to prolonged, the
consecutive workdays). removal failure to adhere
to leave
d. Failure to report for duty as Removal procedures is
detailed, transferred, or flagrant, or the
reassigned. circumstances are
otherwise
particularly
burdensome.

2. Improper or unauthorized Refer to 5 USC

release of sensitive and 552a and 43 CFR
administratively-controlled 2.52 for Privacy
information or employee records; Act provisions
failure to safeguard classified regarding the
material. misuse of
Written 5- to 30-day 30-day personal
a. Information is not Reprimand to 5- suspension suspension information; also
compromised and release is day suspension to removal refer to 18 USC
unintentional. 798 and 18 USC
1905.
Written 30-day Removal
b. Information is compromised Reprimand to 30- suspension to
and release is unintentional. day suspension removal
 c. Release of restricted 30-day Removal
information is deliberate. suspension to
removal

3. Offenses related to substance

abuse.

a. Alcohol-related
Actions involving
(1) Reporting to or being on duty Written 5- to 30-day 30-day
these offenses
while “under the influence” of Reprimand to 5- suspension suspension
must assure that
alcohol. day suspension to removal counseling or
rehabilitative
assistance is
(2) Unauthorized use and/or Written 30-day Removal
offered; however,
possession of alcoholic beverages Reprimand to 30- suspension
referral to an
while on Government premises day to removal employee
(or vehicle). suspension assistance
program (EAP)
does not preclude
(3) Operating a Government 30-day Removal
the initiation of
vehicle/aircraft while “under the suspension corrective action.
influence” of alcohol. to removal

b. Drug-related

(1) Administratively confirmed Written Removal Removal

positive finding under the testing Reprimand to When there is
portion of the Drug-Free removal possession of
Workplace Program. illegal drugs - call
law enforcement
(2) Unlawful use, being under the Written 30-day Removal and notify Office
influence or unauthorized Reprimand to suspension of the Chief
possession of drugs, drug removal to removal Human Capital
paraphernalia or controlled Officer Labor &
substance while on Government Employee
premises or in a duty status. Relations
Division as well
as Safety,
(3) Sale or transfer of an illegal Removal Security &
drug or controlled substance Emergency
while on Government premises Preparedness
(or vehicle). office.
14-day 30-day
(4) Refusal or failure to provide a suspension to suspension to
required specimen for drug- removal removal
testing; tampering with a drug-test
When the
specimen; refusal to obtain
substance is
counseling or rehabilitation (after prescribed by an
finding of illegal drug use). appropriate
medical authority
and used
accordingly, it
would not be an
offense.

4. Discourteous conduct (e.g., Written 5- to 30-day 30-day 5 USC 7503(a)

rude, insolent, disgraceful acts or Reprimand to 5- suspension suspension permits
remarks) toward supervisors, co- day suspension to removal suspension of 14
workers, or the public. days or less of
any employee
with four
documented
instances of
discourteous
conduct toward
the public within
a one-year period
as confirmed by
an immediate
supervisor, or any
other pattern of
discourteous
conduct.

5.
a. Boisterous or Written 5- to 30-day 30-day
disruptive/disorderly conduct; use Reprimand to 5- suspension suspension
of insulting, intimidating, abusive day suspension to removal
or offensive language to or about
another employee or supervisor.

b. Negligence, including the Letter of 5 – day

careless failure to comply with reprimand to 14 – suspension to
rules, regulations, written day suspension removal
procedures, or proper supervisory
instructions.

c. Deliberate or malicious refusal Letter of 14 – day

to comply with rules, regulations, reprimand to suspension to
removal removal
written procedures, or proper
supervisory instructions.

6. Deliberately making known Written 14-day 30-day Refer to 5 USC

false, malicious, or unfounded Reprimand to suspension suspension 2302(b)(8) and
statements against co-workers, removal to removal to removal (9), prohibiting
supervisors, subordinates, or actions against
Government officials which could employees for
undermine the authority or engaging in
damage the reputation of those protected
concerned. activities.

7. Threatening statements or 14-day Removal Charge involving

behavior (of a physical nature). suspension “threat” must
to removal consider the
listener's
reactions, the
listener's
apprehension of
harm, the
speaker's intent,
any conditional
nature of the
statements, and
the attendant
circumstances –
refer to Metz v.
Dept. of Treasury,
780 F.2d 1001
(Fed. Cir. 1986).

8. Fighting and offenses related to Penalty depends

fighting. on such factors as
provocation,
a. Engaging in potentially Written 14-day 30-day extent of injuries,
dangerous “horseplay.” Reprimand to 14- suspension suspension and whether
day suspension to removal to removal actions were
defensive or
b. Fighting, attempting to Written Removal Removal offensive in
inflict or inflicting bodily harm Reprimand to nature.
while on Government premises removal
and/or when in a duty status.

9. Misconduct of a sexual nature Written 14- day Removal More severe

that includes, but is not limited to, Reprimand to suspension to discipline is
unwelcome sexual remarks, removal removal appropriate for
indecent comments/jokes, egregious
offensive sexual banter, unwanted misconduct.
sexual advances, or unwelcome
physical touching. Refer to 29 CFR
1604 on EEOC
 Zero tolerance
policy.

10. Failure to provide equal Written 14-day Removal Refer to 5 CFR

opportunity regardless of race, Reprimand to suspension to 2635.101(13).
color, religion, gender, national removal removal
origin, age, marital status,
political affiliation, sexual
orientation or handicapping
condition.

11.
a. Unauthorized possession/sale Written 14-day 30-day
(actual or attempted) of Reprimand to suspension to suspension
Government property or property removal removal to removal
of others; improper acceptance of
Government
funds/reimbursement.
Letter of Removal
b. Submission of (or causing or reprimand to
allowing the submission of) removal, if for
falsely stated time logs, leave administrative
forms, travel or purchase convenience or to
vouchers, payroll, loan, or other avoid following
fiscal documents. required
procedures.

Letter of Removal
reprimand to
c. Failure to properly account for removal
or make proper distribution of any
property, Government or other
funds, or any other thing of value
coming into an employee’s
custody as a result of Letter of Removal
employment. reprimand to
removal
d. Concealment of (or failing to
report) missing, lost, or
misappropriated funds, or other
fiscal irregularities.

12. Loss, misuse of, damage to or Written 14- to 30-day 30-day Refer to 5 CFR
failure to safeguard Government Reprimand to 14- suspension suspension 2635.101(9).
property, records, or information day suspension to removal
(e.g., willful or negligent damage
to Government resources;
carelessness in performance of
duty resulting in waste of public
funds).

13. Willful use of (or authorizing 30 –day Removal 31 USC 1349 (b)
the use of) any Government- suspension to mandates a
owned or Government – leased removal. minimum penalty
passenger vehicles for other than of a one month
official purposes. suspension for
unofficial use of
Government
passenger
carrying vehicles.

14. Failure to comply with safety Written 14- to 30-day 30-day

regulations, instructions or Reprimand to 14- suspension suspension
prescribed safe practices; failure day suspension to removal
to use proper safety equipment;
failure to report accident or
injury.

15. Sleeping or loafing while on Written 5- to 14-day 14-day Seriousness of

duty; inattention to duty; willful Reprimand to 5- suspension suspension offense is greater
idleness while on duty. day suspension to removal if
persons/property
endangered.

16. Failure or delay in carrying Written 14- to 30-day 30-day

out instructions; failure or Reprimand to 14- suspension suspension
carelessness in performing day suspension to removal
assigned work; failure to
take/complete officially-directed
training.

17. Insubordination; disregard of 5-day suspension 30-day Removal

directive; refusal to to removal suspension
comply with a proper order. to removal

18. Written 30-day Removal

Falsification/misrepresentation of Reprimand to suspension
official Government records or removal to removal
documents including, but not
limited to, time and attendance
records, travel vouchers, job
applications, performance
appraisals, claims for benefits,
and other employment-related
documents.

19.

a. Misrepresentation, Removal
falsification, exaggeration,
concealment or withholding of 14-day 30-day
material fact in connection with suspension suspension
an official Government to removal to removal
investigation, inquiry or other
administrative proceeding.

b. Unethical or improper use of

official authority or credentials. Written Removal
Reprimand to
removal

c. Unauthorized disclosure or use

of (or failure to safeguard) Written Removal
information protected by the Reprimand to
Privacy Act or other official, removal
sensitive, or confidential
information.

20. Refusal to testify or cooperate 5-day suspension 14-day 30-day

in connection with any to removal suspension suspension
administrative investigation, to removal to removal
inquiry, or other proper
proceeding (when criminal
charges are not anticipated).

21. Prohibited/improper use of Written 14- to 30-day 30-day Refer to 5 CFR

Government property (e.g., office Reprimand to 14- suspension suspension 2635.704 and
equipment; supplies; facilities; day suspension to removal 705(a). Consider
credentials; records; More severe issue of employee
communication resources; cellular More severe discipline notice regarding
phones; official time); misuse of discipline (including agency policy.
the Internet/electronic mail; using (including removal) may be
the Internet/electronic mail for removal) may be appropriate for
unauthorized purposes. appropriate for first/second
first/second offense if
offense if misconduct
misconduct involves using the
involves using the Commission’s
Commission’s Internet/electronic
Internet/electronic mail system for
mail system for prohibited
prohibited reasons, including
reasons, including gambling,
gambling, accessing/sending
accessing/sending prohibited
prohibited sexually-related
sexually-related material, or other
material, or other egregious acts of
egregious acts of misuse.
misuse.
22. Offenses related to gambling. Refer to 5 CFR
735.201.
a. Participating in a gambling Written 14- to 30-day 30-day
activity while on Government Reprimand to 14- suspension suspension
premises or in a duty status (e.g., day suspension to removal
office pools).

b. Operating, assisting, or 5- to 30-day 30-day Removal

promoting a gambling activity suspension suspension
while on Government premises or to removal
in a duty status or while others
involved are in a duty status.

23. Offenses related to

Government travel charge card
and/or purchase card.

a. Misuse of travel card (i.e., Written 5-day suspension 30-day

personal/unauthorized purchases) Reprimand to 30- to removal suspension
or delinquent in payment. day suspension to removal

b. Misuse of travel card (i.e., 5- to 30-day 14-day Removal

personal/unauthorized purchases) suspension suspension
and delinquent in payment. to removal

c. Unauthorized use of or Written 14-day Removal

failure to appropriately monitor Reprimand to 30- suspension to
use of Government purchase card; day suspension removal
“micro-purchasing” violations.

24. Carrying a firearm or other 30-day Removal Refer to 18 USC

weapon on Government property suspension 930.
(or in Government vehicle) unless to removal
specifically authorized/required in
the performance of duties.

25. Using public office for private 5-day suspension Removal Refer to 5 CFR
gain. to removal 2635.702.

26. Engaging in Written 5- to 14-day 14-day Refer to 5 CFR

unauthorized/prohibited selling, Reprimand to 5- suspension suspension 2635.808.
soliciting or fundraising activities. day suspension to removal

27. Engaging in prohibited Written Removal Refer to 5 CFR

outside employment or private Reprimand to 3501.105.
business activities. removal

28. Participating in particular 5-day suspension Removal Refer to 5 CFR

matters while having a conflicting to removal 2635.401.
financial interest.
29. Participating in matters 5-day suspension Removal Refer to 5 CFR
affecting financial interests of an to removal 2635.601.
entity where employment is being
sought.

30. Violating the Commission’s Written 30-day Removal

or any other professional code of Reprimand to 30- suspension to
conduct that applies to employees day suspension removal
required to maintain a
professional license or
membership.

31. Violating the Standards of Written 14-day Removal Refer to 5 CFR

Ethical Conduct not covered Reprimand to suspension to 2635.
elsewhere in this Table. removal removal

32. Unauthorized use of Written Removal Refer to 5 CFR

nonpublic information. Reprimand to 2635.703.
removal

33. Engaging (on-duty or off- 5-day suspension 30-day Removal

duty) in criminal, infamous, to removal suspension
dishonest, or notoriously to removal
disgraceful conduct prejudicial to
the Government.

34. Unauthorized use, removal or Written Removal

possession of a thing of value Reprimand to
belonging to another employee or removal
private citizen.

35. a. Acting or failing to act on 5 – Day Removal

an official matter (including a Suspension to
personnel action) in a manner removal
which improperly takes into
consideration an individual’s
political affiliation, race, color,
religion, national origin, sex,
marital status, age, or
handicapping condition. [This
includes discrimination for or
against any employee or applicant
for employment prohibited by 42
U.S.C. 2000e-16; 29 U.S.C. 631
or 633a; 29 U.S.C. 206(d); 29
U.S.C. 791; or any other law, rule
or regulation.]
5 – Day Removal
b. Any reprisal or retaliation suspension to
action against an individual removal
involved in the EEO complaint
process.
 c. Use of remarks which Written 14 – Day
relate to and insult or denigrate an Reprimand to 30 Suspension to
individual’s race, color, religion, – Day Suspension removal
national origin, sex, marital status,
age, or handicapping condition.

d. Negligence or insensitivity Written 5 – Day

to an individual’s race, color, Reprimand to 5 – Suspension to
religion, national origin, sex, Day Suspension removal
marital status, age, or
handicapping condition which is
determined to be discriminatory
and where there is no other
finding of overt discrimination.

e. Failure to take appropriate 5 – Day Removal

action regarding allegations or Suspension to
findings of discriminatory removal
practices.

Nature of Offense Penalty for Penalty for Penalty Remarks

(Supervisory Misconduct) First Offense Second for
Offense Third
Offense

1. Taking, directing others to take, 5-day suspension 14-day Removal Refer to 5 USC
recommending or approving any to removal suspension 2302, 5 CFR
action which may be considered a to removal 2635.101(13).
“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).

2. Taking reprisal action against 5- to 30-day 14-day Removal Refer to 5 USC,

an employee for exercising rights suspension suspension Chapter 71.
provided by the Federal Service to removal
Labor-Management Relations
Statute.

3. Neglecting to recommend/take Written 14-day Removal

corrective action upon receipt of Reprimand to 30- suspension
information regarding the job- day suspension to removal
related misconduct of a
subordinate employee.

4. Failure to appropriately Written 14-day Removal

monitor employee use of Reprimand to 14- suspension
day suspension to removal
Government purchase/travel
charge card.

5. Misconduct of a sexual nature 5-day suspension 14-day Removal More severe

that includes, but is not limited to, to removal suspension to discipline is
unwelcome sexual remarks, removal appropriate for
indecent comments/jokes, egregious
offensive sexual banter, unwanted misconduct.
sexual advances, or unwelcome
physical touching.

6. Influencing or attempting to 5- to 30-day 14-day Removal Refer to 5 USC

influence the EEOC employment suspension suspension 3110.
of a relative. to removal

7. Using Government employees Written 14-day 30-day Refer to 5 CFR

in duty status for other than Reprimand to suspension suspension 2635.705(b).
official purposes. removal to removal to removal

8. Borrowing money from a Written Removal

subordinate employee, securing a Reprimand to
subordinate’s endorsement on a removal
loan, or otherwise having a
subordinate assume the financial
responsibility of a superior.

9. Use of (or authorizing the use Written Removal

of) employees, or Government Reprimand to
owned, leased or provided removal
property, facilities, services or
credit cards, for inappropriate or
non-official purposes.

10. Willful use of (or authorizing 30 – Day Removal 31 U.S.C. 1349(b)

the use or) any Government- Suspension to mandates a
owned or Government-leased removal minimum penalty
passenger vehicles or aircraft for of a one month
other than official purposes. suspension for
unofficial use of
Government
Passenger
carrying vehicles.

Nature of Offense Penalty for Penalty for Penalty Remarks

(Violations of Statute) First Offense Second for
Offense Third
Offense
1. Engaging in prohibited partisan 30-day Removal Refer to 5 USC,
political activity (e.g., partisan suspension to Sections 7321-
campaigning; soliciting/receiving removal 7326.
political contributions).

2. Participating in a strike, work 30-day Removal Refer to 5 USC

stoppage, work slowdown, sick- suspension 7311.
out, or other similar job action. to removal

3. Misappropriating/misapplying 1- to 30-day 30-day Removal Refer to 31 USC

Government funds; directing, suspension suspension 1301, 1341 and
expecting, or rendering services to removal 1349.
not covered by appropriations.

4. Willfully mutilating or Removal Refer to 18 USC

destroying a public record. 2071.

5. Willfully using or authorizing 30-day Removal Refer to 31 USC

the use of a Government suspension 1344 and 1349.
vehicle/aircraft for other than to removal
official purposes.

6. Engaging in actions against 30-day Removal Refer to 5 USC

national security. suspension to 7532.
removal