such factors as the value or the property or amounts of employee time involved, and the nature of the position held by the offending employee which may PDF The Douglas Factors posted June 9, 2003. This Douglas factor generally refers to the connection between the seriousness of the allegation and the position that a federal employee holds. Private sector cases are drastically different. An official website of the United States government. For this Douglas factor there are a number of ways in which to argue that a reduced penalty would serve the same purpose as something more serious (e.g. Guidelines for determining appropriate penalties 2 - 3, page 8 Additional considerations 2 - 4, page 8 Chapter 3 Table of Offenses and Penalties Guidance, page 9 General 3 - 1, page 9 Offense column 3 - 2, page 9 Penalty column 3 - 3, page 9 Appendixes A. References, page 18 B. PDF NASA DESK GUIDE FOR TABLE OF DISCIPLINARY OFFENSES AND PENALTIES Version 3 The consistency of the penalty with any applicable agency table of penalties; 8. 6 Norris v. Securities and Exchange Commission, 675 F.3d 1349, 1355 (Fed. Explanation, if relevant: (9) 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. Did the employee have access to a handbook that detailed proper procedure and policy? DOC Proposed Disciplinary/Adverse Action Worksheet - FedSmith.com For example, a law enforcement officer is charged with enforcing laws. After waiting at least 30 days from the issuance of the proposal notice, a deciding official will issue a decision letter either sustaining the charges and penalty, or reducing the penalty. More significant discipline is referred to as an adverse action, which entails suspensions of more than 14 days, reductions in grade or pay, furloughs of 30 days or less, or removals. PDF Douglas Factors * in deciding disciplinary punishment of federal - AELE Many federal agencies maintain tables of penalties that detail discipline options for common offenses. 1 0 obj What kind of recovery can I get in my discrimination case? This one is pretty self-explanatory. 7 Douglas v. Veterans Administration, 5 M.S.P.R. Once you have a few key factors you should try to collect any supporting evidence that may be helpful, like doctors notes, proof of counseling sessions, etc. Yet surprisingly, most non-managerial federal employees have no knowledge of these important factors until they themselves are facing discipline. Note: The above misconduct could be the basis for two separate charges, Unauthorized Absence and Failure to Call in an Absence as Required by Agency Policy. EachDouglas Factor can work for or against an employee depending on their specific case. This Douglas factor tends to be a general mitigation factor that can incorporate many different types of arguments for mitigating a penalty. PDF DOI Department Manual Table of Offenses and Penalties Postal Service, 634 F.3d 1274, 1279 (Fed. Factor: Nature and seriousness 9. The twelve keys to the outcome of your discipline case, Background Source of The Douglas Factors, Analysis and Explanation of each Douglas Factor, The nature and seriousness of the offense, relation to employees duties, and intent. unless application of the Douglas factors supports a penalty outside that range or if a statutory penalty applies such as willful misuse of a Government vehicle. This means you should provide objective facts to support your arguments if you can. For example, in this type of case we would argue that you cannot issue a light penalty (e.g., 7-day suspension) for one federal employee and propose a 60-day suspension for another employee where the nature of the alleged conduct is so similar. We are all human, we all make mistakes, how you handle those mistakes speaks volumes about your character. 4 Archuleta v. Hopper, 786 F.3d 1340, 1352 (Fed. This Douglas factor is one of the most often used arguments our firm uses in support of mitigation of a disciplinary penalty. Leverage the Douglas Factors properly at your Oral Reply, and you may avoid a costly MSPB Case Later. For more information, visit WrightUSA.com. 1999). Reviewing thesetwelve factors in a vacuum is not useful to you as an employee, or tomanagers who are trying to make a decision about a specific disciplinarycase. Obtain insurance protection for your career today. A federal agencys table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. 1985). Conclusions and vague statements do not hold much weight with third parties. xfg! Another example would be an employee who holds a position as a clerk where they regularly handle money deposited by the public and are responsible for balancing small accounts. Factor 8: The notoriety of the offense or its impact upon the reputation of the agency. Generally, the ranges of penalties are fairly broad (e.g., Letter of Reprimand to Proposed Removal). Ability to perform, and supervisory confidence, Consistency of the penalty with other cases, Consistency of the penalty with agencys table of penalties and offenses, Adequacy and effectiveness of alternative sanctions, Applying the Douglas Factorsto your case. The more notice you have of the prohibition on certain conduct the strongerargument management has for issuing discipline if you engage in that misconduct. If you can make a strong enough case the Administrative Judge (AJ) may modify or cancel the discipline in your case. 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). Factor: Employee's . A knowledge of the Douglas Factors is helpful for both federal employees and managers. U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240. We have also seen federal agencies use this Douglas factor to aggravate disciplinary penalties where other agencies (federal, state, local) have become aware of a federal employees misconduct, arguing that the employees actions have caused the federal agencys reputation to somehow become tarnished. This means that when evaluating the seriousness of an offense, a manager must consider whether the misconduct was intentional, inadvertent or the result of negligence. Take factor #4 for example, past work record, if you can get colleagues, supervisors, etc. If you are a federal manager reading this article, it will help you understand the kind of analysis you should be engaging inwhen you apply the 12 Douglas Factors to the specific facts of a discipline case. That translates into harsher penalties for repeat offenders. 280, 305-06 (1981). The range of penalties described in the Table is intended to serve as a guide to discipline, not a rigid standard, and deviations are allowable for a variety of reasons. See Douglas v. Veterans Administration, 5 M.S.P.R. Opinions expressed in this article are for informational purposes only and do not constitute legal advice. Every case is different, so sometimes factors that really stand out in one case, have little to no significance in another. Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. The potential for an employees rehabilitation is an important Douglas factor for a federal employee, especially in cases of proposed removal. The thrust of this factor is that the more prominent the position, or more trust and power you hold in the position, the more seriously the agency is going to view any misconduct you engage in. Remember, there is only one absolute penalty, which can be given without a Douglas analysis - the 30-day suspension required under law for misuse of a government vehicle. The notoriety of the offense or its impact upon the reputation of the agency; . Yes___ No____The notoriety of an offense or its impact on the reputation on the Agency is usually directly related to the seriousness of the misconduct and/or prominence of the employee's position. What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? This factor basically asks: Did you know, or should you have known, that what you did was wrong and that you would be punished for engaging in that kind ofconduct? !%7K81E8zi. Do not deny the existence of bad facts. 280 (1981), the following factors may influence the decision as to whether any formal disciplinary action should be imposed at all, or whether such action might be less severe (mitigating) or more severe (aggravating) than the typical range shown in the Table of Offenses and Penalties. 5'@ (Vl]\W[w:R`u>l/;EVj@n~: `;)v O Qf$CA| )cPp0cP?l1#`:}6X93q/r@ Oc2H))!Y6I $ (P They likely held the same job you holdat some point in the past. Factor 9: 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. Explanation, if relevant: (3) The employee's past disciplinary record.Relevant? In short: if youre facing removal leveraging the 12 Douglas Factors the right way could save your job. . 1999). However, the principle of "like penalties for like offenses" does not require perfect consistency. Yes___ No____If the particular offense at issue is not in the guide, you should review the guide for similar, related offenses. 0 Agency's table of penalties recognizes this severity in establishing ranges of penalties for Check with your labor relations advisor. PDF Nasa Desk Guide for Table of Disciplinary Offenses and Penalties For instance, did the employee have access to the table of penalties? EAP can be reached by calling 1-800-XXX-XXXX. (Use sample 1). { v v _ lv lv lv Y Y S{ d lv lv lv 9w 9w 9w 9w d= BB 1 BB Proposed Disciplinary/Adverse Action Worksheet 1.DATE: (OF PROPOSAL MEMORANDUM) TO: (NAME), (POSITION) FROM: (NAME), (ORGANIZATIONAL TITLE) Must be signed by Proposing Official2.SUBJECT: Notice of Proposed (SUSPENSION OF (#) DAYS, CHANGE TO LOWER GRADE, REMOVAL)3.Paragraph Purpose of the Memorandum Sample: This is notice that I propose that you be (suspended for XX days, changed to lower grade, removed from your position and from Federal service) no earlier than 30 days from your receipt of this notice.

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