Table Of Penalties (MP-5 752)

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APPENDIX D. TABLE OF EXAMPLES OF OFFENSES AND PENALTIES
RANGE OF PENALTIES FOR STATED OFFENSES (MP-5, Part I Chapter 752 (December 31, 1998)
NOTE: "Days" specified in this table refer to suspension.
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INSTRUCTIONS FOR USE OF TABLE (click here)
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NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
.	Minimum Maximum		Minimum Maximum	Minimum Maximum
1. Unexcused tardiness.	Admonishment Reprimand		Reprimand 5 days	5 days Removal **
2. Unexcused or unauthorized absence.	Admonishment Reprimand		Reprimand 10 days	10 days Removal
3. Leaving job to which assigned or Apremises, during working hours, without proper permission.	Admonishment Reprimand		Reprimand 5 days	10 days Removal
4. Loafing, willful idleness, or waste of time.	Admonishment Reprimand		Reprimand 10 days	10 days Removal
5. Careless or negligent workmanship resulting in waste or delay.	Admonishment Reprimand		Reprimand 10 days	10 days Removal
6. Violating traffic regulations or reckless driving on VA premises; or improper operation of a motor vehicle.	Admonishment 10 days		Reprimand Removal	10 days Removal
7. Failure to observe precaution for personal safety, posted rules, signs, written or oral safety instructions, or to use protective clothing or equipment.	Admonishment 10 days		Reprimand Removal	10 days Removal
8. Smoking in unauthorized places or carrying of matches in explosive areas.	Admonishment Reprimand **		Reprimand 10 days	10 days Removal
9. Endangering the safety of or causing injury to anyone on VA premises through carelessness or negligence.	Admonishment Removal		10 days Removal	Removal
10. Failure to report personal injury or accident.	Admonishment Reprimand		Reprimand 10 days	5 days 15 days
NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
...	Minimum Maximum		Minimum Maximum	Minimum Maximum
11. Failure to safeguard confidential matter.	Admonishment Reprimand		Reprimand 10 days	10 days Removal
12. Deliberate failure or unreasonable delay in carrying out instructions.	Admonishment Reprimand		3 days 10 days	10 days Removal
13. Sleeping on duty. a. Where safety of patients, beneficiaries, members, employees or property is not endangered. b. Where safety of patients, beneficiaries, members, employees, or property may be endangered.	. Admonishment Reprimand . . 5 days Removal		. Reprimand 10 days . . Removal	. 10 days Removal
14. Abuse of patients or beneficiaries.	Reprimand Removal		10 days Removal	Removal
15. Fighting, threatening, attempting or inflicting bodily injury to another; engaging in dangerous horseplay. (Penalty depends on such factors as provocation, extent of any injuries, and whether actions were defensive or offensive in nature.)	Reprimand Removal		10 days Removal	Removal
16. Disrespectful conduct, use of insulting, abusive, or obscene language to or about other personnel, patients, or visitors.	Reprimand Removal		10 days Removal	Removal
17. Deliberate refusal to carry out any proper order from, or insolent, abusive, or obscene language toward immediate or other supervisor having responsibility for the work of the employee; willful resistance to same.	Reprimand Removal		10 days Removal	Removal
NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
..	Minimum Maximum		Minimum Maximum	Minimum Maximum
18. Offenses related to intoxicants. Actions involving these offenses should be reviewed to ensure the requirements of drug and alcohol abuse program are met.
18 a. Alcohol-related:
(1) Unauthorized possession of alcoholic beverages while on VA premises or in duty status. (2) Unauthorized use of alcoholic beverages while on VA premises or in duty status. (3) Reporting to or being on duty while under the influence of alcohol. (4) Sale or transfer of an alcoholic beverage while on VA premises or in a duty status or while any person involved is in a duty status.	Reprimand 5 days . Reprimand 10 days . Reprimand 10 days . 10 days Removal .		10 days Removal . .15 days Removal .. ..15 days Removal .... .Removal	15 days Removal . .Removal . . .Removal . . . . .
18 b. Drug-related:
(1) Unauthorized possession of an illegal drug or controlled substance while on VA premises or in a duty status. (2) Unauthorized use of a drug or controlled substance while on VA premises or in a duty status. (3) Reporting to or being on duty while under the influence of a drug or controlled substance.	5 days 10 days . . 10 days Removal . 15 days Removal		15 days Removal . . .15 days Removal . . ... Removal	Removal . . Removal
(4) Sale or transfer or a drug or controlled substance while on VA premises or in a duty status or while any person involved is in a duty status. (5) Refusal to take drug test, as required.	15 days Removal . Admonishment Removal		Removal . . 15 days Remova	. . Removal
NATURE OF OFFENSE	1ST OFFENSE	2ND OFFENSE		3RD OFFENSE
..	Minimum Maximum	Minimum Maximum		Minimum Maximum
19. Gambling, unlawful betting on VA premises.	Reprimand 10 days	10 days Removal		Removal
20. Promotion of gambling on VA premises.	Reprimand Removal	15 days Removal		Removal
21. Indebtedness-lack of good faith in paying just financial obligations; such as failure without good cause to make or live up to arrangements to pay a debt that the employee admits he owes or that is supported by court judgment, or that represents a tax or other financial obligation to the U.S. Government or the State or local government.	Admonishment	Admonishment Reprimand		Reprimand Removal
22. Actual or attempted theft of Government property, or of personal property , or of personal property on VA premises.	Reprimand Removal	10 days Removal		Removal
23. Making false or unfounded statements, which are slanderous or defamatory, about other VA personnel or officials.	Reprimand Removal	10 days Removal		Removal
24. Falsifying attendance record for self or another employee.	Reprimand Removal	10 days Removal		Removal
25. Intentional falsification, misstatement, or concealment of material fact in connection with employment or any investigation, inquiry or other proper proceeding; refusal to cooperate in same; or willfully forgoing or falsifying official Government records or documents	Reprimand Removal	10 days Removal		Removal
NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
.	Minimum Maximum		Minimum Maximum	Minimum Maximum
26. Loss of, damage to, or unauthorized use of Government property: a. Through carelessness or negligence. b. Through maliciousness or intent. NOTE: For willful use or authorization of the use of any Government vehicle for other than official purposes, the prescribed penalty is suspension for not less than 30 days or removal (31 U.S.C. 1349(b); see number 49.	. . . Admonishment 15 days . Reprimand Removal		. . . 10 days Removal . 10 days Removal	. . . Removal . . Removal
27. Owning any interest in, or receiving any, wages, salary dividends, profits, gratuities, or services from any ducational institution operated for profit in which an eligible veteran, or person, is pursuing a course of education or training under 38 U.S.C. 34 and 35 where it is determined that detriment will result to the United States or to eligible veterans, or persons, by reason or such interest or connection.	Removal
28. Participation in any type of outside activities, of relationships with contractors, lenders, builders, or others engaged in business with VA or relationships with those seeking contracts, which would be contrary to the best interests of VA and the veterans it serves. Penalty action will be determined on the basis of whether the activities, or relationships, might result in a conflict between the private interest of the employee and his/her duty and obligation to VA, or tend to create in the minds of others a suspicion of prejudice or favoritism that would be of embarrassment to VA.	Admonishment Removal		10 days Removal	Removal
NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
.	Minimum Maximum		Minimum Maximum	Minimum Maximum
29. Except as specifically authorized, disclosing or using directly or indirectly information obtained as a result of employment in VA, which is of a confidential nature or which represents a matter of trust; or any other information so obtained of such character that its disclosure or use would be contrary to the best interests of the Government, VA, or the veterans being served by it.	Reprimand Removal		Removal
30. Borrowing from, or lending money to, any beneficiary or claimant of VA; or borrowing from, or lending money to, another VA employee (or non-VA employee) for the purpose of monetary gain while on duty or on VA property.	Reprimand Removal		Removal
31. Soliciting contributions for, or otherwise promoting, on premises occupied by VA, any national or local welfare or other type of campaign which has not had appropriate VA endorsement.	Reprimand Removal		10 days Removal	Removal
32. Selling tickets, stocks, articles, or commodities or services on VA premises. This prohibition is not to be construed as prohibiting employees from engaging in bona fide activities on premises occupied by VA, or a recognized employee union, group, organization, or association, as provided in other chapter of this manual.	Reprimand Removal		10 days Removal	Removal
NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
.	Minimum Maximum		Minimum Maximum	Minimum Maximum
33. Accepting gifts or gratuities (whether in the form of goods, money, services, purchases at discount, entertainment, or similar favors) from claimants or beneficiaries of the VA, or individuals or firms doing business with or having contractual relations with the VA.	Reprimand Removal		Removal
34. Violation of the Privacy Act.	Reprimand 10 days		10 days Removal	Removal
35. Prohibited personnel practice. (Reference: 5 U.S.C. 2302.)	Reprimand Removal		10 days Removal	Removal
36. Participating in a strike, work stoppage sick-out, slowdown, or other job action.	Reprimand Removal **		Removal	Removal
37. Sexual harassment.	Reprimand Removal		5 days Removal	10 days Removal
Offenses Related to Seprvisory/ ManagerialObservance of Employee Rights: 38. Discrimination based on race, color, sex, religion, national origin, age, marital status, political affiliation, or disability.	. . . . Reprimand Removal		. . . . 5 days Removal	. . . . 10 days Removal
39. Interference with an employee's exercise of, or reprisal against an employee for exercising, a right to grieve, appeal or file a complaint through established procedures.	Reprimand Removal		5 days Removal	Removal
NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
.	Minimum Maximum		Minimum Maximum	Minimum Maximum
40. Reprisal against an employee for pro- viding information to an Office of Inspector General (or equivalent) or Office of Special Counsel, or to an EEO investigator, or for testifying in an official proceeding.	10 days Removal		Removal
41. Reprisal against an employee for exer-cising a right provided under 5 U.S.C. 71 (Federal Labor Management Relations Statute).	Reprimand Removal		5 days Removal	10 days Removal
42. Violation of an employee's constitutional rights (i.e., freedom of speech, association, religion).	Reprimand Removal		5 days Removal	10 days Removal
Offenses Prescribed in Statute: 43. Finding by MSPB of refusal to comply with MSPB order or of violation of statute causing issuance of Special Counsel complaint [(5 U.S.C. 1204(a)(2) and 1212(a)]. NOTE: Penalty may need to be coordinated with Office of Special Counsel.	. . . Reprimand Removal		. . . Reprimand Removal	. . . Reprimand Removal
44. Directing, expecting, or rendering services not covered by appropriations (5 U.S.C. 3103).	Removal
45. Prohibited Political Activity:* a. Violation of prohibition against the solicitation of political contributions (5 U.S.C. 7323). b. Violation of prohibition against influencing elections (5 U.S.C. 7324).	. . Removal . . .30 days Removal		. . . . . .Removal
NATURE OF OFFENSE	1ST OFFENSE		2ND OFFENSE	3RD OFFENSE
.	Minimum Maximum		Minimum Maximum	Minimum Maximum
46. Failure to deposit into the Treasury money accruing from lapsed salaries or from unused appropriations for salaries (5 U.S.C. 5501).	Removal
47. Soliciting contributions for a gift for a superior; making a donation as a gift to a superior; accepting a gift from an employee receiving less pay (5 U.S.C. 7351).	Reprimand Removal		10 days Removal	Removal
48. Action against national security (5 U.S.C. 7532).	30 days Removal		Removal
49. Willfully using or authorizing the use of a government passenger motor vehicle or aircraft for other than official purposes (31 U.S.C. 1349(b)). NOTE: 30 days for this offense means calendar days.	30 days Removal		Removal
50. Mutilating or destroying a public record (18 U.S.C. 2071).	Removal

* * Typographical error corrected
* Actions based on Hatch Act violations will be initiated.

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