2. The suspension penalties listed in the table are applicable to workdays only.

(Caution: In Title 5, U.S. Code, Chapter 75, "Suspended for More than 14 days" is interpreted to
express calendar days.)

3. In using this table, consideration will be given to the following:

a. The table is designed to be sufficiently broad to include most types of offenses, but is not intended
to be an exhaustive listing of all offenses. For other offenses, appropriate penalties may be
prescribed by disciplinary officials for application within their jurisdiction, consistent with the range of
penalties for comparable offenses listed in the table.

b. This guide does not cover all offenses for which disciplinary penalties are expressly provided by
law or Civil Service regulation.

c. Offenses need not be identical in order to support progressively more severe disciplinary/
adverse action against an employee. For example, an employee who has received an admonishment
for AWOL can receive a reprimand for sleeping on duty, and possibly be suspended or removed for
a third offense unrelated to the two previous infractions.

d. When an employee has committed a combination or series of offenses, a greater penalty than is
listed for a single offense is appropriate.

e. Where appropriate, demotion may be used in place of removal as provided in this chapter, except
for the offense described in item 27 of the table.

f. Disciplinary penalties will generally fall between the ranges indicated in the guide, but in unusual
circumstances greater or lesser penalties may be imposed. In determining disciplinary action to be
taken in a specific case, the following factors that will be considered as cited in

Douglas v. VA, 5 M.S.P.R. 280 (1981). Remember that any of the Douglas factors may be either
mitigating or aggravating. Each relevant factor must be addressed.

(1) The nature and seriousness of the offense, and its relation to the employee's duties, position and
responsibilities, including whether the offense was intentional or technical or inadvertent, or was
committed maliciously or for gain, or was frequently repeated;

(2) The employee's job level and type of employment, including supervisory or fiduciary role,
contacts with the public, and prominence of the position;

(3) The employee's past disciplinary record;

(4) The employee's past work record, including length of service, performance on the job, ability to
get along with fellow workers, and dependability;

(5) The effect of the offense upon the employee's ability to perform at a satisfactory level and its
effect upon the supervisor's confidence in the employee's ability to perform assigned duties;

(6) Consistency of the penalty with those imposed upon other employees for the same or similar
offenses;

(7) Consistency of the penalty with any applicable agency table of penalties;

(8) The notoriety of the offense or its impact upon the reputation of the agency;

(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;

(10) Potential for the employee's rehabilitation;

(11) Mitigating circumstances surrounding the offense such as unusual job tension, personality
problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others
involved in the matter; and

(12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by
the employee or others.

g. Removal action will be taken whenever required by law or regulation or whenever warranted by
the facts in the individual case. Normally, progressively more severe penalties will be administered
before removal action is initiated, unless the offense is so serious that it warrants removal action.
The severity of the penalty will be that which is required in order to correct the attitude or conduct
of the employee or to correct the situation.

h. Although oral or written counselings of employees are not considered disciplinary actions, such
counselings may be considered when assessing the appropriate penalty for a particular offense.

i. The "Douglas" factors are not applicable in those instances where a specific penalty

(e.g., 30 day suspension for misuse of a Government vehicle) is required by statute.