table of penalties douglas factors

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You may make arrangements for an oral reply by contacting (Deciding Official's Name) at (Deciding Official's Telephone). Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. The argument in this type of case would be that the Agency has not truly lost confidence in the federal employees ability to perform their duties. The Douglas factors see 5 MSPR 20 191 provide an adequate and useful . Managers must take an employees propensity for rehabilitation into account. Sample: Your unauthorized absence(s) violates (Name of Agency) policy (Identify by name, number and date) specifically Section (Number) at Page (Number) which states: (Extract the language of the policy). <> We often use this Douglas factor to illustrate personality conflicts in issuing proposed discipline by the proposing official or harassment by others in the workplace which led to the proposed discipline against a federal employee. EAP can be reached by calling 1-800-XXX-XXXX. 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. This is because it puts you on notice of the penalties which is factor #9, below. Employees should be aware that managers sometimes use a Douglas Factors Checklist that helps then analyze and consider each factor. EachDouglas Factor can work for or against an employee depending on their specific case. The Douglas factors originate from the case of Douglas v. VA, 5 MSPR 280, 5 MSPB 313 (1981). If the person signed for receipt of the letter include that information. How do you handle these aggravating factors? Factor 7: Consistency of the penalty with any applicable agency table of penalties. removal). Sample: Specification #1. In some instances this may mean pointing out points of analysis or facts to management if they are unaware. Federal agencies may take disciplinary action against employees who engage in misconduct. 280 (1981) These factors are used to explain why the penalty was chosen. The Douglas Factors get their name from a 1981 MSPB decision holding that the MSPB would review an agency's penalty selection by applying factors that since have become known by the last name of the appellant, whose removal was upheld after the factors were applied. A final decision will not be made in this matter until your written and/or oral replies have been received and considered, or, if no reply is received, until after the time specified for the replies has passed. For example, if an employee has no past disciplinary record, factor #3 doesnt hurt the employee, and can actually become a mitigating factor. Consistency of the penalty with any applicable agency table of penalties; 8. The Table provides for more serious penalties for . PDF Table 1-1: Table of Penalties for Various Offenses - United States Army Managers must apply penalties that are similar to those imposed in like cases. In some instances the money they saved you may be less than their fee for taking your casea great result for you the employee. Table Of Penalties Douglas Factors ALL RIGHTS RESERVED. A deciding official must consider specific factors in determining the reasonableness of the penalty. Factor 4: The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability. While each case is different, seeking alternatives may be useful. The Douglas factors come from a seminal employment case titled,Douglas v. VeteransAdministration, 5 MSPR 280 (1981). As a general rule, the more negative publicity caused by an offense, the harsher the discipline. Explanation, if relevant: (6) Consistency of the penalty with those imposed upon other employees for the same or similar offenses. Table 1-1: Table of Penalties for Various Offenses The following Table of Penalties is found in Army Regulations Online: AR 690-700, Chapter 751. 527, 8 (2003); Zayer v. Department of Veterans Affairs, 90 M.S.P.R. 1985). How does action taken promote the efficiency of the service? 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. Bk|8AAoq':#@-zSs)@yFAaH=p.GNXQKAr{D$Xjuk.ku u4RunO|zSp :*NPS0EI]9w]qk.9r>?^|xPG/~A}zI}Nw/o~SBE4*8VT?icyyrl9/srOW#L9}%N%NN}L;=+xoiE94f}9qnF~{15 PxBOGy:#/ endstream endobj startxref Reprimand Removal 14 days Removal Removal Alcohol and Drug Related 23. 2015). The rules for determining the penalty, and the ability of MSPB to review that penalty, depend on the statute being used by the agency to authorize the adverse action. Which is why Federal Employee Professional Liability Insurance is critical. 4 0 obj The more notice you have of the prohibition on certain conduct the strongerargument management has for issuing discipline if you engage in that misconduct. This Douglas factor is important and we use this argument in our representation of federal employees. Those in positions of higher levels of trust and authority, such as supervisors, are held to a greater level of accountability than those in non-supervisory positions. If you are a federal employee facing discipline, asyou read this articleyou should be thinking about the which of the twelve Douglas Factors are in your favor, and how you can present evidence to support your position on those factors. PDF NASA Desk Guide for Table of Disciplinary Offenses and Penalties The first Douglas Factor examines how the level of misconduct relates to an employees particular duties, as well as if the offense was committed intentionally. The Douglas factors are also referred to as mitigating factors. A supervisor cannot just say it; he/she has to prove it. Managers must also consider the scope of the misconduct in the context of an employees position and job duties. Explanation, if relevant: (8) The notoriety of the offense or its impact upon the reputation of the agency. We generally find that it is important to actually make sure that a proposed disciplinary action or a sustained final penalty has been listed appropriately under the agencys table of penalties. 51, 8 (2001). Leverage the Douglas Factors properly at your Oral Reply, and you may avoid a costly MSPB Case Later. It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. Douglas Factor Analysis. Cir. A knowledge of the Douglas Factors is helpful for both federal employees and managers. Managers should contact the OIG or law enforcement where criminal conduct is suspected or alleged. The Douglas Factors include: 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. the adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. Important things to consider for this factor are how long you have been employed by the federal government generally, and your agency specifically (if you were previously in the armed forces or worked for another civilian agency). Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining . An employee with many years of exemplary service and numerous commendations may deserve to have his/her penalty mitigated. See, e.g., Semans v. Department of the Interior, 62 M.S.P.R. Explanation, if relevant: (12) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.Relevant? It is important to support this Douglas factor with significant documentary evidence (e.g., copies of performance records, letters of commendation, positive letters about performance by supervisors or members of the public, cash or performance awards, declarations or affidavits of supervisors). Document, document, document provide credible evidence, let it speak for itself, Handling bad facts, applying them to Douglas Factors. The Federal Starr is a publication by Starr Wright USA. Nor can it be doubted that the federal courts have regarded that authority as properly within the Commissions power. Douglas v. Veterans Administration, 5 M.S.P.R. MSPB decision. % Your absence delayed the submission of (Specify) report which was due on the date you failed to report to work. If not, include delivery confirmation by the postal or delivery service. We have argued, in cases for federal employees, that a different penalty (i.e., other than the one proposed by an agency) is more than adequate in a certain case and still serve the same disciplinary purpose as a more steep penalty. By William N. Rudman . WA In contrast, an employee with multiple priorcases of discipline is likely to face a much greater amount of discipline owing to that factor alone. Explanation, if relevant: 9.Employee Assistance Program Paragraph: All Federal Agencies have EAP programs. Cir. accruing multiple instances of discipline can lead you on the fast track to removal from federal service. The twelve factors, as determined by the Merit Systems Protection Board, that must be considered in any federal employees discipline case are: Now, lets take a closer look at each factor individually. Private sector cases are drastically different. Factor: Nature and seriousness 9. See Douglas v. Veterans Administration, 5 M.S.P.R. Your signature does not indicate agreement with this action; it only represents receipt of this notice on the date signed. * Douglas v. Veterans Administration, 5 M.S.P.R. It is more often used to attempt to aggravate a disciplinary penalty. 3 0 obj The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in .

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