Douglas factors table of penalties. If not, the Douglas .

Douglas factors table of penalties In determining a penalty in an adverse action, an agency should consider a number of factors. The Merit Systems Protection Board in its landmark decision, Douglas vs. The 12 Douglas factors are listed below with additional information to assist supervisors in applying them. When you get to Douglas Factor 7, you say this, “The charge consistency of the penalty with any applicable agency table of penalties; The Douglas factors were designed in the context of removal. COMDTINST M12750. Stay of imposition of penalties other than removal 8-10. Generally, this Douglas factor one tends to be used more by a By William Wiley and Deborah J. All factors may not be applicable. When a supervisor disciplines an employee, the discipline must conform to the requirements of the Douglas Factors. The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. RD Instruction 2045-GG . Thus, a table of penalties simply becomes another trip wire in an already heavily booby trapped jungle. GENERAL PROVISIONS . Notoriety of the offense or impact on reputation of agency. , intermittently). About 75 percent of agencies use these tables, which detail the range of Note: This Douglas Factors Analysis Worksheet must be completed and presented to the employee at the initial presentation of the Proposed Action Letter. From:: 4. The Table provides for more serious penalties for 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 (1) Last chance agreements and agreements to hold the penalty in abeyance, provided no additional misconduct occurs within a specified period of time. Agencies often have guidelines for penalties that must be adhered to. Veterans Administration, 5 MSPR 280 (1981). Merit Systems Protection Board) 280 (1981)) and TABLE OF CONTENTS . Find key points, case law, and references from Broida's treatise on MSPB law. In some cases, the mitigating or aggravating factors may be strong enough to warrant using the “Mitigated Penalty Range” or “Aggravated Penalty Range” column. For now this article will serve as a general guide to the agency's perspective of the douglas factors, this should not be used to make a case argument until it has been augmented for union use. 7503(a) and 7513(a) . 751. Generally, one of the most important areas The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. and deciding officials with assistance in conducting an analysis of the Douglas Factors for each employee charged with misconduct. * Douglas v. This Douglas factor can be extremely helpful for purposes of mitigation where a federal employee has continued to work successfully in their normal position (i. 8 Notoriety of the offense; 1. The 12 factors are basically the following: 1. The factors include the nature and seriousness This document outlines the nature, penalty and remarks for various offenses that may result in disciplinary action for federal employees. Nepal's history, as documented in Dalit: A Quest for Dignity, shows how entwined Hinduism and caste are. 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 Table is a guide, not controlling policy. ( a ) Except for actions taken against supervisors covered under subchapter V of title 5, an agency may take an action under this subpart for such cause as will promote the efficiency of the service as described in 5 U. Clarity with which employee was Human Resource Policy Manual (HRPM) ER-4. Use the Douglas factors (Douglas v. Factor: Notoriety and impact 3. The USDA Table of Penalties guide is a valuable source in securing equitable treatment of employees In instances where an OPDIV Table of Penalties and the Department Disciplinary Guide differ, the stricter penalty will apply. From our experience in defending federal employees in disciplinary and adverse actions, one of the most critical issues involves the use of the Douglas factors in attempting to mitigate (reduce) a proposed disciplinary penalty in a case. Employees covered by a collective bargaining agreement may be subject to additional procedures which may supersede/supplement those described in this Instruction. 1998) (Table). , www. The guidelines examine if the proposed penalty aligns with established disciplinary procedures. All of these appellants were contending that, even if guilty of breaking agency or Tables of Penalties are guidelines that work in conjunction with the criteria supervisors use to determine appropriate penalties for misconduct, called the Douglas Factors. Not all of these factors will be pertinent in every case. GL -- Glossary . All seven employees appealed their penalties on the grounds that they were excessive. Progressive Discipline In accordance with existing law, progressive discipline is not required. I did a Google search for Table of Penalties and, using the first one that appeared (the agency name is withheld to protect the innocent), I noticed a couple of things of interest. General Policy 1-1 Table of Offenses and Penalties Guideline . The cases of seven fired employees (from VA, Air Force, Army, and Navy) were joined into that single full-Board decision. When you get to Douglas Factor 7, you say this, “The charge For example, tables of penalties provide a list of the infractions committed most frequently by agency employees, along with a suggested range of penalties for each to ensure consistent treatment for similar offenses. Among those factors that specifically recognize the import of the fourth merit system principle are: (1) the Attention! Your ePaper is waiting for publication! By publishing your document, the content will be optimally indexed by Google via AI and sorted into the right category for over 500 million ePaper readers on YUMPU. For over two decades I have taught supervisors, managers An agency's table of offenses and penalties defines the actions that violate the standards of conduct and hinder the performance of its mission. The Merit Systems Protection Board (MSPB) recently overruled its own early 2010s precedents on the Douglas factor disparate penalty analysis and held in Singh v. Consistency of the penalty with agency's table of penalties. ¶4 The agency contends on PFR that the deciding official considered all the relevant factors under Douglas v. Consideration of each factor below must be given when selecting the proposed penalty from TPR 752, Appendix D, Table D-1. 5 Who the deciding official will be, how to contact him/her, the deadline to submit a written reply, and the deadline to make an appointment for any oral reply. R. 9. 280 (1981), established nonexclusive criteria that supervisors must consider in determining an appropriate penalty to impose for an act of employee misconduct. Pursuant to the court's order, we must also consider whether an alternative penalty would meet the The first Douglas factor also looks at whether an allegation is part of a pattern of similar conduct (i. (7) Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact on the agency’s reputation; (9) The clarity with which the employee was on notice of any rules violated in committing the offense or had been warned about the conduct in question;. Reprimand Removal 14 days Removal Removal Alcohol and Drug Related the relevant factors, in its decision letter, testimony, and other submissions can have a significant impact on the board's ruling. The Douglas factors are: (1) the nature and seriousness of the offense, (2) the employee's position, (3) the employee's prior disciplinary history, (4) the employee's length of service and prior work record, (5) the effect of The Douglas Factor Defense for Federal Employees. Learn how the Merit Systems Protection Board reviews the reasonableness of penalties imposed by federal agencies using the Douglas factors. , not This table of penalties lists the more common types of employee misconduct, as well as some which are, for the most part, of particular concern to the Foreign Service. Consistency of the penalty with any applicable agency table of penalties. b. Sample Original Decision Letter F. The original document can be found here. § 752. Table of Penalties for Various Offenses E. These terms are used interchangeably to refer to the corrective action determined to be appropriate after consideration of the facts of the case, the employee’s response, and relevant "Douglas Factors" contained in Appendix A. In a recent MSPB case law update (the next one is October 20, if you’re interested), we discussed the Douglas factors and the new comparator analysis the Board laid out in Singh v. 7 Consistency of the penalty with agency’s table of penalties and offenses; 1. 8. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation managing federal employees’ performance issues or misconduct 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. References B. A removal; suspension for more than 14 8-9. ” In applying this Step 2: Proposing official will sign a written notice of proposed action that includes: Notice of the law or regulation under which the action is being taken. Douglas v. Berry, Esq. Fail to evaluate the 12 factors the way that MSPB thinks they should be evaluated, and the Board will lower (mitigate) your removal to something In fact, consistency of a punishment with past punishments for similar offenses and consistency with an agency’s table of penalties are wholly distinct considerations according to the Douglas Factors. Sample Letter of Representation H. If not, the Douglas Factor 7: “Consistency of the penalty with any applicable agency table of penalties” Many federal agencies maintain tables of penalties that detail discipline options for common offenses. Manpower and Personnel Directorate (NGB-J1). 557, 562, aff’d, 168 F. Tables of Penalties – one of HR’s weirder directives. Nepalese caste system broadly borrows the classical Chaturvarnashram model consisting of four broad social classes or varna: Brahmin, Kshatriya, Vaishya and Sudra. 2 Tables of Penalties also do not apply to contractors, and each agency has discretion as to which employees the Table will apply The Douglas Factors should be considered in selecting a penalty. 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). Factor 1 Douglas Factors (cont’d) 7. 280 (1981). Hopkins, August 22, 2022. The notoriety of the offense or its impact upon the reputation of the agency; Only those Douglas Factors relevant to each case need be considered. Standard for Action and Penalty Determination. USPS, 2022 MSPB 15 (May 31, 2022). Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining Consistency of the penalty with any applicable agency table of penalties; (8) The notoriety of the offense or its impact upon the reputation Douglas Factor Considerations . This Quick Start Guide covers the following Key Points: 1. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. Nature and The Douglas Factors: The twelve most important factors for a federal employee's discipline case at the Merit Systems Protection Board (MSPB). If an employer is penalizing far beyond organizational standards, they may be guilty of going beyond the Douglas Factors as well. The notoriety of the offense or its impact upon the reputation of the Agency; 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. These twelve factors are commonly referred to as “Douglas Factors: (1) DOUGLAS FACTORS WORKSHEET. 5. Consider the nature and seriousness of the offense , its Douglas Factors are not required in every instance of a disciplinary or adverse action. TABLE OF PENALTIES FOR TITLE 5, HYBRID TITLE 38, AND TITLE 38 EMPLOYEES NOTE: NOTE: Penalty depends on such factors as provocation, extent of any injuries, and whether actions were defensive or offensive in nature. When a Federal Agency decides to discipline an employee based on the employee's conduct, the Douglas Factors must be considered when the Agency When determining what adverse action to take or what penalty to impose on an employee, these Douglas factors must be taken into consideration. If the agency fails to make these considerations or is otherwise unable to prove they made such considerations, upon appeal, these failures by the agency will be considered by an The Purpose of the Douglas Factors The Douglas factors were established by the MSPB in the 1981 case of Douglas v. Both Parts II and III offer extensive discussion on providing clear notice, distinguishing V. berrylegal. A-1 Enclosure A . By William N. VA, 5 An analysis by management of the Douglas Factors is required. UNCLASSIFIED UNCLASSIFIED Legal / Regulatory Framework •5 U. 4 Clear charge(s) and specification(s). The factors most commonly used in selecting the penalty are listed in paragraphs (1) through (12) below. ENCLOSURE A RESPONSIBILITIES 1. Consistency of the penalty with any table of penalties an agency may have K -- Table of Penalties for Various Offenses . Veterans Administration, 5 M. 1. The Douglas Factors were established by the federal Merit Systems Protection Board in its landmark decision Guidance on the Use of Progressive Discipline and Tables of Penalties. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining an appropriate Agency’s table of penalties recognizes this severity in establishing ranges of penalties for D – Douglas Factors . E – Table of Disciplinary Penalties of . For a complete discussion of the Douglas Factors, refer to the IRS Guide to Penalty Determinations pages three through five at Exhibit 6. See examples of how the Learn how to balance the 12 Douglas factors when deciding on a penalty for an employee's misconduct. These factors are the following: 1. Appellant, an employee at the United States Postal Service, was removed from his position as The Douglas Factors: Disciplining employees is a fact of life. Veterans Administration. com . The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been Loss of supervisory confidence as a Douglas factor is typically used by Federal agencies in serious disciplinary / adverse actions to issue a more serious disciplinary penalty. Veterans Administration , 5 M. It is the agency’s responsibility to determine which factors apply. Sample Proposed Action Letter D. First, 53 offenses are listed. The penalty for an instance of misconduct should depend on an application of the Douglas factors (Douglas v. 2 Tables of Penalties also do not apply to contractors, and each agency has discretion as to which employees the Table will apply. Completes the Douglas Factors Analysis (See Appendix A to Enclosure F, Figure 7) and explains the Douglas Factors) that should be considered when determining the appropriate level of disciplinary action to impose: Consistency of the penalty with any applicable agency table of penalties; 8. Drug or alcohol use Appendices A. oOo (07-13-05) PN 387 . In such cases, the Douglas Factors must be considered in determining the appropriateness of the discipline and the penalty. c. for departing from it must be rational, well-reasoned, and explained because disparate treatment Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. DPM Chapter 751 - Discipline . Part II details how to select and draft charges and how to avoid charging errors, including tips on how to use easy-to-prove charges. 24th December, Karnali. So you simply draft the proposal letter like this: “Charge 1 – Lack of Candor” without any reference to the agency’s Table of Penalties. 4A . The Douglas factors are used to either mitigate (reduce) or aggravate Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. provisions of this Order and consider the Table of Offenses and Penalties for all actions. CNGBI 1400. Appendix II Douglas Factors –12 Criteria Developed by Douglas Factors In Depth The Merit Systems Protection Board in its landmark decision, Douglas vs. 1 They do not specify mandatory discipline. •Explain and apply the Douglas Factors and the applicable agency Table of Penalties •Discuss the grievance and appeal processes for performance and conduct based actions 2. These factors are known as the Douglas Factors and refers to criteria that supervisors must consider in determining an appropriate penalty to impose for an act of employee misconduct. Probationary Period Introductory period of employment that allows the employee and agency to determine if the employee is suited for In reviewing the penalty, the Board will consider relevant Douglas factors, including: Whether the appellant was on notice that his conduct was unacceptable; The appellant’s length of service and performance history; Consistency of the penalty with those imposed upon other employees; Mitigating circumstances such as unusual job Most members of FELTG Nation know that the Douglas Factors are the 12 employee-specific situational factors that agencies use to determine and defend a penalty selection in a misconduct removal appeal. Keep in mind that the agency has the burden of proving the reasonableness of its actions. 4. 9 Notice to employee; 1. SUBCHAPTER 752 Disciplinary Actions References: (a) Title 5, United The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. Penalties must be reasonable and The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. 1 Standards of Conduct Effective 06/05/2017 Page 4 of 17 (2) Issues periodic notices (electronically or by hard copy) to managers regarding their responsibilities to remind employees about the standards of conduct and their responsibilities A prior cause of action for which a disciplinary penalty has been imposed and which is still a matter of record. 280 (1981), sets out a list of factors that, when applicable to the particular case, should be considered by the agency in assessing the penalty. The Douglas factors 8. 25, Vol. Appealable action. In the case of Douglas Factors * in deciding disciplinary punishment of federal employees 1. 280 (1981), established nonexclusive criteria that supervisors Consistency of the penalty with any applicable agency table of penalties; 8. 6 Federal employees are expected to conduct themselves appropriately both on and off the job. The Douglas factors are established by the MSPB case, Douglas vs. The Douglas Factor Defense for Government Employees. Also consider Douglas Factors found at Appendix B for all adverse actions, and consult with their SHRO/SSC when initiating corrective actions; (4) Ensure all disciplinary and adverse actions are coordinated with their SHRO/SSC and legal office as appropriate. Veterans Administration, 5 MSPR 280, 5 MSPB 313 (1981). Penalty Selection Factors. 1-1. After reviewing all the evidence and using the Tables of Offenses and Penalties, the supervisor will recommend the appropriate penalty in consultation with servicing the MELR Advisor. Applicability 1 (The “Douglas Factors”) Acronyms 41 December 2003 . Factor: Employee's Douglas Factors. The table of offenses also defines the range of discipline that the agency may impose when an employee commits misconduct. ”. These twelve factors are commonly referred to as “Douglas Factors: (1) The Douglas Factors are a series of 12 factors that federal agencies must consider when determining the nature and severity of a penalty for a disciplinary or conduct-related action. Consistency of the penalty with any applicable agency table of penalties; table of penalties douglas factorsdr wong surrey. In that case, seven federal employees had been terminated by their respective agencies for misconduct under Chapter 75. Consistency with agency's Table of Penalties. P. The Douglas factors were established as a result of the case of Curtis Douglas v. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining an appropriate penalty to impose for an act of employee misconduct. 10 Potential for rehabilitation; %PDF-1. Created Date: Supervisors must consider the Douglas factors when determining a reasonable penalty for misconduct by an employee. at 10-11. Before imposing a penalty, the Deciding Official should always consider the USDA Table of Penalties as a guide for determining an appropriate penalty since this is a requirement under the Douglas Factors identified above. Then, use the rest of the Douglas Factors to justify and defend whatever penalty you select. F – National Office Delegations Chart . ; Federal Government Closure on Thursday, January 9, 2025. The notoriety of the offense or its impact upon the reputation of the agency. The “Douglas Factors” G. Definitions 1 4. At Berry & Berry, PLLC, our attorneys represent federal employees in various types of federal agency disciplinary and adverse actions. Some offenses have been included mainly as a reminder that the particular behavior is to be avoided, and, in the case of certain types of offenses, like sexual assault, workplace The Douglas Factors . 102 Standard for action and penalty determination. than the maximum penalty shown in the Table. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining an appropriate Agency’s table of penalties recognizes this severity in establishing ranges of penalties for This Douglas factor is presumptuous and could easily be dropped, leaving us with 11 relevant Douglas factors. (2) Flexibility in the timeline of when a suspension is served (e. It is a guide to discipline, not a rigid standard. C. Part III covers the Douglas factors, penalty deference, how to make a penalty showing, and how to avoid penalty missteps. In some cases, a federal employee's conduct can lead to disciplinary actions being taken against them, or even termination. This dramatic change in precedent inevitably led to questions, which we This article is written from the perspective of the agency and is undergoing constant revision to offer insight from the union's perspective. Patterson v. Being subject to disciplinary action as a Adverse Actions; Enforced Leave; and Grievances. TABLE OF CONTENTS Sections Pages 1. [Not applicable to Postal Service. It covers attendance, information, substance abuse, This document explains the efficiency of the service standard and the Douglas factors for selecting penalties for employee misconduct. In the concept of discipline, a primary objective is consistency in actions, that is, essentially similar levels of discipline should be Such factors can determine whether a penalty should be at the upper or lower end of the guideline range provided in the “Recommended Penalty Range" column. g. Code Title 5 Part III Chapter 75. e. Rudman One of the Douglas Factors directs managers to consult “any applicable agency table of penalties” to determine the consistency of a penalty. In addition, actions The consistency of the penalty with any applicable agency table of penalties; 8. The safest way to handle the Douglas Factor analysis is to complete a Douglas Factor Worksheet, attach that worksheet to the proposal notice, and then in the body of the proposal notice, include a sentence that says this: “In selecting a penalty, I relied on the assessment of the relevant penalty selection factors as described in the attached maximum penalty or the outermost boundary of the range of reasonable penalties. In Brown, the MSPB stated that the correct standard to be applied in lieu of Douglas factors is whether the penalty of removal exceeded “the tolerable limits of reasonableness. Purpose 1 2. The notoriety of the offense or its impact upon the reputation of the agency; The Douglas Factors are usually applicable in cases involving unacceptable conduct (rather than performance) issues under U. Not all 12 Douglas factors will apply in every case MSPB examines an organization’s application of its table of penalties to determine if a penalty was reasonable. Ch. [The table is only a guide; and reasons. Policy 1 3. Not only is the wrong agency official doing the Douglas analysis, but there are 11 other Douglas factors that may be relevant to a manager’s penalty determination Managers who act as proposing or deciding official will be the ones who have to defend their Douglas analysis at deposition or during a grievance or a hearing, and not the HR. CHAPTER 1 GENERAL PROVISIONS 1-1 . The Consistency of the Penalty with Any Applicable Agency Tables of Penalties. Govexec. G - State Office Delegations Chart . S. The notoriety of the offense or its impact upon the reputation of the Agency; 9 other Douglas factors: the consistency of the penalty with those imposed upon other employees for the same or similar offenses; and the consistency of the penalty with any applicable agency table of penalties. ] 8. PART 2045 – GENERAL PROVISIONS . One of the Board’s seminal cases, Douglas v. CHAPTER 1. Penalty depends on 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 Footnotes. Sample Last Chance Agreement The consistency of the penalty with any applicable Agency table of penalties; h. ; see Chatman, slip op. Id. If the offense was that severe, the offender could face a large penalty. a repeat offense) and whether the misconduct at issue was intentional. USPS, “the relevant inquiry is whether an agency knowingly and unjustifiably treated employees differently. Printer-friendly version; Recent Transmittals. 7 %µµµµ 1 0 obj >/Metadata 2637 0 R/ViewerPreferences 2638 0 R>> endobj 2 0 obj > endobj 3 0 obj >/ExtGState >/XObject >/ProcSet[/PDF/Text/ImageB/ImageC Table of Penalties Before imposing a penalty, the Deciding Official should always consider the USDA Table of Penalties as a guide for determining an appropriate penalty since this is a requirement under the Douglas Factors identified above. Appropriate penalty or reasonable remedy. A. The nature and seriousness of the offense, and its relationship to the employee's Consistency of the penalty with any applicable agency table of penalties; 8. com In our legal practice we defend federal employees in disciplinary and adverse actions. For example, sleeping on duty is a The Table is a guide, not controlling policy. Department of the Air Force, 77 M. posted June 9, 2003. Cir. Factor: Nature and seriousness 9. Sample Letter of Reprimand C. Factor: Consistency with table of penalties 2. Letters proposing and effecting The Douglas Factors The Merit Systems Protection Board in its landmark decision, Douglas vs. The notoriety of the offense or its impact upon the reputation of the agency; Tables of Penalties are guidelines that work in conjunction with the criteria supervisors use to determine appropriate penalties for misconduct, called the Douglas Factors. It advises agencies not to use progressive Learn how to apply the twelve criteria established by the Merit Systems Protection Board in determining appropriate penalties for employee misconduct. Among the many considerations are the “Douglas Factors” in certain situations. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining The agency’s table of penalties provides some distinction regarding the severity of the misconduct. The following relevant factors must be considered in determining the severity of the 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 By John V. Veterans Administration, 5 MSPB (U. 3d 1322 (Fed. The MSPB has established 12 factors that agencies must balance when deciding on a penalty: Consistency of the penalty with any applicable agency table of penalties; A Table of Penalties, as stated previously, contains a suggested range of penalties. 752 08 November 2021 . This depends largely on whether, and to what extent, the “Douglas” factors come into play or how egregious the act was. pdf. i . L -- References . While iy typically is required, there are exceptions. The nature and seriousness of the offense, and its relation to the employee’s duties, position and Agencies must weigh and apply these factors when determining an appropriate remedy or penalty for a conduct-related action. National Day of Mourning for President James Earl Carter, Jr.