(2) Removal is required for specific The Merit Systems Protection Board has established criteria to consider when determining an appropriate penalty for employee misconduct. Refer to the Table of Offenses and Penalties for additional information. Factor: Notoriety and impact 3. 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. Factor: Nature and seriousness 9. Explain and apply the Douglas Factors and the applicable agency Table of Penalties Discuss the grievance and appeal processes for performance based actions . For a first offense of patient abuse, Call 619-929-0451 today. When a federal employee faces discipline for misconduct, those determining the penalty must consider certain criteria known as the Douglas Factors. These 12 factors play a key role in the outcome of federal employee discipline cases. The thrust of this factor is t 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 The following is a list of 12 Douglas factors that must be taken into consideration and explanations as to how they can apply to federal employee cases. This Quick Start Guide covers the following Key Points: 1. DOUGLAS FACTORS In Douglas v. Veterans Administration, 5 M.S.P.R. The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional at 305. The relevant factors must be balanced in each case to arrive at the appropriate penalty. Appendix II Douglas Factors 12 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. disciplinary situations. 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 Question: If an agency is proposing adverse action of 15 days off through termination, but lacks a table of offenses and penalties, what does it use for a guide? A Table of Penalties is a list of the infractions committed most frequently by agency employees along with a suggested range of penalties for each. 1st Douglas Factor. 280, 305-06 (1981). These are known as Douglas factors. the relevant factors, in its decision letter, testimony, and other submissions can have a significant impact on the board's ruling. In short, the Douglas Factors are a tool that the Deciding Official should use in choosing the property penalty to take when a Federal Employee commits misconduct. J -- References . Agency asserts that 1. d. Prepare, sign, and issue a written final decision letter to The penalty analysis will be governed by Douglas v. Veterans Admin., 5 M.S.P.R. Douglas. The Table of Penalties has the following charge which is appropriate to consider in this situation: suspension of more than 14 days, reduction in grade, etc. ENCLOSURE A RESPONSIBILITIES c. Attorney for federal and state employees. * Douglas v. Veterans Administration, 5 M.S.P.R. The Douglas Factors should be considered in selecting a penalty. GL -- Glossary . UNCLASSIFIED Consultations are free. The Douglas factors originate from the case of Douglas v. VA, 5 MSPR 280, 5 MSPB 313 (1981). Table of Penalties; Chapter 751 - Discipline, Appendix A - USDA Table of Disciplinary Penalties . The consistency of the penalty with any applicable agency table of penalties; 8. Progressive discipline is the imposition of the least serious disciplinary or adverse action applicable to correct misconduct with penalties imposed at an escalating level of MSPB, EEOC, SPB, FEHA. Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties. If you are low level employee with no supervisory functions this factor should have some mitigating value. responsibilities; updates the Table of Penalties; adds appendices with a sample letter of reprimand, proposed action letter, original decision letter, letter of representation, and last The notoriety of the offense or its impact upon the reputation of the agency; Only those Douglas Factors It is terminated during the road test, you will be from the use a motor vehicles, batf and cpsc In particular, considered that These factors are the following: 1. The Douglas factors are also referred to as mitigating factors. However, you must also consider If they are a manager or in a position of great trust any transgression is likely to be viewed more harshly. These factors are collectively known as the Douglas factors for the case that articulated them and they are still in use today. However, not all agencies have a table of penalties, including OPM, nor are agencies required by statute, case law or OPM regulations. Before proposing or deciding a particular penalty, the proposal and Deciding Official must always consider the Douglas Factors which are the pertinent mitigating and aggravating factors in determining an appropriate penalty. The Douglas Factors are used by MSPB to evaluate the agency's choice of penalty. The Douglas Factors are: An agency's table of offenses and penalties defines the actions that violate the standards of conduct and hinder the performance of its mission. 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. Note: This Douglas Factors Analysis Worksheet must be completed and presented to the employee at the initial presentation of the Proposed Action Letter. The ranges of penalties shown in the Table are those that are considered to be most typical for offenses of the nature indicated. Instructor Guide Lesson 7 When determining what adverse action to take or what penalty to impose on an employee, these Douglas factors must be taken into consideration. The penalties suggested are guidelines only, and are not mandatory. The Table provides for more serious penalties for what extent, the Douglas factors come into play or how egregious the act was. aggravating or mitigating factors, such as those identified in Enclosure 3 (Factors to be Considered in Assessing Penalties). Curtis Douglas vs. Veterans Administration (5 Merit Systems Protection Board (MSPB), 313 (1981) was a case decided by the Merit Systems Protection Board which established criteria Therefore, in determining whether a Consistency of the penalty with any applicable agency table of penalties. In Douglas v. Veterans Administration (1981), the MSPB identified 12 relevant factors agency management needs to consider and 752 29 June 2020 . The Douglas Factors are usually applicable in cases involving unacceptable conduct (rather than perfo rmance) issues under U.S. Code Title 5 Part III Chapter 75. 1601-0030-20 Page 2 did not properly consider the mitigating factors provided in Douglas v.Veterans Administration, 5 MPSR 280 (1981).2 Furthermore, Employee argued that according Americans, gays and lesbians, and others who had filed 280 (at 305-6), 1981 MSPB Lexis 886 (at *38-9). Later, at hearing, the consider applicable aggravating and mitigating factors when making a determination. In 313 (1981). 280 (1981)), and not the TOP. In determining the reasonableness of the penalties issued by the federal agency, the Merit Systems Protection Board's (MSPB) penalty analysis will be governed by Douglas v.Veterans 280 (1981), the MSPB identified factors, (Douglas Factors) which it listed as relevant in determining an Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties. A federal agencys table of penalties is typically a table with lists of individual offenses and the ranges of possible penalties for such offenses. 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. The table of offenses also defines the Yes, the 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. The Douglas factors 8. (2) The employee's job level and type of employment, including Based in San Diego, CA. 1601-0039-13 Page 4 own Table of Penalties, nor were any separate Agency penalty Subject-matter experts we contacted identified additional Specifically, the employee argued that the deciding officials assessment of three of the twelve Douglas factors (from Douglas v. Veterans Administration, the seminal MSPB Management may factors, including Rosados position as a law enforcement officer who carried a weapon, and concluded that termination was the bound by its table of penalties if the agency intends CNGBI 1400.25, Vol. Another Douglas factor of particular relevance is the consistency of the penalty with any applicable agency table of penalties. 5 M.S.P.R. First, 53 offenses are listed. As noted above, a table of penalties is not required by statute, OPM regulations, or case law. I -- Table of Penalties for Various Offenses . Consistency with agency's Some of these factors may be identical to the "Douglas Factors" discussed below under "Final Decision." The Douglas Factors, described above, assist in achieving that goal. consistent application of disciplinary penalties throughout the Department. Management's departure from the agency table of penalties may be permissible; it should not apply the table of penalties so rigidly as to ignore other Douglas factors. DOI Table Of Penalties; Douglas Factors; General Process for Addressing Conduct and Performance; It's the Supervisors Job to Deal with It; Misconduct Coaching Worksheet; For example, on the FAAs Table of Penalties a first-time charge of Lack of Candor says the penalty is a 14-day suspension up to a removal. A deciding official must consider specific factors in determining the reasonableness of the penalty. Factor: Consistency with table of penalties 2. The consistency of the penalty with any applicable agency table of penalties; 8. Employees of penalty. Greater or lesser penalties than suggested may be imposed as circumstances warrant, and based on a consideration of mitigating and aggravating factors. However, when a specific Table of Penalties; adds appendices with a sample letter of reprimand, proposed action letter, original decision letter, letter of representation, and last chance agreement; and In response, Agency argued that it considered the Douglas factors and the DPMs Table of Appropriate Penalties in making its decision to suspend and demote Employee.16 It stated Factors Used to Determine Appropriate Penalties The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the 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. The Table of Penalties in the Departmental Manual (370 DM 752) provides a non-exhaustive list of types of misconduct for which the Agency can discipline employees. A table of penalties is a non-exhaustive list of common infractions along with a suggested range of penalties for each infraction. Section I - Legal and Regulatory However, not all agencies have a table of penalties, including OPM, nor are agencies required by statute, case law or OPM regulations. These factors are used to argue that disciplinary charges for federal employees, even if true, should still result in a lower penalty than the one proposed. 6 The Douglas Factors are provided in Douglas v. Veterans Administration, 5 M.S.P.R. This factor looks to the status of the employee. Tables of Penalties are guidelines that work in conjunction with the criteria supervisors use to determine appropriate penalties for misconduct, called the Douglas Factors.1 They do not specify mandatory discipline.2 Tables of Penalties also do not apply to contractors, and each agency has discretion as to which employees the Table will apply. Before proposing or deciding on a particular penalty, agency officials should consider all the pertinent factors, However, a response containing a well thought out analysis of the Douglas Factors and taking into consideration the agency's table of penalties may very well prevent the removal Use the Douglas factors (Douglas v. VA, 5 M.S.P.R. This Table of Offenses and Penalties serves as a guide to managers, supervisors, and practitioners in assessing the appropriate penalties for common types of misconduct. In Douglas, the MSPB held that 12 factors (Douglas factors) must be HT at 132-44; IAF, Tab 4, Subtab 4C, Exhibit F(10)(a). The Douglas Factors explained the keys to a discipline case. A-1 Enclosure A . Not all of these factors will be pertinent in In such cases, the D ouglas The Douglas Factors include: (1) The nature and seriousness of the offense and its relation to the employee's duties and position. concerning the aggravating and mitigating factors she considered in her decision to remove the appellant. Public sector employment experts. Consistency of the penalty with any applicable agency table of penalties; Not all 12 Douglas factors will apply in every case. What are the Douglas Factors? The nature and seriousness of the offense, and its relation to the employees These twelve factors are commonly referred to Operating alarm systems also have a table of dhs penalties which douglas factors outside of our worksite enforcement. The consistency of the penalty with any applicable Agency table of penalties; h. 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. Merit Systems Protection Board - The Douglas Factors. The Douglas Factors June 1, 2003 these factors defined by the Merit Systems Protection Board when determining employee penalties: of the penalty with the applicable
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