Federal Bureau of Investigation Penalty Guidelines

Error message

  • Deprecated function: Return type of DBObject::current() should either be compatible with Iterator::current(): mixed, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice in require_once() (line 7 of /usr/home/documentafterliv/public_html/sites/all/modules/contrib/eck/eck.classes.inc).
  • Deprecated function: Return type of DBObject::next() should either be compatible with Iterator::next(): void, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice in require_once() (line 7 of /usr/home/documentafterliv/public_html/sites/all/modules/contrib/eck/eck.classes.inc).
  • Deprecated function: Return type of DBObject::key() should either be compatible with Iterator::key(): mixed, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice in require_once() (line 7 of /usr/home/documentafterliv/public_html/sites/all/modules/contrib/eck/eck.classes.inc).
  • Deprecated function: Return type of DBObject::valid() should either be compatible with Iterator::valid(): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice in require_once() (line 7 of /usr/home/documentafterliv/public_html/sites/all/modules/contrib/eck/eck.classes.inc).
  • Deprecated function: Return type of DBObject::rewind() should either be compatible with Iterator::rewind(): void, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice in require_once() (line 7 of /usr/home/documentafterliv/public_html/sites/all/modules/contrib/eck/eck.classes.inc).

This document consists of FBI penalty guidelines, which are used to assess the proper penalty for various types of FBI misconduct. It features the an explanation and purpose of penalties, and then provides detailed instructions on different penalties for various infractions.

Doc_type: 
Non-legal Memo
Doc_date: 
Thursday, September 16, 2004
Doc_rel_date: 
Monday, December 6, 2010
Doc_text: 

LI INFORIATION CONTAINED
1-IF I11
1801,LU7ZOIGd
DATE I2-07-2009 BY 65179 OMEN' 1s
FEDERAL BUREAU OF INVESTIGATION
PENALTY (yUIDELINES
t as
The Penalty Guidelines are used in assessing the appropriate penalties for common types of misconduct. While the Guidelines do not specifically name 2:
every possible offense, they do provide the general categories of misconductfor which employees may be disciplined, The absence of a specific regulation g
covering an act does not mean that such an act is condoned, permissible,: or would not result in disciplinary action. .These Guidelines supercede all o
previously published tables, listings, and applicable policies regarding disciplinary offenses. ' H
fA ' n
Purpose and Progressive Nature of Discipline: Disciplinary penalties.are imposed to Correct behavior and teach the employee and others that certain
actions are inappropriate for an employee of the FBI. Discipline also serves to enforce the expected high standards of conduCt for the Bureau. Although nk
specifically reflected in the Guidelines, discipline is usually progressive in nature and, therefore, subsequent misconduct is treated with increasing severity.
However, while the concept of progressive 'discipline is appropriate for most types of infractions, some offenses (such as theft or lack of candor) are so
egregious that a single instance is sufficient to warrant removal.
Factors Considered When Determining a Penalty: Many factors are considered in determining the penalty to impose, including the nature of the
misconduct and its consequences, as well as the position and record of the employee. Of particular importance are the mitigating and/or aggravating factors ;
in each case. Aggravating factors which apply to all offense categories include supervisory or high-grade status, prior disciplinary record, prior
warning/advisement not to commit the misconduct, media attention or public awareness, repetitive misconductin a single case, and failure to report.
Mitigating factors common to all categories include self rePorting,.efforts to remedy the wrongdoing, ackriowledgment of wrongdoing, limited employee
experience, and a long period of unblemished service. At times, a consideration that is mitigating in one case may be aggravating in another. For example,
limited employee experience may tend to ameliorate an employee's conduct in many instances, but may aggravate it in cases involving multiple instances of
misconduct during a short tenure. In some cases, the aggravating and mitigating factors will warrant selecting a penalty at the upper or lower range, or even
outside the range of penalties provided.
Other matters formally considered by.OPR prior to disciplinary action being imposed in serious cases of misconduct (those involving a likely penalty of
dismissal; demotion, or suspension of more than 14 days) are the "Douglas .Factors." Not all of these factors are pertinent in every case, Selection of an ri
appropriate penalty must thus involve a balancing of the relevant consideration's. The "Douglas Factors" are:
E71
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; fn
ti
3. the employee's past disciplinary record; 0
4. the employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability; , '
. Page fof
0
DOJOIG012047
5. the effect of the offense upon the employee% ability to perform at a satisf4tory level and its effect,upon supervisors' confidence in the employee's ability
to perforth 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;
0
8. the notoriety of the offense or its ithpact'upon the reputation of the agency;
9. the clarity with which the employee was on notice of any rules that wer9 violated in committing the offense, or had been warned about the conduct in )
question;
1—
. . i . m
11, mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, hitrassment or bad faith, ctsl.
malice.or provocation on the part of others involved in the matter; and ;"..
. / . .. ' ) N
0
12. the adequacy and effectiveness of alternative sanctions, to deter such conduct in the future by the employee or others. 53
Explanation of the Penalty Guidelines
Offenses: The Penalty Guidelines are (like the Offense Table) arranged into five separate categories of offenses, which are Investigative Misconduct;
Integrity/Ethical MiscOnduct; Property Related Misconduct; Illegal/Criminal Conduct; and General Misconduct. Within each category, the offenses are
listed in alphlabetical order,
Investigative Misconduct: Misconduct associated with the investigative process, to include misconductinvolving assets, informants, and Cooperating
Witnesses. Also inclides investigative deficiencies, including the improper handling Of documents and property; and misconduct duringjudicial
proceedings, "
Ethical/Integrity Misconduct: Includes falsification and lack of candor/lying: Also includes the misuse of position; failure to cooperate in, and obstruction
of, an.OPR inquiry; and the violation of ethics regulations and guidelines.
. ,
Property Related Misconduct: Offenses pertaining to the loss of government property, including thefts of property due to employee negligence in ri
co
safeguarding the property; the damage, destruction, or improper disposal of government prOperty; the misuse of government property, such as computers
and motor yehicles; and the misuse of government credit cards. Also encompasses unauthorized access to government property, to include databases:
.
• o
0

10. potential for the eritployee's rehabilitation;
rr
H
Page 2 of 16
DOJOIG012048
Illegal/Criminal Conduct: Offenses typically or frequently charged by law enforcement as violations of the criminal code (local, State, or Federal), to
include: assault, drug offenses, DWI, fraud/theft, indecent/lascivious acts; other felony and misdemeanor offenses; and the unauthorized disclosure of
information. These types of offenses fall within this category even if not charged by local authorities. For example, a failed drug urinalysis would fall under 0
this category, even though no criminal charges are filed, Similarly, dothestic violence and assaults are included in this category, even though a party may not iv.'
be arrested or charged,
0
General Misconduct: The General Misconduct offenses include a broad range of offenses, such as: alcohol-related misconduct (w/the exception of DWIs);
failure to report; dereliction; sexual misconduct; discrimination; disruptive behavior; failure to honor just .debts; improper relationships; misuse of
weapons; insubordination; retaliation; security violations; unprofessional Conduct; and the violation of miscellaneous rules and regulations.
;eels of Discipline: The different levels of discipline are designated as follows: Mitigated Range; Normal Penalty; and Aggravated Range, Within eac
category, disciplinary penalties for the specified offenses are provided. Penalties expressed in terms of "days" (e,g,, 3 days) refer to calendar days of
suspension without pay, Although demotion is not specifically designated 4 a penalty in the Guidelines, demotion may be assessed in appropriate cases
involving serious misconduct.
In adjudicating a case,,one would begin at the Normal Penalty and, depending upon an assessment of the facts and circumstances of the case and whether
mitigating/aggravating factors are present, the level of discipline could go up or down. Some of the more common aggravating and mitigating factors for
each offense (by no means an exhaustive listing) are often listed in the grids depicting the' aggravated and mitigated ranges. On certain occasions, the facts
and circumstances of a case may call for the application.of a penalty that is outside of the ranges indicated, and it is possible for any offense to rise to the
level of dismissal under appropriate circumstances. Penalties below the Mitigated Range or above the Aggravated Range must be personally approved, for
reasons specified in writing, by the Assistant Director, OPR, or the Assistant Director, Inspection Division (for delegated cases), or the Assistant Director,
Administrative Services Division (for cases on appeal). Moreover, the Director, FBI, retains the discretion to review and correct disciplinary determinations
within his authmity, either in favor of or to the disadvantage of an employee, when the Director consider's it necessary to correct an injustice Or to prevent
harm to the FBI. This power of correction is not intended as an additional level of appeal and will not be routinely exercised:. •
' Combination of Penalties: In cases where more than one offense is subStantiated against an employee, the penalties for the respective offenses will P.
normally be added together. However, in adjudicating cases, OPR will exercise care hi assessing multiple penalties where the substantiated charges are
essentially restatements of the same act of misconduct. For example, where ap. Agent loses both his weapon and his laptop in one incident, penalties will not 04
be separately assessed for the loss of the weapon and the loss of the laptop. Similarly, where, an employee makes an unauthorized disclosure of classified , 2,
information, penalties will not be separately assessed for the unauthorized disclosure and a security violation. In such cases, the Oater of the two penalties 0\3
will normally be applied, unless the facts .of the case otherwise advise,
Senior Executive Service (SES) Suspensions: BY federal regulation, members of the SES may not receive a disciplinary suspension of less than 15 days, °
Accordingly, where the Guidelines indicate a suspension of less than 15 days for an offense, that sanction cannot be imposed on an SES employee, When an
• Page 3 of 16
D0J01.6012049
• • .
•assessment of a case with reference to the Guidelines concludes that a non4ES employee Would have received a punishment of more than a three-day
. suspension, but less than a 15-day suspension, an SES employee will receive a minimum of a 15-day suspension. If a non-SES employee would have
received Aree-day suspension in a given case, an SES employee may receive either a letter of censure or a minimum of a 15-day suspension, as determined
by weighing the facts and circumstances of the case against the heightened behavioral and managerial expectations associated with SES personnel. Rit:
0
0
0'
1— 03
UPI
Revised 9/0/04, 9:25
,17
0
Fa
u.
Page 4 of 16 •
DOJOIG012050
ni
0
N
CO
N
0
rl
01
H
0
"I
is ella
'1
'
,e
IN ESTIG E CO
, . , rfR
,,,
Code Offense Mitigated Range . Normal Penalty Aggravated Range
1.1 Asset/CW/Informant (Source) - Failure
to Report Criminal Activity
. . .
.
LOC - 5 Days . 1

(no actual knowledge, but should •
have known or suspected criminal
activity)
7 Days
.
10 Days - Dismissal
(compromise of case; or, ,
seriousness of criminal activity)
1.2

Asset/CW/Informant (Source),- ,
Improper Financial Relationship

LOC - 5 Days .
. ,
(no personal gain; or, good faith
attempt to help sourc'ei,
7 Days • .10 Days - Dismissal
(financial benefit to employee) •
1,3 .

Asset/ON/Informant (Source) -
Improper Intervention on Behalf Of
LOC - 5 Days .
(no personal gain; or, good faith
attempt to help source) .
7 Days .
. .
.
10 Days - DiSmissal .
. •
1.4 Asset/CW/Informant (Source) :,
Improper Personal Relationship ,
LOC - 5 Days ' 7 Days 10 Days - Dismissal
(non-disclosure to AUSA)
1.5
.
Asset/CW/Informant (Source) - Violation
of Operational Guidelines and Policies,
Other v :
.
OR - 3 Days .
(no personal gain; or, good faith
attempt to help source)
5 Days .
. -
.
7 - 30 Days
(jeopardizing safety of others)
1.6 Investigative Deficiency - Improper
Handling of Documents) or Property in
the Care, Custody, or Control of the
Government '
OR - 3 Days
, v V
(others contributed to improper
handling) .
V 5.Days ' '
.
V
.
V
7. - 30 Days
(significant loss of
document(s)Jroperty) .
OR - Oral Reprimand LOC - Letter of Censure Page' 5 of ,16 ' 9/16/2004
DOJOIG012051
1.7 Investigative Deficiency - Misconduct
Related to Judicial Proceedings
. •
, .
LOC - 5 Days

(act in good/reasonable faith)
7 Days 10 Days - Dismissal
(judicial criticism)

1,8 Investigative Deficiency - Violations of
Other .
Operational Guidelines and Policies,
..,,
OR - 3 Days 5 Days 7- 30 Days 1—
. co . 0
(jeopardizing safety of others)
'
.
.

. •
.
,
CV
0
Er)

. .
• •
.

.
1
.

.

,
. ,

. .
.

.
. ,
.
.
. ,
,
'
.
.
. .
.

.
.
.
. .
.
• .
.
. . .
,
.
.
- .
.

.
.
. .
.
.

.
.
.
.
0.
0
0
p
H
fg
rl
ri
0
co
OR - Oral Reprimand LOC Letter of. Censure Page .6 of 16 9/16/2004
DOJOIG012052
C.) /
0
0
Mitigated Range , Normal Penalty 1••
7:7
0
Code Offense Aggravated Range
10 Days -.Dismissal
(drugs or otherwise material to hiring)
2.1 . False/Misleading Information -
EmOloyment/Security Document(s) ,
LOC- 5 Days 7 Days
0
(minor issues) H
PI
2.2 False/Misleading Information - Fiscal . 10 Days
Matter(s)
LOC - 7 Days
(minor issues; little benefit to,I
employee)
15 Days - Dismissal
(voucher fraud merits dismissal; serious T&A
abuse)
2.3 I False/Misleading Information - 30 Days .
Investigative Activity
LOC - 21 Days . ,
(unintentional; minor issues;,
no material effect on .
agency/mission)
45 Days - Dismissal
(intentional and significant issues or material
impact on investigations/case),
2.4 False/Misleading Information - Other 7 Days
Official Matter(s)
LOC - 5 Days.
(unintentional or immaterial)
10 Days - Dismissal
(intentional and particularly material; •
released to another govt. agenCy or
Congress)
Lack of Candor/Lying - No Oath OR 7 Days - 5 Days 10 Days - Dismis0
(relatively insignificant
matters) 1-1
ri
2.6 Lack of Candor/Lying - Under Oath , N/A Dismissal N/A
• 2.7 •

. .
Misuse of Position - Abuse of Authority
• , .
. . ,
,
OR - 3 Day3 1
.
(doing so to prevent harni of
another; or, to ensure safety
of public/others) . '
,
5 Days • . .
.
. .
. ' ,

7-30 Days . . .
(uncooperative; confrontational; display of
weapon; safety hazard; threat/aggressive
behavior; or, a security issues)
,•
OR - Oral Reprimand LOC - Letter of Censure Page 7 of 16 9/16/2004
DOJOIG012063
L
N
N
N
0
H
CO
0
2.13 ' Misuse of Position- Exploiting FBI
Employment
OR -3 Days
(doing so to prevent harm of
another; or, to ensure safety
of public/others) ',
..
5 Days
'
.
.
7.30 Days .,. .
(financial gain; threatening or aggressive
behavior; or, a security issue) • .
2.9 Misuse of Position - ImpersOnating,an
Agent .



.
.
LOC - 5 Days
(doing so to prevent harrrrof .
another; or; to ensure safety
of public/others).
.7 Days •
.
. .
.
. •
10 Days - Dismissal
• I
(financial gain; threatening or aggressive "
behavior; security issue; violation of law; or,
engaging in investigative activity)

2.10

OPR Matter - Failure to Cooperate
. .
.
None Dismissal*
*(Failure to take SOB
polygraph .--. Spays)
None .
.
.

2.11 OPR Matter.- Obstruction '

, • •
3 - 7 Days 1
,
(insignificant comments.
persons not associated wi
OPR; or, no attempt to •
influence)
10 Days
.
'

.
15 Days - Dismissal
, „,
(threatening or aggressive behavior)
2.12 Violations of Ethical Guidelines

• .
OR - 3 Days .
. ,
(no personal gain; or,
genuine attempt to assist
another in good faith)
.
'5 Days . •
.
.
. 7 - 30 Days
(financial gain; duration; direct/obvious
conflict; or, impact iton agency/mission)
.
. ,

. • •

. .
. .
.
.
. ,
.
,
. .
.

• -
.

,
,
.
. .
. . •
OR - Oral Reprimand LOC - Letter of Censure Page 1.3 of 16 9/16/2604
O
0
0
0
[ti
ICO
0
u.
DOJOIG012054
, E 0 5t D
M. 'A
cNv
0
Ed
Li.
Code Offense Mitigated Range . ' , Normal Penalty . Aggravated Range
3,1 Damage, Destruction, or Improper
Disposal of Government.Property •
OR - 3 Days .
(minimal/insignificant value
of property)
5 Days


' 7-14 Days
(significant value of property; or, converted
to personal use)
I
3,2 Loss of Badge and/or Credentials None LOC
,
3.10 Days'
(repeated loss)
3,3
..
Loss of Government Property or
Document(s) of a Sensitive/Valuable
Nature
.
. •
OR - 3 Days . '
(minimal/insignificantvalue;
minimal impact on
agency/mission; or, prompt
reporting) , ,
.5 Days
,

7 - 14 Days •
(significant value of property; or, compromise
of investigation) .
. ,

3,4 ' LosSof Weapon None . '
.
5 Days

. . .

7 - 14 Days
(repeated loss; or,,other violation of law, rule
or regulation) i
3.5 .
V
Misuse of FBI
Database(s)/Unauthorized Access
OR - 3 Days

(non-Sensitive information)
5 Days .
.
.
7 - 14 Days . V V •
i
.
(duration/frequency; or, type g information
obtained/accessed)
3.6 Misuse of Government Computer(s)
.
OR - 3 Days .
(minimal use)
5 Days , •, 7 - 14 Days .
(duration/frequency; or, type of information
obtained/accessed)
OR - Oral, Reprimand LOC - Letter of Censure Page 9,of 16 9/16/2004
bOJOIG012055
. 3,7
'
Misuse of Government Credit Card
(Theft), - Gasoline or Automotive-
Related Expenses . '

.
15 - 30 Days .
,
(expeditious self-reporting, of
unintentional/emergency
use) , .
Dismissal
.
.
.
. 1—
None • co
0
c0o
.;
"o
Cd
LL
3,8'

..
MisUse of Government Credit Card -
Personal Use
LOC - 5Days .
.
(expeditious self-reporting of
unintentional/emergency '
use; or, minimal dollar
amount charged)
.
7 Days ,
. .

.10 Days - Dismissal
.
(duration; frequency; or, high dollar amount
of charges)
i)
3,9 . Misuse. of Government Vehicle or
Aircraft, NonLTitle 31

OR 73 Days ,'
.


.
5Days ' .
,
7-14 Days
(frequency; duration; accident; injury/harm
to persons/property; or, citation/arrest)
3,10 Misuse of GOvernment Vehicle or
Aircraft, Title 51 . '
None
. ,
i
30 Days •
"
45 Days - Dismissal • ,
,
(frequency; duration; accident, injury/harm •
to persons/property; or, citation/arrest)
3,11
. . .
Misuse of Government Property,
Other
OR •
(emergency)
LOC
.
.
3.10 Days ,
(frequency; duration; or, high value amount)

. .
.
.



"
.
. .
i .
:..

.
.
, . .
.

. • ..
OR - Oral Reprimand LOC - Letter of Censure Page 1.0 of 16, 9/16/2004
DOJOIG012056
11-
0
0
0
H
0
rzi

,, KAI C M /0,,Nb rfy, tib}
Code • . Offense Mitigated Range : Normal Penalty
,
Aggravated Range
4.1 Assault/Battery LOC- 5 Days • 7 Days

10 Days -* Dismissal
(child abuse; extent of injuries; or, alcoholrelated)
4,2 Drugs = Use or Possession • •
. .
None Dismissal None
. .
4.3
'•n-•
DUI/DWI - Government Vehicle None . 45 Days
tJ
Dismissal
(serious injury; death; or, second
occurrence)
4.4 DUI/DWI - Privately Owned Vehicle None 30 Days 45 Days - Dismissal
(accident; injury; or death; second
occurrence = dismissal)
4:5 'Fraud/Theft • '15 - 30 Days Dismissal None
4,6 Indecent/Lascivious Acts 3 - 7 DayS 10 Days 15 Days 7 Dismissal
(child victim)
4.7 Other Felonies 3 - 7 Days
(provocation by other(s))
14 Days 30 Days -Dismis4
(arrestlindictment/i
conviction; injury/harm to
persons/property; or, child as victim)
4.8 Other Misdemeanors . OR - 5 Days
(provocation by other(s))
7 Days 10 Days - Dismissal
(arrest/conviction; injury/harm to persons/
property; or, child as victim)
OR - Oral Reprimand LOC - Letter of Censure Page p of 16 9/16/2004
DOJOIG012057
W.
0
0
0
H
0'
0
u.
r4
rl
0
CO • N
0
I .
H
0
0
0
0
H
Code Offense Mitigated Range, Normal Penalty Aggravated Range
4.9 .
. ..
Unauthorized Disclosure - •
Classified/Law Enforcement
Sensitive/Grand Jury Information
'
1
LOC- 7 Days •
'
(unintentional/inadvertentl;
or,..minimal impaCt on ,
'agency/mission)
10 Days
.
.

.
15 Days - Dismissal
(compromise of case; jeopardizes safety of
others; sensitivity of information; or,
security issues) .

.
4.10
.
Unauthorized Disclosure - Sensitive
.
.
Information
LOC - 5 Days
(unintentional/inadvertent;
or,' minimal impact on ..
agency/mission)
. ,
. ,..
7 Days .

10 Days - Dismissal ,
(compromise of case; jeopardizes safety of
others; sensitivity of information; or,
security issues) '
.
. .
. . .


.
. .

. . .
.
,
.
.
.
• .
. .
.
. •
, . , •

.
.
.
.
,
.
.
.
,
. .
.
.
OR - Oral Reprimand LOC - Letter of Censure Page 12 of 16 9/16/2044
DOJOIG012058
H
0
0
0
0
H
5.1
.
.
Alcohol/Substance Abuse - Under the
Influente While On Duty •

OR - 3 Days .,
(consumption of alcohol on
duty regardless of effect) ,
I

f
).
. .
'5Days •
.
(being under the influence of
alcohol/drugs on duty)
7-14 Days
.
(training exercise; weapons involved;
supervisory position; government involved;
brought alcohol to workplace; or, extent of
intoxication; or, injury/harm to
persons/property)
5.2
.

Dereliction of Supervisory
Responsibility
OR r 3 Days
•.• •
. •
5Days
••
,

.
' 7 - 14 Day's .
(jeopardizes safety of others; injury/harm to
persons/propertypr, impact on
agency/mission)
5,3


Discrimination

.

.
. .
3 - 5 Days
.
,
.
7 Days
.
'


. .
. •
10 Days - Dismis.,1 . .
• •
(supervisory position; pervasiveness;
duration; frequency; severity; multiple
victim; violation of statute; or, previously
warned)
. . • .
.5,4 Disruptive Behavior . .

.
. .
OR , •
.
.
.

. .
LOC

. 3 - 10 Days
.
. ,
(racial/ethnic slurs; sexual comments;
threats; police involvement; or, arrest)
. •
.5,5 Failure to Honor Just
Debts/Regulatory Obligations
• .
OR - 3 Days
(steps to resolve matter) .
.
5Days
.
.
. 7 - 30 Days .
., .
(amount of debt; violation of court order;
pattern; duration; or, frequency)

5,6

Failure to Perform Prescribed Duties
c
OR • . •
(minimal mission /agency, .
impact) .
LOC
.
• 3 - 10 Days '
1 .
. ,
(extent of dereliction; jeopardize safety of
others; duration; frequency; or,
consequences of dereliction) '
• OR.- Oral Reprimand LOC Letter of Censure Page 13 of 16 , 9/16/2004
DOJOIG012056
co
00
O
5.10 Improper Relationship - LOC - 5 Days 7 Days
Superior/Subordinate
5.11 Insubordination LOC - 5 Days 7 Days
(reaSonable belief order.was
unlawful or in violation of rule,
regulation or policy)
5.12 Military Resei've Matters OR LOC
5.13 Misuse of Weapon - Safety Violation LOC 5 Days 7 Days
10 Days - Dismissal
(actual favoritism, vice perceived; or,
student/inStructor relationship)
10 Days - Dismissal
(intentionality; level of safety risk; 'use to
intimidate or threaten; or, altered weapon
rendering more unsafe)
10 Days - Dismissal •
(jeopardize safety to others; injury/harm to
persons/property; impact on •
agency/mission; or, compromise of
investigation)
3 - la Days
(recalled to active . cluty; or, impact on
agency/mission)
ri-
0
0
0
0
0
H
rI
ri
5;7 Failure to Report - Administrative

OR
(insignificant matters)
LOC
.

.
3 - 10 Days '
(significant security issues; or, impact on
agency/mission) .
5.8 .Failure to Report - CriMinal/Serious LOC - 3 Days 5 Days
.

7 - 14 Days
(seriousness of incident; significant security
issues; or, impact on agency/mission)
5.9
s •
Improper Relationship - Criminal
Element
LOC - 5 Days .
.
.
• •
7 Pays .
. .
n
'
10 Days 7 Dismissal .
(impact on agency/mission; or, compromise
of case) .
OR - Oral Reprimand LOC - Letter of Censure Page 'A of .16 • 9/16/2004
DOJOIG012060
5.14 Misuse of Weapon - Accidental
Discharge ,

• .
None
.

3 Days
,
' .
.
• 5.14 Days ,
,
(injury/harm to pprsons/property; or,
violation of weapons law, regulation or 01
policy) it1
c
5,15
.
MisuSe of Weapon - Intentional
Discharge • S
. •
.
5.14 Days 30 Days
'
.
.
n 45 Days - Dismissal
c
c
c
• c
(injury/harm to persons/property; violation
.
H
of weapons law, regulation or policy) . ria
.5,16 Retaliation

3 :- 5 Days •
.
7Days
'
. .
.
'
'
10 Days - Dismissal '
(retaliation against whistleblowing or other
protected activity) .
'
'
117
.
Security Violation - Failure to Secure •
Space, Equipment/Materials :
. •

OR - 3 Days .
"
(minimal impact on
agency/mission; .
insignificant/immaterial
matter; or, expeditious selfreporting)
5Days .
.
.
'
K. .
.
7 - 14 Days
,
(compromise of case; impact on
agencY/mission; duration/frequency;
severity; injury/harm to persons/property;
or,.jeopardizes the safety of others)
. ,
5.18 .
'
Security Violation - Other
.
' •
• .
OR - 3 Days
i
(minimal impact on 1
agency/mision; insignificant/
immaterial matter; or, .
expeditious self-reporting)
5Days .
.
.
..

7- 14 Days'
(compromise of case; impact on
agency/mission; duration/frequency;
severity; or, injury/harm to persons/others)
.
5.19 Sexual Misconduct - Consensual ‘
.
'
LOC - 5Days •
,
7Days
.
. ,
10 DayHs - Dismissal ri
.
(pervasiveness.; or, impact on
agency/mission) • cil
5.20 Sexual Misconduct- Nonzconsensual
. .

. .
LOC - 5 Days 7Days
.
10 Days - Dismissal ir
. .
(pervasiveness; impact on agency/mission; crci
or, impact'on victim) , . ,,
01
,
.v
OR - Oral Reprimand LOC - Letter of Censure • Page 15 of 16 • 9/16/2004
H
0
D0J0160 1 206 1
CO
0
U5.21
Unprofessional Conduct - Off Duty OR - 3 Days
(see Common Mitigators in
Preamble) . ' .
5 Days
. • 'i
7 Days - Dismissal
(see Common Aggravators in Preamble)
5.22 Unprofessional Conduct - On Duty LOC - 5 Days
(see Common Mitigators 0
Preamble)
7 Days
.
'
.
s.
.
10 Days - Dismissal .
.
(see Common Aggravators in Preamble)

123
.
Violation of Miscellaneous
Rules/Regulations
OR - 3 Days
(see Common Mitigators in
Preamble)
5 Days
.
7 - 30 Days'
(see Common Aggravators in Preamble)
1
f
. .

.
. .
.
. ,
.
.
' .

.
. . . .
.
m
0
0
0
0
rl
ri
Page 16 of 16
0
co
6/04/2004
H
0
DOJOIG012062 '

Doc_nid: 
11732
Doc_type_num: 
63