Internal Control Evaluation, page 21 . These are known as Douglas factors. 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 . Hiring an experienced federal employment law attorney for your oral reply can pay for itself many times over. 8.Douglas Factor Analysis. 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. Essentially, this factor asks: was the offense committed one that calls in question the employees ability to continue performing his job? The key is credibility. Govexec.com . 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. All other penalty determinations should undergo thorough reasoning under the Douglas Factors. An example of a mitigating factor would be having no prior discipline in a 20 year federal career when applying Douglas Factors #3 and #4. What if I already had anoral reply and theyve issued a decision and misapplied the Douglas Factors? Discipline can range from letters of reprimand to short suspensions. 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. If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process. If you were going through a divorce, your child was hospitalized, or a family member had passed away, you should be explaining these mitigating factors to management. Factor: Nature and seriousness 9. It is a widely accepted principle that the penalty must be appropriate to the offense and the minimum that will correct the behavior. Every case is different, so sometimes factors that really stand out in one case, have little to no significance in another. Federal agencies may attempt to base a proposed or final penalty based on an agencys table of penalties. what extent, the "Douglas" factors come into play or how egregious the act was. B !p$p$p$pV0.Au KW !%K i%H+AZ JV i%H+AZ JV,`{%+^ JW`{%+^ JW`{%+xX`{%+^ JW9 8p8?0g# Bk|8AAoq':#@-zSs)@yFAaH=p.GNXQKAr{D$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:#/ The Table provides for more serious penalties for . ALL RIGHTS RESERVED. Sample 2: You have the right to review the material relied on to support this proposed removal.

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