◆ SpookStack

UNCLASSIFIED considered final and not subject to appeal. 5.4.1. FBI employees approved {i.e., not precluded) by the AD, HRD (or designee} may proceed with their personnel actions, and FBI employees declined {i.e., precluded) by the AD, HRB {ar designee} are removed from consideration for their personnel actions, The decision of the AD, HRD (or designee) is independent of DOJ and the reporting FBI components and considered final for personne! actions, as outlined in subsection 6.1. of this PD. Ail administrative action name checks and preclusion recornmendations for sefectees for SES and SL positions must be submitted to the Director (or designees} for review and approval. 5.4.2. Individuals who are subjects or named in extended, ongoing investigations face potential preclusion, based on the discretion of the AD, HRD {or designee}. In all instances, the decision of the AD, HRD (or designee) is based on several factors, including, but not limited: to, the facts of the investigation, historical precedent, severity and recentness of the Prowess, mitigating or aggravating factors, ond potential penalties that could be imposed on the FBI empioyee. Typically, an investigation that goes beyond three years and has not been adjudicated should not preclude the named FBI employee from receiving his or her personnel action. However, Jengthy investigations that involve egregious misconduct or behavior may preclude the named FBI employee from receiving his or her personnel action. 5.4.3. The preclusion period begins from the date of the offense and not the date of final adjudication of the administrative action. In instances in which the employee was demoted, the preclusion period begins fram the date the demotion took effect. In cases in which the date of the offense is unknown, the preclusion period should start from the investigation start date. The H&E Name Check Preclusion Suide, which outlines the recommended preclusion periods for personne! actions, is based on historical precedent and the guidelines established in OPR’s Offense Codes and Penalty Guidelines Gaveming FRI's intemal Qiscinlinary. PRESS, For more information, please refer to the, HBG. Name. heck Preclusion yee art S fy Process, or Security Executive ‘Agent. Di irective (SEAD} Ax National “Security Adiudicative Guidelines (lune 8, 2012). 5.5. Ano notice name check result refers to a pending investigation in which the named employee has yet to be notified of the existence of an investigation. In this case, a no notice name check result must be forwarded to the AD, HRD (or designee) for final review and approval of a preclusion decision. In SES and SL selections, a no notice name check result must be forwarded to the Director (or designee) for final review and approval. 5.6. If OEEGA returns a positive response from a query, the Office of the General Counsel {OGC} must provide a letter with a legal opinion that addresses whether the matter should constitute an impediment to future personnel actions. An EEO allegation, in and of itself, should not preclude an individual from personnel actions. Unless OGC or INSD informs HRD that they believe there is evidence that the named employee did in fact discriminate against the complainant, the AD, HRD should not preclude the employee. 6.1. The AD, HRD (or designee) must: 6.1.1. Review the administrative action name check summaries in which a queried FBI employee was found to be a subject of an administrative investigation, case, complaint, inspection deficiency, or LOD curtailment. 3 UNCLASSIFIED