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Penalty Gudehines Applicable to FBl's Internal Disciplinary Process The listed penalties apply to all FBI personnel. regardless of position or title, except that federal law prohibits an agency from imposing a suspension action of less than 15 days against an SES employee.. 5 CFR $752.601. 'In keeping with that requirement, the Preamble to the FBI's Offense Codes and Penalty Guidelines. appended hereto provides that if a non-SES employee would have received a 1-dav to a 3-day suspension, OPR may impose on an SES emplovee a letter of. censure or a minimum of a 15-day suspension, based on OPR's weighing of the facts and circumstances of the case against the heightened bchavioral and. managerial expectations associated with SES personnel. -The term "on duty" refers to the period when an employee is performing an official duty or acting in an official capacity, whether or not the emplovee is being paid at the time (e.g., misconduct occurring while an emplovee is driving a Bureau vehicle home at the end of the emplovee's shift is considered "*on duty" for. sasodindLeudosp oAnensuupe See the Offense Codes (attached hereto as Tab A) for a discussion of offenses. INVESTIGATIVE MISCONDUCT Number Offense Mitigated Range Standard Penalty Aggravated Range Penalty Asset/CW/Informant/CHS Letter of Censure - 5 Days. 7 Days 10 Days - Dismissal Guideline (Source) - Failure to Obtain 1.1 Authorization or Report Compromisc casc: scriousncss of Criminal Activity criminal activity Penalty Asset/CW/Informant/CHS Letter of Censure - 5 Days 7 Days 10 Days - Dismissal Guideline (Source) - Improper Financial 1.2 Relationship No personal gain: good-faith attempt to Financial bencfit to employee help source Penalty Asset/CW/Informant/CHS Letter ofCensure - 5 Days 7 Days 10 Days - Dismissal Guideline (Source) - Improper Intervention 1.3 on Behalf Of No personal gain: good-faith attempt to help source 18 EFFECTIVE 01/01/2017