1504.1 After establishing a sufficient basis for taking action (i.e., evidence to support the allegation(s) and a nexus between the conduct or performance at issue and the employee’s job or the University’s mission), a supervisor must determine the appropriate action to address the employee’s conduct or performance deficiencies based on the totality of circumstances.

1504.2 For all disciplinary actions, supervisors must be prepared to demonstrate that the following factors were considered:

1. (a) The nature and seriousness of the misconduct or performance deficiency, and its relationship to the employee's duties, position, and responsibilities, including whether the offense was intentional, technical or inadvertent; was committed maliciously or for gain; or was frequently repeated;
2. (b) The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position;
3. (c) The employee's past disciplinary record;
4. (d) The employee's past work record, including length of service, performance on the job; ability to get along with fellow workers, and dependability;
5. (e) The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect on the supervisor's confidence in the employee's ability to perform assigned duties;
6. (f) The consistency of the penalty with those imposed upon other employees for the same or similar offenses;
7. (g) The consistency of the penalty with any table of disciplinary and adverse actions the University may decide to issue;
8. (h) The notoriety of the offense or its impact upon the reputation of the University or the District Government;
9. (i) The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question;
10. (j) The potential for the employee's rehabilitation;
11. (k) The mitigating circumstances surrounding the offense such as unusual job

tensions, personality problems, mental impairment, harassment, bad faith, malice, or provocation on the part of those involved in the matter; and

(l) The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

1504.3 These factors should be considered and balanced to arrive at the appropriate remedy. While not all of these factors may be relevant, consideration should be given to each factor based upon the circumstances.

1504.4 An analysis of the factors above will be included in any final agency decision on an adverse action.

SOURCE: Final Rulemaking published at 64 DCR 12703 (December 15, 2017).