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 reached on whether the DHS OIG or the Secret Service will assume responsibility for investigating the allegation of misconduct.

At the conclusion of either the DHS OIG or Secret Service investigation, all allegations are forwarded to the ITG for review and possible disciplinary action. Once an allegation is received by the ITG, the Deputy Chief Integrity Officer will prepare a formal disciplinary proposal to present to the employee. This proposal is based on evidence and information provided to the Deputy Chief Integrity Officer during the intake process and investigation, if in fact an investigation occurred. The Deputy Chief Integrity Officer uses this information in accordance with ITG disciplinary policies and the Table of Penalties to prepare the proposal. In determining the appropriate penalty for the offense, consideration is given to a number of mitigating (e.g., acceptance of responsibility) and/or aggravating (e.g., holding a supervisory position at the time of the offense, notoriety of the offense) factors. The Deputy Chief Integrity Officer is the issuing official for all adverse actions, and the Chief Integrity Officer can mitigate the proposed penalty.

Employees facing disciplinary actions are afforded certain procedural rights pursuant to Title 5 of the United States Code, Chapter 75, and regulations prescribed by OPM. Before an agency imposes a suspension for 14 days or fewer, an employee is entitled to: (1) an advanced written notice stating the specific reasons for the proposed action; (2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; (3) representation by an attorney or other representative; and (4) a written decision and the specific reasons thereof at the earliest practicable date. When an employee is proposed for removal, a suspension for more than 14 days, a reduction in grade or pay, or a furlough of 30 days or less, that employee is entitled to: (1) at least 30 days advance written notice stating the specific reasons for the proposed action; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision and the specific reasons thereof at the earliest practicable date. The regulations promulgated pursuant to Title 5, Chapter 75 incorporate and implement these procedural requirements.

Secret Service policy regarding all formal disciplinary or adverse actions implements the procedural due process protections required by OPM and Title 5. In assessing and determining the appropriate penalty to impose for employee misconduct, the Chief Integrity Officer and Deputy Chief Integrity Officer utilize the Secret Service's Table of Penalties as instructive guidelines, and consider the Douglas Factors, 12 criteria established by the Merit Systems Protection Board (MSPB) in the case of Douglas v. Veteran's Administration. Once the notice of the proposed disciplinary action(s) is issued to the employee, he/she is entitled to review the materials relied on to support the reasons for the action and reply (orally and/or in writing) to the deciding official. If