Standards of Employee Conduct

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

Program Statement	3420.14
Subject	Standards of Employee Conduct
Current edition	May 15, 2026
Change notices	None
Supersedes	PS 3420.13, Standards of Employee Conduct (5/7/2026) — rescinded after eight days
Governing regulation	5 C.F.R. part 2635, Standards of Ethical Conduct for Employees of the Executive Branch. No 28 C.F.R. anchor; the PS cites 28 C.F.R. § 500.1 (contraband) and 28 C.F.R. § 50.15 by reference.
Statutes named in the PS	18 U.S.C. §§ 201, 203, 205, 207, 208 (bribery, representation, post-employment, conflicts); 18 U.S.C. §§ 2241–2245 (sexual abuse); 41 U.S.C. § 423 (procurement integrity); 5 U.S.C. chs. 43 and 75
Related BP forms	BP-A0165 Acknowledgment of Receipt · BP-A0166 and BP-A0927 and BP-A0543 (outside employment) · BP-A0194 Warning and Assurance to Employee Required to Provide Information · BP-A0584 Staff Personal Weapons Declaration
Official PDF	bop.gov/policy/progstat/3420_014.pdf

Checked against the BOP policy set · 2026-09-07 · How we verify

Program Statement 3420.14 is the rulebook the Bureau of Prisons holds its own staff to — what an officer, counselor, case manager or medical provider may and may not do, and what the Bureau’s own schedule says the range of consequences is when they do it anyway. This page is written for the person inside and for the family, so that you can tell whether what happened is a violation of the Bureau’s own rules, what the policy actually says, and where a written complaint goes. If you are ready to file, the page you want next is how to report staff misconduct, which walks the reporting routes; this page is the underlying rulebook it points to.

Set expectations honestly before you read further, because this is the area where false comfort does the most damage. Reporting misconduct does not produce a result you can count on, and nothing on this page should be read as saying it will. The federal ethics regulation that sits behind this Program Statement says so in terms: “[a] violation of this part or of supplemental agency regulations, as such, does not create any right or benefit, substantive or procedural, enforceable at law by any person against the United States, its agencies, its officers or employees, or any other person” (5 C.F.R. § 2635.106(c)). What this policy does give you is different and still valuable: a written standard, in the agency’s own words, that a complaint can be measured against, and a documented record if you build one properly.

The rule itself: employee conduct standards

The Bureau’s newest edition of this policy carries two objects a reader actually came for. The first is the enumerated prohibition on staff conduct toward people in custody and their families. The second is the Bureau’s own schedule of what those offenses are worth in discipline. Both are reproduced verbatim.

Artifact 1 — Section 5.b, Sexual/Personal Relationships/Contact with Inmates

b. Sexual/Personal Relationships/Contact with Inmates. Employees may not show partiality toward, or become emotionally, physically, sexually, or financially involved with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates.

Employees may not have contact with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, except as authorized within the scope of their employment or by the CEO. Chaplains, psychologists, psychiatrists, and other clinical or medical employees designated by the CEO may continue a previously established therapeutic relationship with a former inmate in accordance with their codes of professional conduct and responsibility. These employees must obtain prior approval from the CEO to communicate with former inmates, their family members, or associates. All communication must occur from an institution setting. Employees must report any unauthorized communication with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates within 24 hours of the contact or communication.

Bureau employees may not serve as volunteers in Bureau facilities or programs, regardless of the purpose or content of the program. Bureau employees may not act as participants in any inmate programs without authorization from the CEO.

An employee may not engage in, or allow another person to engage in, sexual behavior with an inmate. There is no such thing as consensual sex between employees and inmates.

Title 18, U.S. Code Chapter 109A provides penalties of up to life imprisonment for sexual abuse of inmates where force is used or threatened. Sexual contact is defined as the intentional touching of the genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire of any person.

Penetration is not required to support a conviction for sexual contact. All allegations of sexual abuse will be thoroughly investigated and, when appropriate, referred to the appropriate authorities for prosecution.

Employees are subject to disciplinary action, up to and including removal, for any inappropriate communication, contact, sexual behavior, or relationship with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, regardless of whether such contact constitutes a prosecutable crime. Physical contact is not required to subject an employee to discipline up to and including removal for misconduct of a sexual nature.

An employee may not offer or give to inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, any gift, article, favor, or service that is not authorized in the performance of the employee’s duties.

Employees are prohibited from accepting any gift, article, favor, or personal service from inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, that is not authorized in the performance of the employee’s duties. This prohibition includes becoming involved with family members, close friends, or associates of inmates.

An employee may not show favoritism or give preferential treatment to one inmate, or a group of inmates, over another.

Reproduced from Program Statement 3420.14 at pp. 7–8.

Four sentences in that block do the most work for a reader.

“There is no such thing as consensual sex between employees and inmates.” That is the Bureau’s own sentence, at p. 8. It is policy language, not a statutory quotation, but the statute points the same way: 18 U.S.C. § 2243(b) makes it a federal offense, punishable by a fine, imprisonment of not more than 15 years, or both, for a person to knowingly engage in a sexual act, in a federal prison or a facility holding people in federal custody, “with another person who is— (1) in official detention; and (2) under the custodial, supervisory, or disciplinary authority of the person so engaging.” The only affirmative defense the section states — reasonable belief that the other person had attained the age of 16 — is written to apply to subsection (a), the minor offense, not to subsection (b). The statute provides no consent defense to the ward offense.

“Physical contact is not required.” The policy states that an employee is subject to discipline up to removal for “any inappropriate communication, contact, sexual behavior, or relationship,” and that “[p]hysical contact is not required to subject an employee to discipline up to and including removal for misconduct of a sexual nature” (PS 3420.14 at p. 8). Messages, calls, letters and social-media contact are inside the rule.

The prohibition reaches families. Every clause in Section 5.b runs to “inmates; former inmates; or family members, associates, or close friends of inmates or former inmates.” A staff member who contacts a spouse, parent or friend outside the scope of their duties is inside this rule, and the policy directs them to report that contact to the CEO within 24 hours.

Gifts run both ways. Staff may not give an unauthorized gift, article, favor or service, and may not accept one. Where a family has been asked for money, a favor, or anything of value by a staff member, that is squarely within the prohibition — and it is separately listed in the penalty schedule below.

The policy uses “CEO” throughout as a defined term. It means “[t]he Warden at institutions, the Director at staff training centers, the Regional Director at regional offices, and the Assistant Director of each division in the Central Office,” and “[i]n some contexts, it may also include the Director or Deputy Director of the Bureau” (PS 3420.14 at p. 2). Where this page says CEO, read Warden.

Artifact 2 — the inmate-facing rows of the Standard Schedule of Disciplinary Offenses and Penalties

Attachment A to PS 3420.14 is a 76-row table setting out, for each category of offense, the range of penalties the Bureau tells its deciding officials to consider for a first, second and third offense, and the “reckoning period” — how long a prior offense stays on the books when a later one is weighed. The rows below are the ones that concern the treatment of people in custody and their families. All wording is verbatim.

#	Nature of offense	Explanation	First offense	Second offense	Third offense	Reckoning period	PS page
13	Disrespectful conduct, use of insulting, profane, abusive, obscene, or demeaning language or actions to or about others.	Includes verbal abuse of inmates, former inmates, their families, or friends (known or who should be known). Also includes profanity and disrespectful words or actions directed toward employees, visitors, or others.	Official reprimand to removal.	14-day suspension to removal.	Removal.	5 years.	p. 31
20	Endangering the safety of or causing injury to employees, inmates, or others through carelessness or failure to follow instructions.	(none stated)	15-day suspension to removal.	30-day suspension to removal.	Removal.	5 years.	p. 33
21	Giving an inmate an order that could be hazardous to health and/or safety.	Potential danger to safety of persons and/or actual damage to property is a primary consideration in determining severity of the penalty.	Official reprimand to removal.	14-day suspension to removal.	Removal.	5 years.	p. 33
31	Physical abuse of an inmate or excessive, unnecessary, or inappropriate use of force involving an inmate.	In determining the severity of the penalty, the circumstances of the incident should be given more consideration than the presence or absence of physical injury.	30-day suspension to removal.	45-day suspension to removal.	Removal.	Indefinite.	p. 35
32	Use of intimidation or threats of force toward an inmate or to compel an inmate to take an action or violate a rule.	In determining the severity of the penalty, the circumstances of the incident will be considered.	Official reprimand to removal.	14-day suspension to removal.	Removal.	5 years.	p. 35
33	Improper relationship or appearance of improper relationship with inmates, former inmates, their families, or associates.	Includes, but is not limited to, personal, financial, sexual, and/or emotional relationships with an inmate, former inmate, their family members, or associates. Degree and type of involvement is a primary consideration in determining severity of penalty.	30-day suspension to removal.	45-day suspension to removal.	Removal.	Indefinite.	p. 35
34	Conduct that could lead others to question an employee’s impartiality toward an inmate.	Includes, but is not limited to, personal, financial, romantic, sexual, and/or emotional relationship with an inmate, former inmate, their family members, or associates. The degree and type of involvement is a primary consideration in determining the severity of the penalty.	15-day suspension to removal.	30-day suspension to removal.	Removal.	5 years.	p. 36
37	Acceptance of any gift or favor from an inmate or former inmate, their families, or associates.	Value of gift or favor and the reasons for accepting are primary considerations in determining severity of penalty.	15-day suspension to removal.	30-day suspension to removal.	Removal.	5 years.	p. 36
38	Giving or offering an unauthorized article or favor to any inmate, their families, or associates.	Value of article or favor and the reasons for giving are primary considerations in determining severity of penalty.	Official reprimand to removal.	14-day suspension to removal.	Removal.	5 years.	p. 36
39	Preferential treatment of inmates.	Potential or actual negative reaction of other inmates is a primary consideration in determining severity of penalty.	15-day suspension to removal.	30-day suspension to removal.	Removal.	5 years.	p. 36
40	Aiding or abetting inmate violation or attempted violation of any law, rule, or regulation or commission of any prohibited act.	Degree of aid and seriousness of violation is a primary consideration in determining severity of penalty.	30-day suspension to removal.	45-day suspension to removal.	Removal.	Indefinite.	p. 37
41	Failure to report or timely report to management any contacts with inmates, former inmates, their families, or associates, not in the performance of their official duties.	(none stated)	5-day suspension to removal.	14-day suspension to removal.	Removal.	5 years.	p. 37
43	Failure to properly or accurately conduct rounds in restrictive housing settings.	The penalty can and will be impacted by the effect of the failure (i.e., inmate injury or death), and the number of missed rounds.	15-days to removal.	30-day suspension to removal.	Removal.	5 years.	p. 37
57	Unauthorized dissemination of official information.	Nature of official information disseminated, potential impact, and whether the dissemination was inadvertent are primary considerations in determining penalty.	Official reprimand to removal.	14-day suspension to removal.	Removal.	5 years.	p. 40
58	Use of official information for private purposes.	Potential personal gain is a primary consideration in determining severity of the penalty.	Official reprimand to removal.	14-day suspension to removal.	Removal.	Indefinite.	p. 40
64	Introduction of contraband.	Includes introduction of any article not otherwise permitted in the institution to or beyond the employees security screening site. Nature of article are primary considerations in determining severity of the penalty.	15-day suspension to removal.	30-day suspension to removal.	Removal.	Indefinite.	p. 41
74	Failure to report or timely report a violation of the Standards of Employee Conduct.	Offense includes failure to report violation of Program Statement, government ethics regulations, EEO laws, and criminal laws. In particular, supervisors or managers must report sexual harassment observed by or reported to them. No retaliation can be taken against employees or inmates who report any such violations.	Official reprimand to removal.	14-day suspension to removal.	Removal.	5 years.	p. 42
75	Retaliation or discrimination against those who make report a violation of the Standards of Employee Conduct.	Offense includes failure to report violation of Program Statement, government ethics regulations, EEO laws, and criminal laws. In particular, supervisors or managers must report sexual harassment observed by or reported to them. No retaliation can be taken against employees or inmates who report any such violations.	Official reprimand to removal.	30-day suspension to removal.	Removal.	Indefinite.	p. 42

Reproduced from Attachment A, Standard Schedule of Disciplinary Offenses and Penalties, Program Statement 3420.14, at the pages given in the last column. These are 18 of 76 rows — the ones bearing on the treatment of people in custody and their families. Column headings and all wording, including the phrasing of row 75, are exactly as printed. The full schedule is in the PDF beginning at p. 27.

Row 75 is the row to read twice. Its explanation contains the single most useful sentence in the document for anyone thinking about whether to report something: “No retaliation can be taken against employees or inmates who report any such violations.” That is the Bureau’s own statement, in its own penalty schedule, that retaliation against a person in custody for reporting staff misconduct is itself a listed offense with an indefinite reckoning period. It is worth quoting in a complaint by page number.

Read the schedule for what it is. The Bureau prints four cautions immediately before the table, and they govern how every range above is applied. The schedule “is intended to be used as a guide in determining appropriate discipline to propose according to the type of offense committed,” and “[t]he offenses listed are not inclusive of all offenses or charges” (PS 3420.14 at p. 27). Penalties “should generally be progressive in nature when applicable,” but “[i]n serious cases or those with aggravating factors, a penalty outside the range of penalties may be proposed” — and the Bureau notes that “federal law enforcement officers are held to a higher standard of professional conduct than other federal employees,” as are supervisors (p. 27). The deciding official weighs mitigating and aggravating factors and “should generally not mitigate the penalty more than 50% of the proposed sanction or suspension,” and in a proposed removal, “mitigation should rarely extend lower than an adverse action (15-day suspension)” (p. 27). Suspension penalties “refer to calendar days” (p. 28).

None of that is a promise about any particular case. A range is a range, and the decision belongs to the agency.

What binds and what does not in PS 3420.14

This is the distinction that decides what a complaint can realistically achieve, and it should be stated plainly rather than softened.

PS 3420.14 is a Program Statement — the Bureau’s internal instruction to its own workforce. The Supreme Court characterized a BOP Program Statement as an “internal agency guideline” rather than a “published regulation[] subject to the rigors of the Administrative Procedure[] Act, including public notice and comment,” and as “akin to an ‘interpretive rule’ that ‘do[es] not require notice and comment,'” while remaining “entitled to some deference” where it is a permissible construction of the statute it implements. Reno v. Koray, 515 U.S. 50, 61 (1995). A Program Statement tells staff what to do. It does not, by itself, give a reader something to sue on.

The ethics regulation behind it is explicit on the same point. PS 3420.14 opens by stating that “Bureau employees are governed by regulations in 5 C.F.R. Part 2635” and that the Program Statement “clarifies the applications of those regulations in the Bureau” (PS 3420.14 at p. 5). Part 2635 provides at § 2635.106(a) that a violation “may be cause for appropriate corrective or disciplinary action,” that under § 2635.106(b) “[i]t is the responsibility of the employing agency to initiate appropriate disciplinary or corrective action in individual cases” — and, at § 2635.106(c), that a violation “does not create any right or benefit, substantive or procedural, enforceable at law by any person against the United States, its agencies, its officers or employees, or any other person.”

So what is this policy actually good for, from where you are sitting? Three things, and they are real.

It gives you the agency’s own words. A complaint that says “an officer was rude” is a different document from one that says the conduct falls within offense 13 of Attachment A to PS 3420.14, which the Bureau’s own schedule describes as including “verbal abuse of inmates, former inmates, their families, or friends.” Naming the rule is not a legal argument — it is precision, and precision is what gets a filing read.

It creates a duty to report that runs to every employee who learns of it. Section 4 of the policy directs that “[a]s soon as practicable, but not later than 24 hours after becoming aware, each employee must report to their CEO (or other appropriate authority such as the OIA or the Office of the Inspector General) any violation, appearance of a violation, or attempted violation of these standards, or of any law, rule, or regulation, or Bureau and/or DOJ policy” (PS 3420.14 at p. 6). Failure to make that report is itself offense 74. A written complaint therefore does something even where nothing visible follows: it puts staff who receive it under a stated obligation.

It supplies the record. Where an issue later becomes a filing — an administrative remedy, an FTCA claim, a civil action, a sentencing or compassionate-release submission describing conditions — the contemporaneous written complaint, dated, is what makes the account something other than recollection.

What the employee conduct standards mean for you

If you are the person inside: put it in writing and keep the copy

Put it in writing, and keep the copy. The route that starts everything is an Inmate Request to Staff — a cop-out. Write what happened, when, where, who was present, and which conduct it was. Keep a dated copy for yourself before you send it. Where an issue is sensitive or where writing to the institution puts you at risk, the Administrative Remedy Program has a route that bypasses the institution: 28 C.F.R. § 542.14(d)(1) provides that where “the inmate reasonably believes the issue is sensitive and the inmate’s safety or well-being would be placed in danger if the Request became known at the institution, the inmate may submit the Request directly to the appropriate Regional Director,” marked “Sensitive” with a written explanation. If the Regional Administrative Remedy Coordinator disagrees that it is sensitive, the request is not accepted and you are told so in writing, and the Warden “shall allow a reasonable extension of time” to resubmit locally.

Know the deadlines, because they are short. Informal resolution first (28 C.F.R. § 542.13(a)); the formal BP-9 “is 20 calendar days following the date on which the basis for the Request occurred” (§ 542.14(a)); a BP-10 to the Regional Director within 20 calendar days of the date the Warden signed the response; a BP-11 to the General Counsel within 30 calendar days of the date the Regional Director signed, which “is the final administrative appeal” (§ 542.15(a)). Extensions are possible where you show a valid reason for delay, and the regulation lists examples: an extended period in transit separated from your documents, a period of physical incapacity, an unusually long informal-resolution attempt.

If what happened was sexual, a separate and better route exists. The PREA standards require the agency to “provide multiple internal ways for inmates to privately report sexual abuse and sexual harassment, retaliation by other inmates or staff for reporting sexual abuse and sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents,” and to provide “at least one way for inmates to report abuse or harassment to a public or private entity or office that is not part of the agency,” which must be able to forward the report while “allowing the inmate to remain anonymous upon request” (28 C.F.R. § 115.51(a)–(b)). Staff “shall accept reports made verbally, in writing, anonymously, and from third parties and shall promptly document any verbal reports” (§ 115.51(c)). A PREA report does not have to be on a form and does not have to be signed.

Retaliation is separately regulated, not just separately deplored. 28 C.F.R. § 115.67 directs the agency to protect inmates and staff who report sexual abuse or harassment or cooperate with an investigation, to employ “multiple protection measures, such as housing changes or transfers for inmate victims or abusers, removal of alleged staff or inmate abusers from contact with victims, and emotional support services,” and — the concrete part — “[f]or at least 90 days following a report of sexual abuse,” to monitor the conduct and treatment of the people who reported and who were reported to have suffered abuse, “and shall act promptly to remedy any such retaliation,” with “periodic status checks” for inmates. The regulation states that the items to monitor “include any inmate disciplinary reports, housing, or program changes.” If a shot, a transfer or a program removal lands shortly after a report, the 90-day monitoring obligation is the specific thing to name.

Do not stop pursuing the underlying problem while a complaint sits. If the conduct produced an incident report, that goes through the inmate discipline process on its own track. If it produced an injury, the medical route and the FTCA route are separate again. A misconduct complaint is not a substitute for any of them.

If you are the family: you can report too

You can report. Nothing in this policy limits reporting to people in custody — Section 4 directs employees to report violations, and PREA requires the agency to accept reports “from third parties” (28 C.F.R. § 115.51(c)). But the administrative-remedy ladder is not open to you: the BP-9/BP-10/BP-11 sequence in 28 C.F.R. part 542 belongs to the incarcerated person, and only they can exhaust it. That distinction matters, because exhaustion is what most later filings turn on. The most useful thing a family member usually does is help the person inside build and preserve the written record, not file in their place.

If a staff member has contacted you outside the scope of their duties — messages, calls, social media, a request for money or a favor, an offer to bring something in — the policy is unambiguous that this is prohibited, and it is prohibited whether or not anything further happens. Section 5.b bars involvement with “family members, associates, or close friends of inmates or former inmates,” and the schedule lists it at rows 33, 34, 37 and 38. Save everything: the messages, the numbers, the dates, screenshots. Do not respond to a request for money or contraband, and do not delete the record. Introducing contraband is row 64 with an indefinite reckoning period, and a family member who complies is exposed as well as the staff member.

Write it down while it is fresh. Date, time, facility, the person’s name or description and post, what was said, who else was present. A contemporaneous note written the same day is worth far more later than a careful reconstruction months on.

If you are counsel: employee conduct standards

Four practical points.

Exhaustion is the gate, and the sensitive-filing route at § 542.14(d)(1) is the one most often missed. Where a client will not file locally because filing is itself the risk, the marked “Sensitive” filing direct to the Regional Director exists and is worth using deliberately, with the written explanation the regulation requires.

Name the rule and the page. PS 3420.14 is pin-citable, and a remedy or a declaration that quotes offense 31, 32, 43 or 75 by number and page is measurably more precise than one that describes conduct in the abstract. The schedule’s own framing sentence — that circumstances “should be given more consideration than the presence or absence of physical injury” (row 31) — is the Bureau’s language, not ours.

Row 43 is the restrictive-housing hook. “Failure to properly or accurately conduct rounds in restrictive housing settings,” with the explanation that the penalty “can and will be impacted by the effect of the failure (i.e., inmate injury or death), and the number of missed rounds,” is the Bureau’s own acknowledgment that missed rounds in the SHU are a recognized category of staff failure with an anticipated causal link to harm. Where a client was injured in restricted housing, that row and the use of force policy are the two agency texts to pair with the medical record.

Section 9 changes the shape of a staff witness. During an official investigation, employees “are to cooperate fully, truthfully, and completely by appearing for any scheduled interview(s) and providing all information they may have, consistent with Constitutional protections,” including “providing a signed affidavit if requested,” and refusal or hindrance is subject to discipline up to removal (PS 3420.14 at p. 14). The BP-A0194, Warning and Assurance to Employee Required to Provide Information, is the form given to a subject of an Office of Internal Affairs investigation (p. 15). Whether any resulting statement is later obtainable is a discovery and FOIA question, not one this policy answers — but its existence is a fact worth knowing before a FOIA request is drafted.

Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: When a client tells us about staff conduct, the first thing we ask for is not an account — it is the paper. Dates. The cop-out and its copy. Which unit, which shift, who else was present. Whether a shot, a transfer or a program change followed, and how soon. That sequence is what makes a filing checkable, and it is what a reviewing official can act on. What we do not do is tell a client what the complaint will produce, because nobody can. The point of building the record properly is that it stays useful whichever way the complaint goes.

What changed from PS 3420.13 to 3420.14

PS 3420.14 rescinded PS 3420.13 after eight days. The prior edition was dated May 7, 2026; this one is dated May 15, 2026. The Bureau’s entire Summary of Changes for the reissue reads: “Updates credential requirements” (PS 3420.14 at p. 1). That is the whole stated change, and the substantive difference sits in Section 13, Credentials, at pp. 17–18.

What Section 13 now says is worth reading because it is unusually specific. Bureau credentials or badges “will not be used to coerce, intimidate, or deceive others”; employees “may not obtain or use identification cards, credentials, or badges from sources other than the Bureau, that give the appearance of being an official Bureau or law enforcement identification card, credential, or badge”; and employees “may not disclose their Bureau position or use Bureau-issued identification cards, credentials, or badges to persuade any law enforcement officer or entity to refrain from making an arrest or issuing a traffic citation.” On the Law Enforcement Officers Safety Act, employees “should not use their credentials to confirm eligibility under LEOSA, as Bureau cards, credentials, and badges do not confer such eligibility,” and “may never use Bureau-issued identification cards, credentials, or badges to represent that it is a Bureau requirement to carry a personal firearm on or off duty.” Misuse of DOJ identification is offense 54 in the schedule, carrying a 30-day-suspension-to-removal first-offense range and an indefinite reckoning period (PS 3420.14 at p. 40).

The wider picture is that this policy is now being revised at speed. Two editions inside nine days is not the historical pattern for this Program Statement. PS 5840.04, still in force from 1999, references this policy as “PS 3420.09 Standards of Employee Conduct (2/5/99)” — five editions ago. Some material still in circulation refers to PS 3420.11 or PS 3420.12; those numbers are superseded, and anything relying on them should be re-anchored to the May 15, 2026 edition. When a policy is being reissued this often, the edition number and date on a document you are handed matter, and it is worth checking which edition was in force on the date of the conduct at issue.

One item in the 2026 edition has not kept pace. At p. 14 the Program Statement introduces its contraband section with a quotation: “Per 28 C.F.R. § 500.1(h), contraband is defined as ‘material prohibited by law, or by regulation, or material which can reasonably be expected to cause physical injury or adversely affect the security, safety, or good order of the institution.'” The regulation in force reads differently. 28 C.F.R. § 500.1(h) now provides: “Contraband is material prohibited by law, regulation, or policy that can reasonably be expected to cause physical injury or adversely affect the safety, security, or good order of the facility or protection of the public.” The current definition adds policy as a source of prohibition and extends the harm to protection of the public, and it speaks of a facility rather than an institution. The regulation was amended to its present form in 2015. The 2026 Program Statement quotes the older text.

That divergence is worth knowing rather than dramatizing. On its face the current regulation is the broader of the two, and the Bureau’s own instruction is quoting the narrower. Where a contraband question turns on the precise wording — a staff-introduction allegation, a search, a disciplinary charge — the regulation is the text that binds.

Where people get stuck choosing which door to use

“Who do I even tell?” There is more than one door, and choosing the right one matters more than choosing quickly. The institution route is a written cop-out and then the administrative remedy ladder. Where the issue is sensitive, § 542.14(d)(1) sends the request direct to the Regional Director marked “Sensitive.” Where the issue is sexual, PREA requires an outside reporting channel that will forward the report and can preserve anonymity (§ 115.51(b)). The Program Statement itself names the Office of Internal Affairs and the Office of the Inspector General as authorities an employee may report to (PS 3420.14 at p. 6). Our page on reporting staff misconduct sets out the routes in detail; this page is the rulebook behind them.

“I filed and heard nothing.” Silence is common and it is not the same as failure. The value of the filing does not depend on the answer — it depends on the deadline being met and the copy being kept, because that is what preserves the next step. Watch the calendar: BP-10 within 20 calendar days of the Warden’s signed response, BP-11 within 30 calendar days of the Regional Director’s (§ 542.15(a)). Where a response never arrives, the remedy program’s own rules on non-response govern the timing of the next step; the point is not to let a deadline pass while waiting.

“Something happened right after I reported.” A disciplinary report, a housing move, a job loss or a program removal following a report is exactly what 28 C.F.R. § 115.67(c) directs the agency to monitor for, for at least 90 days, and the regulation names those very items — “any inmate disciplinary reports, housing, or program changes” — as things to watch. Say so explicitly and by citation in the next filing, attach the dates side by side, and name row 75 of Attachment A. Retaliation against an inmate who reports is a listed offense in the Bureau’s own schedule with an indefinite reckoning period.

“My family member was contacted by staff.” Preserve, do not engage. Save messages, numbers, dates and screenshots; do not delete; do not send money or bring anything in. The prohibition on staff involvement with families is in Section 5.b and in rows 33, 34, 37 and 38 of the schedule, and the Program Statement directs the employee to self-report any such contact to the CEO within 24 hours (PS 3420.14 at p. 8). A family member who cooperates with a request for contraband takes on exposure of their own; introduction of contraband is row 64.

“The officer said it was my word against theirs.” That framing is why the written, dated, contemporaneous record is the entire game. The Bureau’s own schedule assumes documentation: row 31 directs that circumstances be weighed more heavily than the presence or absence of physical injury, which only means anything if the circumstances were recorded. What can be documented is what can be considered.

Related BOP policy on employee conduct

• Reporting staff misconduct — the companion page on how and where to report; start there if you are ready to file.
• Administrative Remedy Program — the BP-9, BP-10 and BP-11 ladder and its deadlines.
• Inmate Request to Staff — the cop-out, and the informal-resolution step that precedes a formal filing.
• PREA and sexual abuse prevention — the reporting and anti-retaliation regulations for sexual abuse and harassment.
• Use of force and restraints — the operational policy behind offense 31.
• Special Housing Units and solitary confinement and SHUs — relevant to the rounds offenses at rows 42–44.
• Inmate discipline program and inmate discipline proceedings — the separate track for an incident report issued to you.
• Federal Tort Claims Act — the route where staff conduct caused injury or loss.
• Searching and detaining visitors — the policy PS 3420.14 cross-references on arrest authority and visitor searches.
• Staff correspondence about inmates (Program Statement 5840.04) — the narrower rule on staff writing about a person in custody, which points to this policy.
• News media contact (Program Statement 1480.06) — the rule on releasing staff names when an employee is the subject of a pending investigation.
• What rights do prisoners have and correctional officers and wardens — background on the constitutional picture and on who runs a federal facility.
• Where a live problem inside a facility needs work, our federal prison consulting page describes what the firm does; the legal work is handled by the firm’s attorneys.

Frequently Asked Questions About Standards of Employee Conduct

---

Program Statement 3420.14 — full text

What follows is the Bureau of Prisons’ own text, reproduced in full from the agency’s published PDF. Nothing has been summarized or condensed. Source: Program Statement 3420.14 (bop.gov).

U.S. DEPARTMENT OF JUSTICE Federal Bureau of Prisons

PROGRAM STATEMENT Standards of Employee Conduct

Approved by

William K. Marshall III Director, Federal Bureau of Prisons DPI OGC Number 3420.14 Date May 15, 2026

Summary of Changes Program Statement Rescinded:

• 3420.13, Standards of Employee Conduct (5/7/2026) Summary of Changes:
• Updates credential requirements.

1. PURPOSE AND SCOPE

To provide policies and procedures, referred to as the “Standards of Employee Conduct,” to complement those issued by the Office of Government Ethics on:

• Employee conduct and responsibility.
• Ethics in matters involving conflicts of interest.
• Post-employment restrictions.
• Procurement integrity issues.
• Attorney ethics.
• Outside employment.

These standards apply to all employees of the Bureau of Prisons (Bureau), including employees of the Public Health Service, Federal Prison Industries, and the National Institute of Corrections, and to any person detailed to any of those agencies under the Intergovernmental Personnel Act.

Such employees are subject to certain standards and prohibitions – some statutory, some regulatory, and some a matter of good ethical principles – that are essential to the efficiency of the organization.

Contractors and volunteers working in Bureau facilities also are required to conduct themselves by these standards, where applicable.

While issuances from the Office of Government Ethics and the Department of Justice (DOJ) address the basic standards and prohibitions applicable to Bureau employees, this Program Statement more specifically addresses situations that pertain to Bureau employment. It cannot, however, detail every incident that could violate the Standards of Employee Conduct.

b. Program Objectives.

• Employees will conduct themselves in a manner that demonstrates the highest levels of respect, dignity, and integrity for the Bureau, the DOJ, and the U.S. government.
• Employees will avoid situations that involve conflicts of interest with their employment.
• Employees will comply with restrictions on employment outside the Bureau and after employment with the Bureau.
• Employees will conform to procurement integrity regulations.
• Employees will uphold the ethical rules governing their professions.
• Employees will immediately report any violation, or apparent violation, of the Standards of Employee Conduct to their Chief Executive Officer (CEO) or another appropriate authority.
• Employees who fail to conduct themselves in accordance with these standards will be subject to appropriate sanctions.

2. DEFINITIONS

For the purposes of this Program Statement, the following definitions apply:

a. Chief Executive Officer (CEO). The Warden at institutions, the Director at staff training

centers, the Regional Director at regional offices, and the Assistant Director of each division in the Central Office. In some contexts, it may also include the Director or Deputy Director of the Bureau.

b. Conflict of Interest. A conflict of interest exists where responsibilities as a public servant affect, or are affected by, the employee’s private interests.

c. Criminal Organization. A criminal organization is any organization or entity recognized by

the Bureau, DOJ, or other federal, state, or local law enforcement entity as being structured or coordinated to engage in illegal activities or profiting from the criminal activities of others. It can include street gangs, prison gangs, security threat groups, motorcycle gangs, members of the mafia, or any other groups engaging in or profiting from the violation of state, local, or federal laws.

d. During the Conduct of a Procurement. The time between the beginning and end of a

procurement. The conduct of a procurement begins on the earliest date an authorized official directs a specific action be taken to initiate a procurement. These actions include:

• Drafting a specification or a statement of work.
• Reviewing and approving a specification.
• Computing requirements or a purchase request.
• Preparing or issuing a solicitation.
• Evaluating bids or proposals.
• Selecting sources.
• Conducting negotiations.
• Reviewing and approving the award of a contract or contract modification.

The conduct of a procurement ends with the award or modification of a contract or the cancellation of the procurement.

e. Former Inmate. A person who otherwise meets the definition of inmate (see definition of

“inmate” in Section 2.h.) for whom less than one year has elapsed since their release from Bureau custody or supervision of a federal court, whichever is later.

f. Government Property. Real and personal property purchased, maintained by, and/or

donated to, the federal government. Real property includes, but is not limited to, structures, buildings, and land. Personal property includes, but is not limited to, office equipment, fixtures, tools, machines, food, and other tangible items.

g. Illegal Drugs. Controlled substances acquired or used in violation of any state, local, and /or federal law.

h. Inmate. Persons in the custody of the Bureau or Bureau contract facilities, including persons charged with or convicted of offenses against the United States, D.C. Code felony offenders, persons under supervision of a federal court, and persons held as witnesses, detainees, or otherwise.

i. Law Enforcement Agency. Any local, state, or federal entity established to carry out and

enforce criminal law.

j. Negotiations. Discussion or communication with another person, or a person’s agent or

intermediary, mutually conducted with a view toward reaching an agreement regarding possible employment or procurement of goods and/or services.

k. Official Investigation. Refers to any formal process or proceeding conducted by an

authorized administrative entity (such as, but not limited to, the Office of Internal Affairs [OIA],

Office of Professional Responsibility, Office of Special Counsel, Office of Personnel Management, Security and Background Investigation Section, other qualified Bureau employees, or authorized Equal Employment Opportunity investigators), law enforcement agency (such as the Federal Bureau of Investigation or Office of the Inspector General), Congress or legislative agency (such as the General Accountability Office), other regulatory bodies (such as the Occupational Safety and Health Administration), or any other investigation or inquiry authorized by the CEO or higher-level official. It generally involves collecting or examining documentary, video, or audio evidence; interviewing witnesses and taking sworn or unsworn statements; and taking such other action as is determined to be necessary or appropriate to determine the facts or uncover the truth of a particular matter.

l. Participate. To take action as an employee through decision, approval, disapproval,

recommendation, rendering of advice, or investigation (applies to Sections 14 through 19 of this Program Statement).

m. Particular Matter. Matters that involve deliberation, decision, or action that are focused

upon the interests of specific persons, or a discrete and identifiable class of persons. The particular matters covered by this subpart include a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, or arrest.

n. Procurement Official. Any officer or employee of an agency who has participated

personally and substantially in any activities involved “during the conduct of a procurement.” This definition extends to contractors, subcontractors, consultants, experts, and advisors acting on behalf of, or providing advice to, an agency with respect to procurement (see Section 2.d.).

o. Removal. In the context of discipline or proposed disciplinary actions, removal means

removal from federal service and termination of employment with the Bureau.

p. Social Media. Social media refers to a variety of online communications, websites, and/or

tools, including social networks/platforms, applications (apps), blogs, chat rooms, and forums, to include those platforms that are widely available to the public and forums which may have limited access or membership. It may also include forums or communication tools which the user otherwise intends to be private, such as text messages, emails, messenger applications (such as Signal or Whatsapp) or direct messages within another app. Some examples of social media platforms, as of the date of this Program Statement, include, but are not limited to, Facebook, X (formerly known as Twitter), Instagram, Snapchat, Discord, and TikTok.

3. PUBLICATION AND INTERPRETATION

The CEO of each facility has the primary responsibility for ensuring that the Program Statement Standards of Employee Conduct is provided and made known to each employee, contractor,

and volunteer.

The CEO of each facility must ensure that employees are made aware of updates and revisions to the Program Statement Standards of Employee Conduct and any other expectations related to employee conduct.

Per 5 C.F.R. § 2635.107, only actions made in reliance upon advice concerning ethical issues received from the Bureau Ethics Office will be protected from disciplinary action. No other authority may provide the employee with this protection.

Where the employee’s conduct violates a criminal statute, reliance on the advice of an ethics official cannot ensure they will not be prosecuted.

Each new employee, contractor, and volunteer must receive and sign for this Program Statement at the time of appointment.

Employees, contractors, and volunteers receive and sign for updated versions of this Program Statement when issued. The BP-A0165, Acknowledgment of Receipt of Standards of Employee Conduct form is filed in the electronic Official Personnel Folder.

Employee Development Managers, Volunteer Coordinators, or other designated employees ensure that supervisors and employees receive training annually on their responsibilities under this policy.

4. GENERAL POLICY

Bureau employees are governed by regulations in 5 C.F.R. Part 2635. While this Program Statement clarifies the applications of those regulations in the Bureau, it does not and cannot specify every incident that would violate the standards of employee conduct.

In general, the Bureau expects its employees to conduct themselves in such a manner that their activities both on and off duty do not discredit the agency. Employees must:

• Conduct themselves in a manner that fosters the highest level of respect and integrity for the Bureau, the DOJ, and the U.S. government.
• Only arrest in their official capacity as permitted by 18 U.S.C. § 3050 and other relevant provisions of the United States Code, the Program Statements Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities and Employee Entrance and Search Procedures, or other authority officially granted to them.
• Avoid any actions creating the appearance they are violating federal, state, or local law or the ethical standards promulgated in this policy and the statutes.
• Avoid conflicts of interest in matters that affect their financial interests.
• Comply with post-employment restrictions.
• Conform to procurement integrity regulations.
• Uphold the ethical rules governing their professions, including complying with applicable licensing authority rules, except when they conflict with federal law.
• Follow special rules to avoid conflicts of interest when seeking employment outside the Bureau.
• Perform their duties in the safest possible manner by properly utilizing all assigned or issued personal protective equipment, complying with all applicable Occupational Safety and Health Administration (OSHA) standards, complying with applicable Bureau health and safety policies and procedures, and immediately reporting any hazards, accidents, injuries, safety incidents, or other emergencies consistent with the Program Statement National Occupational Safety and Health Policy.

As soon as practicable, but not later than 24 hours after becoming aware, each employee must report to their CEO (or other appropriate authority such as the OIA or the Office of the Inspector General) any violation, appearance of a violation, or attempted violation of these standards, or of any law, rule, or regulation, or Bureau and/or DOJ policy.

Every employee is required to immediately (no later than 24 hours) report to management any act or omission by any person that could result in a breach of institution security and/or directly impact the orderly operation of a Bureau facility.

Failure by employees to follow these regulations and policy or any other Bureau policy or relevant regulation(s) could result in disciplinary action, up to and including removal (see Attachment A).

5. PERSONAL CONDUCT

Employees are expected to conduct themselves in a manner that contributes to the orderly running of Bureau facilities. The following behavior will not be tolerated in the Bureau:

a. Alcohol/Illegal Drugs. The use of illegal drugs; the abuse of any drug; or the misuse of any drug or medication including prescription-controlled substances, is strictly prohibited. Prohibited drugs include, but are not limited to:

• Marijuana and synthetic marijuana products.
• Cocaine.
• Ecstasy.
• Heroin.
• Amphetamines (“speed” or “crank”).
• Lysergic Acid Diethylamide (LSD).
• Opiates or opioids.

Regardless of individual state legislation or initiatives, the use of any Federal Controlled Substances Act, Schedule I drug, to include marijuana and synthetic marijuana products, whether for medical, ostensible medical, or non-medical/recreational purposes, violates and is prohibited under federal law, the Federal Controlled Substances Act, and Bureau testing requirements. As such, any employee testing positive for or found to be under the influence of any such drug will be subject to appropriate discipline, up to and including removal, notwithstanding any conflicting non-federal laws, rules, regulations, or policies.

Use of cannabinoids such as cannabidiol (CBD) and delta-8 THC are not currently regulated by the Food and Drug Administration (FDA) federal regulations and employees using these products assume all risks and liability associated with such use. Employees found to test positive for THC while using these products will be subject to appropriate disciplinary action, up to and including removal, in accordance with this Program Statement and the Program Statement Drug Free Workplace.

Use of alcoholic beverages or being under the influence of alcohol while on duty or immediately before reporting for duty are prohibited. Employees found to possess a .02 or greater blood alcohol content while on duty or upon reporting for duty will be subject to appropriate disciplinary action up to and including removal.

Failure or refusal by an employee to submit to a random or reasonable suspicion drug test, alcohol test, or breathalyzer, may result in discipline up to and including removal.

b. Sexual/Personal Relationships/Contact with Inmates. Employees may not show partiality

toward, or become emotionally, physically, sexually, or financially involved with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates.

Employees may not have contact with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, except as authorized within the scope of their employment or by the CEO. Chaplains, psychologists, psychiatrists, and other clinical or medical employees designated by the CEO may continue a previously established therapeutic relationship with a former inmate in accordance with their codes of professional conduct and responsibility. These employees must obtain prior approval from the CEO to communicate with former inmates, their family members, or associates. All communication must occur from an institution setting. Employees must report any unauthorized communication with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates within 24 hours of the contact or communication.

Bureau employees may not serve as volunteers in Bureau facilities or programs, regardless of the purpose or content of the program. Bureau employees may not act as participants in any inmate programs without authorization from the CEO.

An employee may not engage in, or allow another person to engage in, sexual behavior with an inmate. There is no such thing as consensual sex between employees and inmates.

Title 18, U.S. Code Chapter 109A provides penalties of up to life imprisonment for sexual abuse of inmates where force is used or threatened. Sexual contact is defined as the intentional touching of the genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire of any person.

Penetration is not required to support a conviction for sexual contact. All allegations of sexual abuse will be thoroughly investigated and, when appropriate, referred to the appropriate authorities for prosecution.

Employees are subject to disciplinary action, up to and including removal, for any inappropriate communication, contact, sexual behavior, or relationship with inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, regardless of whether such contact constitutes a prosecutable crime. Physical contact is not required to subject an employee to discipline up to and including removal for misconduct of a sexual nature.

An employee may not offer or give to inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, any gift, article, favor, or service that is not authorized in the performance of the employee’s duties.

Employees are prohibited from accepting any gift, article, favor, or personal service from inmates; former inmates; or family members, associates, or close friends of inmates or former inmates, that is not authorized in the performance of the employee’s duties. This prohibition includes becoming involved with family members, close friends, or associates of inmates.

An employee may not show favoritism or give preferential treatment to one inmate, or a group of inmates, over another.

Employees must report to the CEO immediately (but not later than 24 hours after becoming aware) if the employee’s family members, close friends, or other associates are or may be incarcerated, regardless of whether that incarceration is in a Bureau, Bureau contracted, or non-Bureau federal facility, or otherwise under the supervision of a federal court. An employee who becomes involved in circumstances as described in this section (or any situation that might give the appearance of improper involvement with inmates or former inmates or their families, or known associates, including employees whose relatives are inmates or former inmates) must report the contact in writing to the CEO as soon as practicable (but not later than 24 hours after becoming aware). This includes, but is not limited to, telephone calls, written communications, or other electronic communications such as text messages or social media with such persons outside the normal scope of employment. The employee will then be instructed as to the appropriate course of action by the CEO or their designee.

c. Associations with Criminal Organizations. Association with criminal organizations is

incompatible with the Bureau’s law enforcement mission. As such, all employees (regardless of whether they are considered primary law enforcement, secondary law enforcement, or non-law enforcement) must avoid associating or the appearance of association with known criminal organizations or members or associates of known criminal organizations. This includes, but is not limited to social activities, social media posts, photographs, videos, or personal conduct such as tattoos, use of gang related language, speech, terminology, or hand gestures; or romantic, sexual, or financial relationships with known or suspected members of criminal organizations recognized as such by the Bureau or other law enforcement entities.

d. Supervisor/Subordinate Relationships. Romantic, sexual, emotional and/or financial

relationships between a supervisor and subordinate employee have the potential to create significant problems within the workplace. Supervisors are responsible for ensuring their interactions do not impact their impartiality or appearance of impartiality with subordinate employees. Supervisors must not engage in a sexual, emotional, romantic, or financial relationship with a subordinate employee(s), including employees over whom the supervisor may exert supervisory control. When such a relationship exists, appropriate steps will be taken, in consultation with the Bureau Ethics Officer, to determine whether to sever the supervisor-subordinate relationship. Additionally, if appropriate, the supervisor may be recused from all official matters (including rating or reviewing employee performance, assigning work, approving leave, granting awards or any involvement in personnel recommendations and decisions) affecting (or appearing to affect) the subordinate with whom the relationship exists and potentially other subordinate employees within the same work group as determined to be necessary. Supervisors who engage in any such relationships with a subordinate(s) may be subject discipline up to and including removal. This provision does not prohibit supervisors from attending the same social events, religious institutions, or social clubs or organizations as their employees, or from generally socializing outside of work, provided such activities do not impact their impartiality or create the appearance of impacting their impartiality.

While sexual, romantic, emotional, and financial relationships are generally not otherwise prohibited among employees, care must be taken to ensure such relationships do not lead to behavior which could be construed as harassment, creating a hostile work environment, bullying, or other inappropriate conduct. Such behavior may subject the employee to appropriate disciplinary action, up to and including removal.

e. Social Media. While engaging in social media activity, employees are responsible for

following statutes, regulations, and policies that govern federal employees generally, and DOJ employees specifically. This includes but is not limited to, the Hatch Act, the Standards of Ethical Conduct for Employees of the Executive Branch, and the DOJ Personal Use of Social Media policy, which apply to an employee’s personal use of social media, including closed and restricted access social media groups. Social media may never be used in a way that violates Bureau or DOJ policies or compromises correctional or informational security. This includes, but

is not limited to, the following Program Statements:

• Release of Information
• Anti-Discrimination Policy
• Anti-Harassment Policy
• Workplace Violence Prevention, Staff

Employees must not post any material on social media sites that could adversely affect the confidence of the public in the integrity of the DOJ or the Bureau; or which could be construed as damaging the efficiency of the DOJ or Bureau and the work it performs through its employees. Specifically, employees may not use social media in a way that affects the maintenance of trust and confidence between supervisors and employees; that hinders the social media user’s ability to perform the essential functions of their role as a federal employee; or that presents obvious risks to professional and mutually respectful collaboration among employees and may impact the orderly and efficient running of the correctional facility or office.

Employees may not use social media in a manner which creates the appearance of engaging in criminal activity or associating with criminal actors or entities. Employees may not use social media to engage in harassing or discriminatory conduct toward others (individuals or groups) based on their race, color, religion, national origin, sex, age, disability (physical or mental), genetic information, status as a parent, sexual orientation, marital status, political affiliation, or any other protected status. Likewise, employees may not use social media to make threatening statements toward other employees or groups of employees.

Employees must not post on social media non-public information gained through federal employment and/or that the employee knows or reasonably could have known is not accessible to the general public. This includes, but is not limited to, information that is exempt from disclosure under 5 U.S.C. 552; is protected from disclosure by statute, Executive order, or regulation; is designated as confidential by an agency; or has not actually been disseminated to the general public and is not authorized to be made available to the public upon request.

When utilizing social media platforms, unless authorized in the performance of their duties or by law, employees must not state or imply that their personal opinions and social media content are authorized or endorsed by the Bureau or the DOJ. In situations in which there may be confusion about whether an employee is communicating in an official or personal capacity, employees will include a disclaimer on their personal pages or posts stating that they are communicating in a personal/individual capacity. Employees may not engage in anonymous online activity (or use a pseudonym) to engage in conduct or communication that they otherwise would not be permitted to engage in if their identities were known. Employees may not provide documents or information to another individual or non-employee to engage in social media communication that the employee would not otherwise be permitted to engage in themselves. Employees may not establish social media accounts on behalf of the Bureau without prior authorization through the

Office of Public Affairs.

Unless authorized to do so, in the performance of their duties, employees may not take or post on social media photographs, video, or audio recordings from within any Bureau-owned or contracted correctional or residential facility, training facility, administrative facility (e.g., Central Office, regional offices, or the Grand Prairie Office Complex), offices, Bureau vehicle, or in the course of inmate transportation or supervision in the community (e.g., airlifts, medical flights, and hospital escorts), as such may compromise correctional security, public safety and/or implicate individual privacy. This does not apply to reposting photographs, video, or audio recordings, which are otherwise publicly available.

Consistent with the above restrictions, and the DOJ Social Media Policy, employees are not permitted to:

• Conduct official business on personal social media accounts.
• Include their official DOJ position or title in any social media activity that is related to the work of the DOJ.
• Repost official DOJ information, such as press releases, or comment on the DOJ’s work.
• Engage in social media activity in a way that may be perceived by a reasonable person as injecting their political views into the work they perform as a DOJ employee, or that may cause the public to perceive that their ability to be apolitical and impartial in the performance of their official duties is tainted.
• Make false statements or statements in reckless disregard for the truth about any person, particularly those with whom the DOJ engages, such as judges or other public officials.
• Make comments or post, repost, “like,” or upvote the social media content of others that may be perceived by a reasonable person as conflicting with, or interfering in, the proper and effective performance of their official duties and responsibilities; that creates an appearance that their official duties were performed in a biased manner; or that creates an appearance of official DOJ sanction or endorsement of the position espoused by the employee.

All employees must properly safeguard confidential, privileged, classified, privacy-protected, and sensitive DOJ information. Employees are generally restricted from publicly releasing any comments or information regarding matters the DOJ is involved with that may reasonably be expected to influence the outcome of that matter, including observations about a criminal defendant’s or inmate’s character or their opinion as to a criminal defendant’s guilt.

These requirements are not intended to restrict the authority Bureau leaders have to engage in public communications on social media to promote the Bureau’s work and further valid community engagement objectives.

Bureau attorneys should also be aware that the rules of professional conduct in their respective

jurisdictions may further limit their personal use of social media. For example:

• Attorneys should not post personal opinions on social media that are contrary to the positions that the attorney is advocating for on behalf of the United States, because doing so may create a conflict of interest, or may cause the attorney to become a necessary witness in a matter.
• Attorneys must appropriately safeguard the United States’ confidential information from impermissible disclosure on social media.
• Attorneys are generally prohibited from making statements on social media that have a substantial likelihood of materially prejudicing an adjudicative proceeding, or that are likely to heighten condemnation of an accused.
• Attorneys are prohibited from making statements on social media the attorney knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, administrative judge, or other third-party overseeing a case or administrative matter in which the Bureau or Bureau employees appear as a party in their official capacities.

Employees should contact the Ethics Office for additional guidance concerning social media use.

f. Use of Force. Consistent with other Program Statements, policies, and regulations:

An employee may not use brutality, physical violence, or intimidation toward inmates, or use any force beyond what is reasonably necessary to subdue or control an inmate.

Bureau employees in law enforcement positions must also recognize and act upon the affirmative duty to intervene to prevent or stop, as appropriate, any fellow Bureau employee from engaging in excessive force, brutality, physical violence, threats, intimidation, or any other use of force that violates the Constitution, other federal laws, or Bureau policies on the reasonable use of force.

g. Additional Conduct Issues. In their official capacity, employees must act professionally in all interactions and communications and may not use profane, obscene, demeaning, or abusive language when communicating with inmates, fellow employees, volunteers, contractors, visitors, or others. Employees must conduct themselves in a manner that will not be demeaning to inmates, fellow employees, volunteers, contractors, visitors, or others. This requirement extends to the employee’s off-duty conduct, if there is a nexus between the employee’s conduct and their position.

Employees must avoid situations that give rise to a conflict of interest or the appearance of a conflict of interest (see Section 2, Definitions).

Employees must not participate in conduct that would lead a reasonable person to question their

impartiality.

6. RESPONSIVENESS

Inattention to duty in a correctional environment can result in escapes, assaults, and other incidents. Employees are required to remain fully alert and attentive during duty hours.

Because failure to respond to an emergency may jeopardize the security of the institution, as well as the lives of employees or inmates, it is mandatory that employees respond immediately, effectively, and appropriately (in accordance with local response plans) during all emergency situations.

Employees are to obey the lawful orders of their superiors at all times. In an emergency situation, carrying out the orders of those in command is imperative to ensure the security of the institution. If an employee is unable to carry out supervisory instructions in a timely manner, whether oral or written (such as Post Orders), the employee is obligated to immediately report such inability to an appropriate supervisor to seek guidance.

7. ILLEGAL ACTIVITIES

Illegal activities on the part of any employee, in addition to being unlawful, reflect on the integrity of the Bureau and betray the trust and confidence placed in it and its employees by the public.

It is expected that employees obey not only the letter of the law, but also the spirit of the law, while engaged in personal or official activities.

Should an employee be arrested for, charged with, or convicted of any felony or misdemeanor, that employee must inform and provide a written report to the CEO as soon as practicable (but not later than 24-hours after being arrested and/or charged, and/or convicted). In addition, when subject to criminal prosecution for any felony or misdemeanor offense, an employee must provide the CEO timely updates in writing (no less than 24 hours later) of any significant events occurring in the criminal proceedings including, but not limited to, the filing of any criminal Complaint, Information, or Indictment; any plea agreement reached with the prosecutor; and any court order or court docket minutes pertaining to the results of any hearings including, but not limited to, any orders binding the employee over for trial, adjudicating the employee’s guilt, sentencing the employee, and/or dismissing the criminal case.

Employees who are subject to home detention or other form of supervision which includes court ordered electronic monitoring (such as GPS enabled ankle bracelets) must inform their CEO immediately (no less than 24 hours upon receipt of any court order or instructions). Such employees will be restricted from accessing Bureau facilities. Such monitoring is incompatible

with the Bureau’s law enforcement mission. These employees are not considered ready, willing, and able to report to work and must arrange to utilize their accrued leave or request another approved status (such as leave without pay) for the duration of the supervision period.

8. INTRODUCTION OF CONTRABAND

Per 28 C.F.R. § 500.1(h), contraband is defined as “material prohibited by law, or by regulation, or material which can reasonably be expected to cause physical injury or adversely affect the security, safety, or good order of the institution.”

Introducing or attempting to introduce contraband into or upon the grounds of any federal correctional institution or taking or attempting to take contraband out of it, without the CEO’s knowledge and consent, is prohibited and may result in appropriate disciplinary action up to and including removal.

Employees may bring personal items into or upon the grounds of an institution, unless otherwise prohibited by the CEO. Such items must remain in the possession of the employee, and/or be secured away from inmates, and disposed of properly when no longer needed. Under no circumstances, however, may employees bring personal weapons (such as knives, firearms, or ammunition) or personal communication devices (such as cellular phones; internet connected watches, glasses, tablets, and other peripheral or wearable devices; or computers) into or upon the grounds of the institution, unless otherwise authorized by Bureau policy or by the CEO. Employees found to be in possession of such weapons or communication devices at the screening site, inside the secure perimeter of the institution, or in other areas generally accessible by inmates may be subject to appropriate disciplinary action up to and including removal.

The Bureau retains the right to conduct searches of employees when such a search is believed to be necessary to ensure institution safety and secure operations. When such searches are authorized, they will be conducted in accordance with the Program Statement Employee Entrance and Search Procedures.

In accordance with Program Statement Staff Personal Weapons Storage, employees who seek to store their personally owned handgun and ammunition on Bureau grounds (including in their personal vehicle while it is parked on Bureau grounds) must utilize the BP-A0584, Staff Personal Weapons Declaration form, and obtain approval from the CEO prior to bringing/storing personal weapons onto Bureau grounds.

9. OFFICIAL INVESTIGATION

During the course of an official investigation, employees are to cooperate fully, truthfully, and completely by appearing for any scheduled interview(s) and providing all information they may have, consistent with Constitutional protections. Full cooperation requires truthfully and fully

responding to questions and providing a signed affidavit if requested. Full cooperation also includes refraining from discussing any pending investigation with other potential witnesses and/or subjects. Any employee who fails to cooperate fully or who hinders an investigation is subject to disciplinary action up to and including removal.

The BP-A0194, Warning and Assurance to Employee Required to Provide Information form will be provided to the employee who is the subject of an investigation overseen by the OIA. In official investigations overseen by the OIA, an employee will be provided with a copy of their signed affidavit upon request, absent rare or exigent circumstances.

Employees must respond truthfully, completely, and in a timely manner to requests for information related to their background security investigation and any re-investigation. Failure to do so may result in disciplinary action up to and including removal.

Employees must respond truthfully and in a timely manner to authorized requests for information from EEO investigators and/or administrative forums. If a Bureau employee is ordered to attend and testify at a judicial or administrative hearing in their official capacity, that employee is obligated to comply. Failure to do so may result in disciplinary action up to and including removal.

10. JUST DEBTS

Failure on the part of any employee, without good reason and in a timely manner, to honor debts acknowledged by them to be valid or reduced to judgment by a court, or to adhere to satisfactory arrangements for the settlement of the debts, may result in appropriate disciplinary action up to and including removal.

Depending on the circumstances, an employee who receives a legally valid garnishment order may be subject to disciplinary action up to and including removal.

11. CONFIDENTIALITY

Employees of the Bureau have access to official information ranging from personal data concerning employees and inmates to information involving institution security. Because of the varying degrees of sensitivity, such information may be disclosed or released only as required in the performance of an employee’s official duties or upon specific authorization from someone who has the authority to release official information. The only persons so authorized are:

• In the Central Office, the Assistant Director or designee.
• In a Regional Office, the Regional Director or designee.
• In other locations, the CEO or designee.

The above must not be construed as a reason to deny authorized persons access to official records and files. The Bureau has an obligation to supply official information, as authorized by federal law, in response to requests from organizations or individuals who have been properly identified and are acting in an official capacity.

To ensure the proper use of official information, the following rules of conduct are established:

• Employees must verify the identification and authority of individuals requesting access to information before giving or discussing records, personnel files, or other official information.
• Employees may not deny authorized persons access to official information.
• Employees may not use, or release for use, official information for private purposes unless that information is available to the general public.
• Employees may not remove information from files or make copies of records or documents, except in accordance with applicable laws, established procedures or upon proper authorization.
• Employees may not make statements or release official information that could breach the security of the institution or endanger any person.
• Employees must guard against providing or disclosing official information to persons without a valid need to know such information.
• Former employees may be granted access only to information available to the general public and have no greater standing than the general public, irrespective of their past employment and any associations developed during it.

12. GOVERNMENT PROPERTY

Government property is to be used for authorized purposes only. Authorized purposes include personal use of government office equipment such as computers, printers, fax machines, telephones, copiers, calculators, and government-issued cellular phones, provided there is only a negligible cost to the government. The de minimis use exception only applies to government office equipment and does not apply to other government property.

Personal use of office equipment may take place before or after official working hours or during non-paid meal breaks. Negligible costs are those which have no adverse impact on the government and include, but are not limited to, the cost of electricity, ink, and ordinary wear and tear. Employees must provide their own paper.

Personal use of office equipment will not take place during official working hours, with the following exceptions:

a. Office and Cellular Telephones. Employees may place a personal call on a government

telephone during official working hours if the call:

• Does not adversely affect the Bureau or the performance of official duties by the employee.
• Is of reasonable duration and frequency.
• Could not reasonably have been made at another time.
• Is a toll-free number and within the employee’s local commuting area (not applicable to cellular telephones).

Employees do not have an expectation of privacy with respect to emails, text messages, telephone calls, or other electronic communications placed from or received by their government telephone or computer, or other government-owned communication equipment. Employees further have no right to privacy related to internet searches or artificial intelligence searches conducted on government-owned telephones, computers, networks, or other communication devices.

b. Government Email. Email functionality within government information systems must be

utilized exclusively for authorized, mission-related communication. This includes, but is not limited to, mass emails, distribution groups (DGs), messages to individual recipients, and the use of CC and BCC fields. Any use of such capabilities for improper, unauthorized, or nefarious purposes is strictly prohibited and may result in discipline up to and including removal.

c. Fitness Equipment. Employees may use government-owned fitness equipment before or

after duty hours, or during breaks, if such equipment is intended exclusively for employee use.

This policy does not prevent the establishment of additional rules or restrictions, for business reasons, on the use of government property.

d. Institution Vehicles. Staff assigned to utilize an institution vehicle must remain awake, alert, and attentive at all times when operating the vehicle.

Staff assigned to operate an institution vehicle must ensure the vehicle is utilized only for the purpose and in the manner indicated by the post or work assignment. This means institution vehicles must only be utilized on roads or other areas intended for their use. Staff may not operate institution vehicles while under the influence of alcohol, drugs, or other medications which may impair their ability to operate a motor vehicle. Staff who are so impaired must notify the Operations Lieutenant and request sick leave or, if appropriate, to be reassigned to a different post.

13. CREDENTIALS

Bureau credentials or badges will not be used to coerce, intimidate, or deceive others. Identification issued by the Bureau may only be used by employees for official purposes. Employees may not obtain or use identification cards, credentials, or badges from sources other

than the Bureau, that give the appearance of being an official Bureau or law enforcement identification card, credential, or badge. Employees may use Bureau-issued identification cards and credentials to prove government employment for purposes of permissible discounts offered to a broad class of government employees.

Bureau identification cards, credentials, and/or badges may be used by employees to verify Bureau employment to any entity. However, employees may not disclose their Bureau position or use Bureau-issued identification cards, credentials, or badges to persuade any law enforcement officer or entity to refrain from making an arrest or issuing a traffic citation.

With respect to the Law Enforcement Officers Safety Act (LEOSA), employees may present their Bureau identification cards, credentials, or badges when necessary to verify Bureau employment. However, employees should not use their credentials to confirm eligibility under LEOSA, as Bureau cards, credentials, and badges do not confer such eligibility. Employees have an independent obligation to ensure they meet all the legally required criteria under LEOSA to carry a personal firearm. Guidance on employee’s responsibilities under LEOSA can be found in the memorandum titled “Guidance Regarding the Law Enforcement Officers Safety Act (LEOSA).”

Off-duty employees must not misrepresent that they are acting in furtherance of their official Bureau duties. Employees may never use Bureau-issued identification cards, credentials, or badges to represent that it is a Bureau requirement to carry a personal firearm on or off duty.

Doing so may result in appropriate disciplinary action up to and including removal.

14. OUTSIDE EMPLOYMENT

a. Definitions. (for purposes of this section)

(1) Criminal Matters. Involvement with federal, state, or local law enforcement agencies, matters carried out under title 18 of the United States Code, involvement with federal, state, or local inmates.

(2) Outside Employment. Any form of employment, business relationship, or activity involving the provision of personal services, whether or not for compensation, other than when discharging official duties.

It includes, but is not limited to, services as a lawyer, officer, director, trustee, employee, agent consultant, contractor, or general partner (see 5 C.F.R. § 3801.106). Outside employment may also include speaking, writing, and teaching (see 5 C.F.R. § 2635.807).

b. General Limitations. An employee may not engage in outside employment, as defined

above, that conflicts with their official duties. In addition, employees may not engage in:

• Any outside employment or activity that involves representations before the federal government (see 18 U.S.C. § 205).
• The practice of law, unless it is uncompensated and in the nature of community service, or unless it is on behalf of the employee or their parents, spouse, or children (see 5 C.F.R. § 3801.106(b)(1)(i)).
• Any outside employment or activity that involves criminal matters or habeas corpus matters, be it federal, state, or local (see 5 C.F.R. § 3801.106(b)(1)(ii).
• Litigation, investigations, grants, or other matters in which the DOJ is or represents a party, witness, litigant, investigator, or grant-maker (see 5 C.F.R. § 3801.106(b)(1)(iii)).

c. Approval.

(1) Prior Approval. An employee must obtain written approval before engaging in outside employment (as defined above) which involves:

(i) Outside Employment Within One’s Profession. Employees serving in the professions listed below, including other employees who may not officially serve in those positions but are licensed as a psychologist, physician, or attorney, wishing to engage in outside employment within that profession must utilize the BP-A0543, Request for Outside Employment Within One’s Profession form, and obtain the approval of their immediate supervisor, CEO, Regional Director or Assistant Director, and the Director prior to starting their outside employment activity. This is required, even if employed by the Bureau in another position.

• Architect.
• Attorney.
• Chaplain.
• Physician.
• Psychologist.

Attorneys who seek to practice law outside the Bureau must also refer to Section 15, Rules for Attorneys.

For the purpose of this subsection, teaching, writing, and speaking are not considered practicing within one’s profession.

(ii) Outside Employment Involving Use of a Weapon. Employees seeking to engage in outside employment that involves the use of a weapon must utilize the BP-A0166, Request for Approval for Outside Employment form, and obtain approval from their supervisor, CEO, and the Ethics Officer prior to starting their proposed outside

employment.

(iii)All Other Positions Seeking Prior Approval. For any employee who is not otherwise required to seek prior approval may obtain formal review and approval prior to beginning their outside position by submitting form BP-A0166.

(2) Notification. All other employees engaging in outside employment in accordance with this section must provide written notification to the CEO, by submitting the BP-A0927, Notification of Outside Employment form within 30 days from the date outside employment begins.

(3) Exceptions. Unless required to seek prior approval, employees who perform voluntary service, which specifically involves employees’ club or credit union, which does not conflict with their official duties or with the Bureau’s mission, are exempt from the requirement to request approval or submit notification for these activities. Only the specific voluntary service activities outlined above are exempt. All other voluntary service activities must have the appropriate outside employment form on file.

(4) Other Requirements.

• Any approval granted for outside employment or activity applies only to the particular position or activity referenced in the application and approval.
• Any employee whose outside employment status changes (e.g., due to accepting a different position with the same company, beginning work for a different company, a change of Bureau duty station, a change of Bureau position), must submit a new request form, and receive approval for the outside employment per Section 14(c)(1) or (c)(2), above.
• Any employee who wishes to serve as an officer or director of any organization, whether compensated or uncompensated, must complete an outside employment request form. Certain high-level officials who wish to serve as an officer or director of an organization must submit the request through the Director to the Deputy Attorney General. For further guidance, see 18 U.S.C. Section 208.

(5) Waiver. Employees whose request for approval has been denied in accordance with the General Limitations in Section 14.b. may request a waiver from the Ethics Official per 5 C.F.R. § 3801.106(b)(2).

d. Expert Witness. An employee may not serve, other than on behalf of the United States, as

an expert witness (with or without compensation) in any proceeding before a court or agency of the United States in which the United States is a party unless their participation is authorized by the Bureau. Authorization may be provided by the Bureau Ethics Officer, per 5 C.F.R. § 2635.805(c).

e. Other Government Employment. With limited exceptions, Bureau employees may not be

employed by or contract for employment with any other federal or law enforcement agency while employed by the Bureau. This prohibition does not apply to federal military service, including reserve duty and National Guard service.

f. Guidance. Employees should contact the Ethics Office for guidance concerning outside

employment.

15. RULES FOR ATTORNEYS

a. Approval of Exceptions. Attorneys for the Bureau may not practice law for compensation on

behalf of any other person or entity without the written approval of the Deputy Attorney General. However, Bureau attorneys may perform uncompensated legal practice outside the Bureau if:

• The work is in the nature of community service, or is on behalf of themselves, their parents, spouse, or children.
• The work does not violate 18 U.S.C. §§ 203 and 205.
• The General Counsel has approved the request.
• The work does not involve criminal matters.

b. Confidentiality. Only under limited circumstances does the attorney/client privilege of

confidentiality apply to communications with a Bureau employee.

c. Successive Government and Private Employment. A former Bureau attorney may not

represent a private client in connection with a matter in which the attorney participated personally and substantially as a public officer. In such a case, the attorney’s firm may have obligations to screen the former employee under applicable bar rules from any participation in the matter in which they participated in personally and is awarded no part of the fee. Like any Bureau employee, an attorney may not negotiate for private employment with any party involved in a Bureau matter in which they are participating personally and substantially.

d. Other Duties. In addition to the ethical rules attorneys must follow, the duties of a Bureau attorney are further defined by federal regulations and Bureau policy.

16. CONFLICTS OF INTEREST

Bureau employees, acting in their official capacities, must avoid situations that affect or appear to affect their private interests, financial or non-financial. An employee may not engage in outside activities that conflict with their official duties.

Bureau employees must not purchase, directly or indirectly, from the DOJ, the Bureau, or the agent of either property formerly used by the Bureau. Without written approval, an employee

may not purchase or use property that has been forfeited to the government and offered for sale by the DOJ, Bureau, or the agent of either (5 C.F.R. § 3801.104). Employees seeking approval must submit a request to the Ethics Officer.

a. Prohibitions. Employees are prohibited from taking official action, on behalf of the

government, on matters that affect the financial interests of:

• The employee, spouse, minor child, or a general partner of an employee.
• An organization where the employee is an officer, director, trustee, partner, or employee.
• An organization the employee is negotiating with for future employment (18 U.S.C. § 208).

b. Waivers. The Director may grant an individual waiver if the interest is found not to be so

substantial as to affect the employee’s service to the Bureau.

An employee with a conflict of interest may ask to have themselves recused from the matter, sell the asset, or resign.

An employee must seek written authorization before participating in a matter that could lead a reasonable person to question their impartiality, even if there is no statutory conflict of interest (5 C.F.R. § 2635.502).

Procurement officials: see Section 19, Procurement Integrity.

17. SEEKING OTHER EMPLOYMENT

A Bureau employee who wishes to seek employment with persons who would be affected by the performance or nonperformance of the employee’s official duties is required to disqualify themselves from participation in any matter that will have a direct and predictable effect on the financial interests of the person with whom they are negotiating. In order for an employee to disqualify themselves, they must first seek approval from their supervisor to confirm they can complete their duties in a state of recusal.

When an employee is not actually negotiating for employment, but lacks impartiality in dealing with a prospective employer, the employee should disqualify themselves.

A Bureau employee who is or should be aware of the need to disqualify themselves from participation in a particular matter must contact their supervisor and request in writing to be removed from the matter.

18. POST EMPLOYMENT

The Office of Government Ethics has issued post-employment restrictions for federal employees who leave federal service, as outlined in 18 U.S.C. § 207. There is a general restriction on the representation of parties in matters related to their federal employment. This restriction is not designed to bar an individual from accepting employment with any private or public employer after their service at the Bureau but does prohibit certain acts that are detrimental to public confidence in government. Any employee interested in seeking post-employment should contact the Bureau’s Ethics Office for guidance prior to proceeding.

a. Lifetime Prohibition. Former Bureau employees are prohibited from representing another

party before the government on a particular matter involving specific parties in which they participated personally and substantially while working for the government. This lifetime prohibition does not apply to:

• An appearance or communication involving purely social contacts.
• A request for publicly available documents.
• A request for purely factual information or the supplying of such information (18 U.S.C. § 207(a)(1)).

b. Two-Year Prohibition. After leaving the Bureau, a former employee is restricted from

acting as a representative on a particular matter for which the employee had official responsibility, rather than personal participation. A two-year restriction applies if the former employee knew, or reasonably should have known, that the matter was pending under their official responsibility during their last year of government service (18 U.S.C. § 207(a)(2)).

c. One-Year Prohibition. Former senior-level employees who meet a certain compensation

threshold (please consult with the Ethics Office for the current threshold) are prohibited for one year from representing any party before or making any communications with the intent to influence to any government agency (18 U.S.C. § 207(c)).

19. PROCUREMENT INTEGRITY

During the conduct of a procurement, a procurement official is prohibited from knowingly, directly, or indirectly, soliciting or accepting any promise of future employment or business from an officer, employee, representative, agent, or consultant of a competing contractor. This prohibition includes engaging in any discussion of future employment or business opportunity. See the Procurement Integrity Act, 41 U.S.C. § 423.

a. Recusal To Discuss Employment. In certain instances, a procurement official may obtain

permission to withdraw from further participation in a procurement to discuss future employment with a competing contractor. An eligible procurement official may, in accordance with specific

procedures in the regulations, request to be recused from participation in the procurement. A procurement official is not eligible for recusal if, during the period beginning with the issuance of a procurement solicitation and ending with the award of a contract, they have participated personally and substantially in the evaluation of bids or proposals, the selection of sources, or the conduct of negotiations.

An individual may not commence discussions with a competing contractor until they have received written approval of the recusal request from their supervisor.

Rejection of a recusal request is not an adverse personnel action.

b. Post-Employment Restrictions for Procurement Officials. The Procurement Integrity Act

places restrictions on employees involved in procurement who leave federal service. A former procurement official cannot, for one year after their last personal and substantial involvement in a procurement in excess of $10,000,000, accept compensation from such contractor as an employee, officer, director, or consultant. This does not prohibit former procurement officials from accepting compensation from any division or affiliate of a contractor that does not produce the same or similar products or services for which the employee contracted while a government employee.

REFERENCES

Program Statements Anti-Discrimination Policy Anti-Harassment Policy Drug Free Workplace Employee Entrance and Search Procedures Information Security National Occupational Safety and Health Policy Release of Information Searching, Detaining, or Arresting Visitors to Bureau Grounds and Facilities Staff Personal Weapon Storage Workplace Violence Prevention, Staff

Federal Statutes P.L. 108-277 Law Enforcement Officers Safety Act of 2004 5 U.S.C. Chapter 43 5 U.S.C. Chapter 75 18 U.S.C. § 201 Bribery; Illegal Gratuities 18 U.S.C. § 203 Representational Issues 18 U.S.C. § 205 Representational Issues 18 U.S.C. § 207 Post-Employment Statute 18 U.S.C. § 208 Conflict of Interest Statute 18 U.S.C. § 2241-45 Sexual Abuse 41 U.S.C. § 423 Procurement Integrity Act

Federal Regulations 5 CFR § 2635 Standards of Ethical Conduct for Employees of the Executive Branch (8/7/1992) 5 CFR § 2637 Post-Employment (12/30/1993) 5 CFR § 2641 Post-Employment Conflict of Interest Restrictions (1/28/1992) 5 CFR § 3801 Supplemental Standards of Ethical Conduct for Employees of the Department of Justice (5/2/1997) 28 CFR § 50.15 Representation of Federal Employees Sued, Subpoenaed or Charged in Their Individual Capacities (4/9/1990) 28 CFR § 500.1 Contraband

Orders Executive Orders Prescribing Standards of Ethical Conduct 12674 and 12731 DOJ Order 1735.1 Procedures for Complying with Uniform Standards and Other Ethics Requirements (8/25/1998) DOJ Justice Manual Section 1-9.000 – Personal Use of Social Media (4/2025) Guidance Regarding the Law Enforcement Officers Safety Act (7/6/2022)

Other Standards ABA Model Rule 1.11 Successive Government and Private Employment Rules for

Lawyers (2/07/1987) ABA Model Rule 1.6 Confidentiality of Information (8/2/1983)

Bureau Forms BP-A0165 Acknowledgement of Receipt of Standards of Employee Conduct BP-A0166 Request for Approval for Outside Employment BP-A0194 Warning and Assurance to Employee Required to Provide Information BP-A0543 Request for Approval for Outside Employment Within One’s Profession BP-A0584 Staff Personal Weapons Declaration BP-A0927 Notification of Outside Employment

ACA Standards Performance-Based Standards and Expected Practices for Adult Correctional Institutions, 5 th Edition: 5-ACI-1C-05; 5-ACI-1C-16; 5-ACI-1C-22.

Performance-Based Standards for Adult Local Detention Facilities, 5 th Edition: 5-ALDF-2A-15; 5-ALDF-7C-01; 5-ALDF-7C-02.

American Correctional Association, 2nd Edition, Standards for Administration of Correctional Agencies: 2-CO-1C-01, 2-CO-1C-04, 2-CO-1C-20, 2-CO-1C-24.

Records Retention Requirements Requirements and retention guidance for records and information applicable to this program are available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet site.

Attachment A. Standard Schedule of Disciplinary Offenses and Penalties

1. This table is intended to be used as a guide in determining appropriate discipline to propose according to the type of offense committed. This schedule of offenses constitutes categories of offenses. Specific charge labels are determined based on the facts of each individual offense. The offenses listed are not inclusive of all offenses or charges.

2. Ordinarily, penalties proposed should be within the range of penalties provided for an offense and should generally be progressive in nature when applicable. In serious cases or those with aggravating factors, a penalty outside the range of penalties may be proposed. For example, federal law enforcement officers are held to a higher standard of professional conduct than other federal employees. Likewise, supervisors, because of their responsibility to demonstrate exemplary behavior, are held to a higher professional standard and may be subject to a greater penalty than is provided in the range of penalties. When a more severe penalty than provided for in the range of penalties is proposed, the notice of proposed action must identify the aggravating factors.

3. The deciding official considers all relevant circumstances to include the oral response, written response, mitigating factors, and any aggravating factors to determine the penalty to have the desired corrective effect. Discipline should be applied in a fair and reasonable manner based on the facts and circumstances of each case. However, unless certain charges are not sustained and/or unusual or unique mitigating factors exist, the deciding official should generally not mitigate the penalty more than 50% of the proposed sanction or suspension. In the case of a proposed removal, mitigation should rarely extend lower than an adverse action (15-day suspension).

4. The range of penalties provided for most offenses is intentionally broad, ranging from official reprimand to removal. While the principles of progressive discipline are normally applied, it is understood that there are offenses so egregious as to warrant severe sanctions for the first offense, up to and including removal. For example, if an incident is of a discriminatory nature based on sex, race, or other protected status, or includes sexual harassment or is a criminal matter, the penalty must be more severe. This is especially true in cases where there is no indication that the employee would be corrected by a lesser penalty, or if the offense is of such nature that reoccurrence could jeopardize institution security or bring disrepute on the Bureau. For example, if an employee failed to respond to an emergency, even if that emergency turned out to be a false alarm, removal would be appropriate if the deciding official was not convinced that the employee would respond promptly to any future emergency.

5. Where appropriate, consideration may be given to a demotion or other action in lieu of removal.

6. Suspension penalties on this schedule refer to calendar days. Except for indefinite

suspensions or other suspensions of an emergent nature, disciplinary suspensions normally begin on the first workday of the employee’s next regularly scheduled work week and continue without interruption for the duration of the suspension. While serving a suspension, an employee may not access institution grounds or perform any official duties absent specific authorization by the CEO.

7. The reckoning period for employee discipline purposes is the length of time management may consider an employee’s prior disciplinary or adverse actions when determining the appropriate penalty for a subsequent offense. The reckoning period commences upon the issuance of a final decision by the deciding official and is applicable to any sustained misconduct which occurs within the indicated reckoning period for the applicable offense.

8. Offenses falling within the reckoning period, whether related or unrelated, should be identified in the proposal notice issued to the employee, and considered by the deciding official when determining the appropriate penalty for a subsequent sustained offense. Agreements entered between the employee and institution pursuant to the Misconduct Diversion Program are considered prior offenses for progressive discipline purposes.

9. Where the deciding official substitutes a letter of reprimand in lieu of a greater proposed sanction, the letter of reprimand itself is to be separate from the decision letter and is not to refer to the greater sanction proposed.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 1. Unexcused or unauthorized absence of less than 1 workday or shift. Unauthorized absence of less than 1 workday (i.e., tardiness, leaving the job without permission). Official reprimand to 3-day suspension. Official reprimand to 7-day suspension. Official reprimand to removal. 6 months. 2. Unexcused or unauthorized absence of between 1 and 5 consecutive workdays. Unauthorized absence between 1 and 5 consecutive workdays. 1-day to 10-day suspension. 10-day to 30-day suspension. 30-day suspension to removal. 1 year. 3. Excessive unauthorized absence. Unauthorized absence of more than 5 consecutive workdays or more than 15 non-consecutive days in a calendar month. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years. 4. Careless workmanship or negligence resulting in spoilage or waste of materials or delay in work production. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 5. Failure to account for keys, tools, or other equipment. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 6. Failure or delay in carrying out work assignments, orders, or instructions of superiors. Includes written or verbal instructions from any managerial official, superior, or other official with appropriate authority to give such orders or assignments. Includes failure to follow post orders, institution supplements, program statements, and other general policy and similar documents. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 7. Instructing another to disregard policy, work assignments, orders, or instructions of superiors. Includes instructing another employee to ignore appropriate instructions issued by any management official, superior, supervisor, or other official with appropriate authority to give such orders or assignments. Includes, but is not limited to post orders, institution supplements, program statements, and other general policy and similar documents. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 8. Insubordination. Deliberate or conscious disobedience to constituted authorities, or refusal to carry out appropriate instructions or orders issued by any management official, superior, supervisor, or other official with appropriate authority to give such orders or assignments or having responsibility for the work of the employee. 5-day suspension to removal. 14-day suspension to removal. Removal. 5 years. 9. Inattention to duty. Potential danger to safety of persons and/or actual damage to property is considered in determining severity of the penalty, as is potential or actual adverse impact on government operation. Includes, but is not limited to, loafing, wasting time, idleness, carelessness with personal property in the institution, or unproductive activities. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 10. Unauthorized use of government computers, networks, or electronic devices, or equipment. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 11. Unprofessional Conduct of a Racial, Sexual, or similar nature. Includes disparaging conduct related to race, racial stereotypes, sex, sexual stereotypes, disability and other discriminatory words or actions based on immutable characteristics. 15-day suspension to removal. 30-day suspension to removal. Removal. Indefinite. 12. Disorderly conduct, fighting, physical altercations, threatening, or attempting to inflict bodily injury to another, engaging in dangerous horseplay. Workplace violence implications are a primary consideration when considering the penalty. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 13. Disrespectful conduct, use of insulting, profane, abusive, obscene, or demeaning language or actions to or about others. Includes verbal abuse of inmates, former inmates, their families, or friends (known or who should be known). Also includes profanity and disrespectful words or actions directed toward employees, visitors, or others. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 14. Reporting for duty or being under the influence of alcohol, intoxicants, or other drugs; unauthorized possession of alcohol, intoxicants, or drugs on government or leased premises. Includes, but is not limited to, any substance(s) that impairs and/or interferes with an employee’s ability to perform their duties. 30-day suspension to removal. 45-day suspension to removal. Removal. Indefinite. 15. Providing a sample which tests positive for an illegal drug; use or abuse of an illegal drug or controlled substance; use or abuse of prescription medication without a valid prescription. Includes a failure or refusal to provide a sample for testing. Also includes the use of prescription medication in a manner which is not consistent with the written prescription. Removal. Indefinite. 16. Inadvertent or mistaken use of a prescription drug without a valid prescription; inadvertent or mistaken use of a controlled substance. Includes taking the wrong medication, inadvertently taking a medication which was validly prescribed to another individual, or otherwise unknowingly consuming a substance which leads to a sample which tests positive. 30-day suspension to removal. Removal. Removal. Indefinite. 17. Failure to follow orders during an emergency. Includes any management official, superior, supervisor, or other official with appropriate authority to give such orders or assignments. Potential danger to safety and/or damage to property is a primary consideration in determining severity of the penalty. 15-day suspension to removal. Removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 18. Failure to respond immediately to an emergency. Potential danger to safety of persons and/or damage to property is a primary consideration in determining severity of the penalty. 15-day suspension to removal. 30-day suspension to removal. Removal. Indefinite. 19. Failure to observe safety precautions. Includes: (1) Precautions for personal safety and/or safety of others. (2) Posted rules. (3) Signs. (4) Written or oral safety instructions. (5) Failure to use protective clothing and equipment. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 20. Endangering the safety of or causing injury to employees, inmates, or others through carelessness or failure to follow instructions. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years. 21. Giving an inmate an order that could be hazardous to health and/or safety. Potential danger to safety of persons and/or actual damage to property is a primary consideration in determining severity of the penalty. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 22. Unauthorized possession, use of, or loss of, government property or property of others. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 23. Willful use or authorization of use of a U.S. government-owned or -leased motor vehicle or aircraft for other than an official purpose. 31 U.S.C. Section 1349 provides for a minimum 30-day suspension. 30-day suspension to removal. 45-day suspension to removal. Removal. 5 years. 24. Theft or attempted theft or misappropriation of government property or the property of others. 15-day suspension to removal. 21-day suspension to removal. Removal. Indefinite. 25. Use of government funds for any purpose without appropriate authorization. The number of occurrences, charge value, and efforts to resolve the charges will be considered in determining the penalty. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 26. Conversion of government funds or funds in government custody to personal use. Includes, but is not limited to, travel advances, amounts received as collections, and inmate funds. Removal. Removal. Removal. Indefinite. 27. Unauthorized possession or use of a government credit card. Failure to pay or timely pay government travel card balance. Includes government travel card, purchase card, transit subsidy card, or other credit cards issued by the Bureau. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 28. Damage to government property or the property of others. Degree of damage and nature of the property is a primary consideration in determining severity of penalty. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 29. Gambling or unlawful betting while on government-owned or -leased premises. Official reprimand to removal. 14-day suspension to removal. Removal. Indefinite. 30. Promotion of gambling while on government-owned or -leased premises. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 31. Physical abuse of an inmate or excessive, unnecessary, or inappropriate use of force involving an inmate. In determining the severity of the penalty, the circumstances of the incident should be given more consideration than the presence or absence of physical injury. 30-day suspension to removal. 45-day suspension to removal. Removal. Indefinite. 32. Use of intimidation or threats of force toward an inmate or to compel an inmate to take an action or violate a rule. In determining the severity of the penalty, the circumstances of the incident will be considered. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 33. Improper relationship or appearance of improper relationship with inmates, former inmates, their families, or associates. Includes, but is not limited to, personal, financial, sexual, and/or emotional relationships with an inmate, former inmate, their family members, or associates. Degree and type of involvement is a primary consideration in determining severity of penalty. 30-day suspension to removal. 45-day suspension to removal. Removal. Indefinite.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 34. Conduct that could lead others to question an employee’s impartiality toward an inmate. Includes, but is not limited to, personal, financial, romantic, sexual, and/or emotional relationship with an inmate, former inmate, their family members, or associates. The degree and type of involvement is a primary consideration in determining the severity of the penalty. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years. 35. Soliciting gifts, favors, or bribes in connection with official duties. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years. 36. Receiving gifts, favors, or bribes in connection with official duties. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years. 37. Acceptance of any gift or favor from an inmate or former inmate, their families, or associates. Value of gift or favor and the reasons for accepting are primary considerations in determining severity of penalty. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years. 38. Giving or offering an unauthorized article or favor to any inmate, their families, or associates. Value of article or favor and the reasons for giving are primary considerations in determining severity of penalty. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 39. Preferential treatment of inmates. Potential or actual negative reaction of other inmates is a primary consideration in determining severity of penalty. 15-day suspension to removal. 30-day suspension to removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 40. Aiding or abetting inmate violation or attempted violation of any law, rule, or regulation or commission of any prohibited act. Degree of aid and seriousness of violation is a primary consideration in determining severity of penalty. 30-day suspension to removal. 45-day suspension to removal. Removal. Indefinite. 41. Failure to report or timely report to management any contacts with inmates, former inmates, their families, or associates, not in the performance of their official duties. 5-day suspension to removal. 14-day suspension to removal. Removal. 5 years. 42. Inadvertent or mistaken failure to conduct a round in a restrictive housing unit. Failure to complete or accurately complete a single or isolated round in a special housing unit or restrictive housing unit due to exigent circumstances or other intervening variables (i.e.: medical emergency or employee emergency). Letter of reprimand to removal. 15-day suspension to removal. Removal. 5 years. 43. Failure to properly or accurately conduct rounds in restrictive housing settings. The penalty can and will be impacted by the effect of the failure (i.e., inmate injury or death), and the number of missed rounds. 15-days to removal. 30-day suspension to removal. Removal. 5 years. 44. Failure to properly or accurately conduct rounds. Non-restrictive housing settings. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 45. Failure to properly conduct one or more institution counts. 15-day suspension to removal. 21-day suspension to removal. Removal. 5 years. 46. Providing inaccurate information. Includes, but is not limited to misstatement of material facts during the performance of official duties; materials related to employment or pre-employment; information provided during an official investigation; or any other information provided on any official government or law enforcement records. 15-day suspension to removal. 30-day suspension to removal. Removal. Indefinite. 47. Falsification, misrepresentation, exaggeration, or concealment of material fact in writing or verbally. Includes, but is not limited to, the destruction of records to conceal facts, and a concealed conflict of interest in the performance of official duties. 30-day suspension to removal. Removal. Indefinite. 48. Refusal or failure to cooperate, or to provide timely, complete, and accurate information in any official U.S. government inquiry or investigation, including a refusal or failure to answer work-related questions or attempting to influence others involved in the inquiry. Includes grievance inquiry, OIA and/or OIG investigation, EEO investigation, and any other administrative inquiry. Also includes SBIS, OPM, and other background investigations and/or reinvestigations. Removal. Indefinite.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 49. Refusal to undergo a search of person or property. Includes, but is not limited to, a security search of an employee, their property, or personal vehicles located on government property or premises, or a failure to report for an agency order examination. Removal. 5 years. 50. Refusal or failure to provide a sample pursuant to a random or reasonable suspicion drug test. Includes, but is not limited to, failure to provide a sufficient sample for testing or failure to produce a sample within the allotted time frame, without appropriate medical justification. Removal. 5 years. 51. Criminal, dishonest, infamous, or notoriously disgraceful conduct. Includes conduct on or off duty. Removal. Indefinite. 52. Conduct that could lead others to question an employee’s impartiality. Includes, but is not limited to, a financial, sexual, or emotional relationship with a subordinate employee, or employee over whom the supervisor or other management official may exert supervisory control. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 53. Discrimination in official action against an employee or applicant because of race, religion, sex, national origin, age, disability, or sexual orientation, or any reprisal action taken against an employee for filing a discrimination complaint. Official reprimand to removal. 14-day suspension to removal. Removal. Indefinite.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 54. Use of Department of Justice identification for other than authorized purposes. Example: Use to coerce, intimidate, or deceive (includes ID cards, badges, and other Bureau credentials). 30-day suspension to removal. 60-day suspension to removal. Removal. Indefinite. 55. Intentional, willful, or reckless violations of rules governing search and seizure. Includes acts or actions taken purposefully or by design to violate the rules governing search and seizure; includes actions taken with conscious disregard for the outcome or consequences. 30-day suspension to removal. Removal. Indefinite. 56. Negligent violations of rules governing searches and seizures. Includes carelessly allowing violations of the rules governing searches and seizures. 10-day suspension to removal. 14-day suspension to removal. Removal. Indefinite. 57. Unauthorized dissemination of official information. Nature of official information disseminated, potential impact, and whether the dissemination was inadvertent are primary considerations in determining penalty. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 58. Use of official information for private purposes. Potential personal gain is a primary consideration in determining severity of the penalty. Official reprimand to removal. 14-day suspension to removal. Removal. Indefinite. 59. Unauthorized removal of records or documents. Consequences of loss or breach of security is primary consideration in determining severity of the penalty. Official reprimand to removal. 5-day suspension to removal. 14-day suspension to removal. 5 years. 60. Release of information that could breach the security of the institution. Consequences or potential consequences is a primary consideration in determining severity of the penalty. 15-day suspension to removal. 30-day suspension to removal. Removal. Indefinite.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 61. Improper denial of official information to an authorized official. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 62. Breach of facility security. Consequences of loss or breach will be consideration in determining severity of the penalty. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 63. Failure to report any breach or possible breach of facility security. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 64. Introduction of contraband. Includes introduction of any article not otherwise permitted in the institution to or beyond the employees security screening site. Nature of article are primary considerations in determining severity of the penalty. 15-day suspension to removal. 30-day suspension to removal. Removal. Indefinite. 65. Unauthorized introduction of a cell phone or electronic communication device. This includes to the screening site and any location beyond. 21-day suspension to removal. Removal. Indefinite. 66. Unauthorized introduction of a weapon (non-firearm) or ammunition. This includes to the screening site and any location beyond. 15-day suspension to removal. Removal. Indefinite. 67. Unauthorized introduction of a firearm. This includes to the screening site and any location beyond. 30-day suspension to removal. Removal. Indefinite. 68. Improper storage of a firearm on institution grounds. This includes institution parking, housing and anywhere on institution property. 15-day suspension to removal. 30-day suspension to removal. Removal. Indefinite. 69. Engaging in outside employment without approval. The nature and length of employment is a primary consideration in determining severity of penalty. Official reprimand to removal. 14-day suspension to removal. 30-day suspension to removal. 5 years.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 70. Failure to honor just debts without good cause. A just financial obligation is one acknowledged by the employee, reduced to judgment by a court, or arranged by settlement. Official reprimand to removal. 14-day suspension to removal. 30-day suspension to removal. 5 years. 71. Failure to report arrest or failure to timely report arrest. 10-day suspension to removal. 14-day suspension to removal. Removal. 5 years. 72. Misconduct off the job. 10-day suspension to removal. 14-day suspension to removal. Removal. 5 years. 73. Violation of social media standards. The nature of the violation and nexus to employment will be considered in determining the severity of penalty. 14-day suspension to removal. 30-day suspension to removal. Removal. 5 years. 74. Failure to report or timely report a violation of the Standards of Employee Conduct. Offense includes failure to report violation of Program Statement, government ethics regulations, EEO laws, and criminal laws. In particular, supervisors or managers must report sexual harassment observed by or reported to them. No retaliation can be taken against employees or inmates who report any such violations. Official reprimand to removal. 14-day suspension to removal. Removal. 5 years. 75. Retaliation or discrimination against those who make report a violation of the Standards of Employee Conduct. Offense includes failure to report violation of Program Statement, government ethics regulations, EEO laws, and criminal laws. In particular, supervisors or managers must report sexual harassment observed by or reported to them. No retaliation can be taken against employees or inmates who report any such violations. Official reprimand to removal. 30-day suspension to removal. Removal. Indefinite.

NATURE OF

OFFENSE

EXPLANATION FIRST

OFFENSE SECOND OFFENSE THIRD OFFENSE

RECKONING

PERIOD 76. Off duty misconduct. Includes situations in which an employee is arrested for, charged, with, or convicted of any felony, misdemeanor, or summary offense. Employee need not be charged with or convicted of a crime in order to face administrative action. 10-day suspension to removal. 14-day suspension to removal. Removal. 5 years.

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026