# Adverse Conduct and Performance-Based Actions Course (Self-Paced)

Canonical URL: <https://www.graduateschool.edu/courses/adverse-conduct-and-performance-based-actions-course-self-paced>

## Overview

Achieve confidence in your ability to prepare or decide adverse actions or performance-based actions. Before taking adverse and performance-based actions against employees, learn to meet the rigid penalty and proof standards of cause set by third parties that review removals, suspensions, demotions, and furloughs. Explore disciplinary and non-disciplinary causes; unusual cause situations, such as medical problems or off-duty conduct; penalty factors; issues of proof; and pre-action investigations.

## What you'll learn

- Determine whether an action requires adverse action or unacceptable performance action procedures.
- Decide when an adverse action or unacceptable performance action is justified.
- Determine if enough proof is available to take action.
- List relevant factors in assessing penalties.
- Follow the correct procedures in taking either of the two actions.

## Curriculum

**Module 1: The Legal Framework**

- Place adverse and performance actions within constitutional due process and appointment authority.
- Identify governing statutes (5 U.S.C. Chs. 75, 43, 77, 71, merit principles, Hatch Act, USERRA, VEOA, whistleblower).
- Apply key regulations (5 C.F.R. Parts 752, 430, 432, 1200-series, 315, 731/735) and agency policies.
- Use MSPB and court decisions to interpret requirements and standards.

**Module 2: Adverse Action Jurisdiction**

- Differentiate actions covered (reprimands, suspensions, removals, demotions, furloughs) from exclusions.
- Determine employee coverage under Subchapter I (≤14-day suspensions) and Subchapter II.
- Resolve jurisdictional issues: probationary removals, appointments/promotions, voluntariness, reassignment demotions, withdrawal of resignation.
- Apply practical tips to avoid back-pay exposure when in doubt.

**Module 3: Adverse Action Causes**

- Explain the “efficiency of the service” cause standard rooted in the Lloyd–LaFollette Act.
- Relate causes to rules, ethics, and tables of penalties without over-relying on labels.
- Analyze common causes: medical fitness, off-duty conduct, indefinite suspension, erroneous personnel actions, clearance/license failures, protected vs. non-protected activity.
- Frame charges that link facts to mission impact.

**Module 4: Deciding the Penalty**

- Treat penalty as a separate determination after proving the charge.
- Apply Douglas factors and other relevant considerations to ensure consistency and fairness.
- Document rationale and alignment with any table of penalties.

**Module 5: Issues of Proof**

- Meet management’s burden with physical, documentary, and testimonial evidence.
- Use the correct standards of proof (preponderance, substantial, clear and convincing, beyond reasonable doubt—when applicable).
- Conduct pre-action inquiries and formal investigations that withstand review.

**Module 6: Adverse Action Procedures**

- Follow the basic scheme: notice, reply, decision—tailored to Subpart I vs. Subpart II.
- Draft proposal letters (charges, relied-upon materials, penalty factors) and manage duty status.
- Hear and document replies; issue defensible decision letters and appeal rights.
- Avoid harmful procedural error and meet other procedural requirements.

**Module 7: Performance-Based Actions**

- Operate under Chapter 43 with OPM-approved systems and written standards.
- Plan and administer PIPs: when to issue, components, monitoring and documentation.
- Process proposals, replies, and decisions; understand coverage and evidentiary standards.
- Choose appropriately between Chapters 75 and 43 and know added requirements under 75.

**Module 8: Appeals and Grievances**

- Navigate MSPB appeals (burdens, mixed cases) and negotiated grievance procedures.
- Address discrimination complaints and common defenses (e.g., disparate treatment).
- Use settlement effectively to manage risk and resolve disputes.

## Pricing

**Tuition:** $1649