Writing Conduct and Performance Letters Course

Module 1: Due Process

• Define due process and the property interest in continued employment; distinguish probationary vs. non-probationary rights.
• Identify violations (biased deciding official, ex parte communications, lack of authority) and their consequences.
• Draft probationary pre- and post-employment removal letters and outline available appeal/EEO channels.

Module 2: Progressive Discipline: The Initial Steps

• Use counseling as the informal first step; know what belongs in a counseling memo.
• Write a legally sufficient Letter of Reprimand and understand OPF retention and grievance language.
• Decide when to start informally vs. move directly to formal action.

Module 3: Important Regulatory and Other Factors

• Cite controlling authorities in letters: 5 CFR Parts 752/432/315/731; 5 U.S.C. 7513; crime provision; CBA references.
• Apply “efficiency of the service,” nexus, and just-cause principles (including the seven just-cause tests).
• Comply with the Privacy Act when collecting information that may drive adverse determinations.

Module 4: Charge, Element, and Specification

• Define and differentiate the charge, element, and specification in the body of a proposal letter.
• Avoid pitfalls: legal charges with higher burdens, piling/stacking, compound charges, and adding new charges post-proposal.
• Write specifications using the “who/what/where/when/why” to prove the element.

Module 5: Penalty Analysis

• Apply all twelve Douglas factors and document your analysis.
• Use (but don’t be bound by) tables of penalties; ensure consistency and notice.
• Avoid “zero-tolerance only” reasoning and include aggravating factors in the proposal.

Module 6: Rights and Procedures

• Provide due process: notice, access to evidence, reply opportunity, and a neutral/authorized deciding official.
• Manage duty status and consider options such as administrative leave or indefinite suspension where appropriate.
• Explain appeal, grievance, OSC, and EEO avenues; understand harmful procedural error.

Module 7: The Decision

• Role of the deciding official: weigh the record and reply, avoid ex parte input, and exercise independent judgment.
• Draft a defensible decision letter (charges sustained, Douglas analysis, penalty rationale, and rights notice).
• Set effective dates and implement remedies while preserving the record.

Module 8: Medical Removal

• Prepare medical inability to perform letters and distinguish them from conduct/performance actions.
• Gather and evaluate medical documentation consistent with privacy and RA obligations.
• Address reassignment/last-chance options and document interactive-process efforts as applicable.

Module 9: Performance-Based Actions

• Establish elements and standards; structure and administer a PIP.
• Choose Chapter 43 vs. Chapter 75 appropriately and meet the correct evidentiary standard.
• Draft proposal and decision letters tied directly to failed critical elements.

Module 10: Settlement Agreements

• Draft clear, enforceable terms (scope of waiver, consideration, non-admission, confidentiality where permitted).
• Address special rules (e.g., age claims/OWBPA review periods) and last-chance agreements.
• Document compliance and close-out actions to prevent future disputes.

Module 11: Directed Assignment

• Explain the purpose and requirements of directed (re)assignments and business justification.
• Write the notice, outline consequences of refusal, and cover relocation/logistics as applicable.
• Identify employee response and grievance/appeal options.