22 C.F.R. § 905.2

Disciplinary grievances

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In grievances over disciplinary actions, the agency has the burden of establishing by a preponderance of the evidence that the disciplinary action was justified, provided, however, that in a grievance concerning suspension without pay pursuant to section 610(a)(3) of the Act, the Board's determination of the grievance shall be limited to:

(a) Whether the required procedures have been followed; and

(b) Whether there exists reasonable cause to believe a crime has been committed for which a sentence of imprisonment may be imposed and there is a nexus between the conduct and the efficiency of the Service.

For this purpose, reasonable cause to believe that a member has committed a crime for which a sentence of imprisonment may be imposed shall be defined as a member of the Service having been convicted of, and sentence of imprisonment having been imposed for, a job-related crime.

[56 FR 55459, Oct. 28, 1991]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Beberman v. Blinken (D.D.C. 2025).

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Beberman v. Blinken (D.D.C. 2025). · cites it 2× “” 22 C.F.R. § 905.2 . The Board, however, found that reporting a VLA violation is not a “disciplinary action” requiring such a hearing.”

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