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Case SUMMARY

DoD reduced proposed suspension for lewd comments

Our client received a proposed 14-day suspension for conduct unbecoming after he allegedly made lewd comments and told off-color jokes to a group of colleagues and shared inappropriate images.  We argued that the comments and images were not as offensive as alleged and that the agency failed to consider mitigating factors, including our client’s 13 years of exemplary federal service.  Based on our arguments, the deciding official reduced the proposed penalty to a five-day suspension, which was the lowest penalty recommended by the agency’s table of penalties.

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