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TABLE OF PENALTIES:

  OFFENSE FIRST PENALTY SECOND PENALTY THIRD PENALTY

1. Theft of property
Removal
2. Misuse of Nation Funds
Removal
3. Solicitation or acceptance of bribes or kickbacks
Removal
4. Falsification or unauthorized alteration of any Nation record
Removal
5. False statement(s) of material fact in employment application or related documentation
Removal
6. Maintaining second or outside employment without proper approval including, but not limited to, holding a salaried elected office, self-employment, etc.
Removal
7. Contracting or recommending a contract with a party where the employee has an equity or other beneficial interest, limited only to employees who have influence over the contracting process
Removal
8. Fraud and/or conspiracy to commit fraud
Removal
9. Perjury in court or before an official Navajo Nation body or tribunal
Removal
10. Concealing, removing, mutilating, obliterating, or destroying Navajo Nation records or documents without authorization
Removal
11. Abuse of office or position
Removal
12. Failure to directly call or report the immediate supervisor for three (3) consecutive working days
Removal
13. Planning, initiating participating in or otherwise aiding or assisting in the conduct of any riot or unlawful demonstration
Removal
14. Failure to complete the background check required by Section IV.K.
Removal
15. Egregious misconduct which calls into question one's fitness for continued employment in that position with the Navajo Nation
Suspension (up to 30 working days), Demotion, or Removal
Removal
16. Sexual Harassment
Removal
17a. Operating a tribal vehicle under the influence of alcohol.
Removal
17b. Operating a vehicle under the influence of alcohol or other controlled sustance (except when controlled substance is used as prescribed).
Suspension (up to 30 workings days) or Removal
Removal
18. Malicious damage to Nation property including, but not limited to, graffiti, vandalism, etc.
Suspension (15 - 30 working days) or Removal
Removal
19. Violation of any provision contained in Section XVI.E, Drugs and Alcohol in the Workplace
Referral to EAP and/or Suspension (15 - 30 workings days) or Removal
Removal
20. Failure to abide by policies and standards adopted in accordance with Section I.C
Suspension (up to 15 working days) or Removal
Suspension (up to 30 workings days) or Removal
Removal
21. Endangering the physical well-being of any individual including, but not limited to, threats of, or actual violence.
Suspension (up to 15 working days) or Removal
Suspension (up to 30 working days) or Removal
Removal
22. Disclosing confidential Nation information to unauthorized person(s)
Suspension (up to 15 working days)
Suspension (up to 30 working days) or Removal
Removal
23. Misuse of Nation property or services
Suspension (up to 15 working days)
Suspension (up to 30 working days)
Removal
24. Insubordination, includes violation of any policy contained in this manual
Suspension (up to 15 working days)
Suspension (up to 30 working days)
Removal
25. Neglect of duty
Suspension (up to 15 working days)
Suspension (up to 30 working days)
Removal
26. Unauthorized absence
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
27. Excessive absenteeism, including tardiness
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Demotion or Removal
28. Unsatisfactory work performance
Suspension (up to 10 working days)
Suspension (up to 30 working days) or Demotion
Demotion or Removal
29. Failure to complete performance evaluations as required
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
30. Performing activities for personal gain when on the job including, but not limited to, campaigning for political office while on official tour of duty
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
31. Mistreatment of any individual(s) which jeopardize health or safety
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
32. False witness against employee(s)
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
33. Offer of employment by unauthorized personnel
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
34. Violation of safety regulations which endangers oneself or others
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
35. Possession of unauthorized weapon(s) in the workplace
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
36. Failure to comply with motor vehicle regulations including, but not limited to, use of a tribal vehicle for personal reasons
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
37. Creating discord among fellow employees leading to decreased productivity or a hostile working environment
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
38. Failure to treat the public or fellow employees with courtesy
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
39. Use of abusive or vulgar language and/or gestures
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal
40. Display of intoxication on the job (including use of restricted drugs not in conformance with a medical prescription)
Mandatory evaluation by Employee Assistance and Suspension (up to 30 working days) or Removal
Suspension (up to 30 working days) or Removal
Removal
41. Habitual use of intoxicants to excess which affects job performance
Mandatory evaluation by Employee Assistance and Suspension (up to 10 working days) or Removal
Suspension (up to 30 working days)
Removal
42. Failure of supervisor to notify employees, in writing, of background check required by Section IV.K.
Suspension (up to 10 working days)
Suspension (up to 30 working days)
Removal


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