Review of the Federal
Bureau of Investigation’s
Disciplinary System
May 2009
DOUBLE STANDARD OF DISCIPLINE
We found that a significant percentage of FBI employees
we surveyed believed that there was a double standard of
discipline in the FBI for higher- and lower-ranking
employees. Our analysis of disciplinary results found
significant differences in the rate of substantiation of
allegations between higher- and lower-ranking
employees. We also found a significant difference in
mitigation of discipline on appeal. Specifically, we found
that 5 of 6 appeals by SES employees (83 percent)
resulted in mitigation of the discipline originally
imposed by FBI OPR, while only 44 of 247 appeals by
non-SES employees (18 percent) resulted in mitigation.
In addition, when we examined the appeals process, we
found that four of the five decisions mitigating discipline
of SES employees were unreasonable. In sum, although
the number of appealed SES cases is small, we believe
the evidence indicates that SES employees were treated
more leniently on appeal than non-SES employees, and
that this more lenient treatment was not justified.
https://oig.justice.gov/reports/FBI/e0902/final.pdf