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appropriate action. For cxample, a matter may be referred to the Finance Division for the recoupment of monies owed to the government, to the Human Resources Division for consideration of a loss-of-cffectiveness transfer. and to the Health Scrviccs Unit for a fitness-for-duty cxamination or mcdical evaluation Factors Considered by OPR in Determining a Penalty: Many factors are considered by OPR in determining the penalty to imposc, including the. nature of thc misconduct and its conscquences, as well as the position and record of the employec. Of particular importancc are the mitigating and aggravating factors in cach casc. Mitigating factors includc. but are not limited to. cffective cfforts to remedy the wrongdoing. limited work cxperiencc, and a long period of unblemished service.. Aggravating factors includc, but arc not limited to, thc egrcgiousness of the misconduct, supcrvisory or high-grade status, prior disciplinary record. threat to the safety of others, prior warning/advisement not to commit the misconduct, actual or potential harm (including actual or potential harm to the FBI's reputation), repctitive misconduct within the same disciplinary inquiry, and the failure to report. Consideration of the cgregiousness of the misconduct as an aggravator, including facts or circumstances cited to substantiate the allegation, is not impermissible *double counting. The aggravating and mitigating factors listed above are illustrative, not cxhaustive, and the Bureau retains the discrction to consider any factors relevant to thc casc. Thc listing of an aggravator or mitigator under a particular Offense Code in the Penalty Guidclincs docs not preclude usc of that factor under. another Offense Codc. Something considered mitigating in one casc may be aggravating in another. For example, limited cxperiencc may Iessen the scverity of an employee's conduct in one case, but aggravate it in another, such as a casc involving multiple instanccs of misconduct during a short tenure. The aggravating and mitigating factors present in a particular case may warrant selecting a penalty outside the range of penaltics provided herein -- i.e.. designee has the authority to deviate from the Penalty Guidelines and must specify the reasons for doing so in writing. Cases in which the AD, OPR. deviates from the Penalty Guidelines are, by definition, aberrational, and they may not bc cited or relied on as precedent to assess penaltics in future cases The AD, OPR has authority to designate any decision as aberrational and without precedential weight. Such designations will be recorded in the Case cmployec. if the Director considers it neccssary to correct an injustice or to prevent harm to the FBI. This authority docs not constitute an additional Ievel of appeal for an employee, it will not be routinely exercised, and it remains the sole province of the Director.. DougIas Factors: OPR also considers **Douglas Factors" prior to deciding an appropriate disciplinary' sanction. Not all **Douglas Factors" are pertinent to cvery casc. OPR balances the relevant ones in the case before it.Thc *Douglas Factors" are: 1 The nature and seriousness of the offense, and its relation to the employee's duties, position and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated; 2. and prominence of the position;