22 CFR § 905.2 - Disciplinary grievances.

---
identifier: "/us/cfr/t22/s905.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 905.2 - Disciplinary grievances."
title_number: 22
title_name: "Foreign Relations"
section_number: "905.2"
section_name: "Disciplinary grievances."
chapter_name: "FOREIGN SERVICE GRIEVANCE BOARD"
part_number: "905"
part_name: "BURDEN OF PROOF"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 610 and 1106 of the Foreign Service Act of 1980, Pub. L. 96-465 (22 U.S.C. 4010 and 4136), as amended."
cfr_part: "905"
---


# 905.2 Disciplinary grievances.

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]