context: The record indicates that Doe's supervisor and the deciding official lost confidence in Doe's honesty and integrity, questioned his judgment and ability to perform his duties, and found Doe's misconduct serious because they believed it violated Ohio state law. Because it seems probable that Doe was disciplined at least in part because the deciding official mistakenly believed that his misconduct was in violation of the law, it is necessary to know what conclusion the decision makers would have reached, and what penalty they would have imposed, if the possibility that the conduct was criminal was removed from consideration.
citation_a.signal: see also
citation_a.parenthetical: where there are several charges leading to a penalty, and not all the charges are sustained, it is necessary to consider what penalty would have been appropriate in light of the dropped charges
citation_a.sentence: See Hayes, 727 F.2d at 1539 (“it is not our duty to find nexus but rather to decide ... whether the [MSPB] affirmance of the agency conclusion on the nexus issue meets the statutory criteria for our affirmance.”); see also Lachance v. Devall, 178 F.3d 1246 (Fed.Cir.1999) (where there are several charges leading to a penalty, and not all the charges are sustained, it is necessary to consider what penalty would have been appropriate in light of the dropped charges).
citation_b.signal: see
citation_b.identifier: 727 F.2d 1539, 1539
citation_b.parenthetical: "it is not our duty to find nexus but rather to decide ... whether the [MSPB] affirmance of the agency conclusion on the nexus issue meets the statutory criteria for our affirmance."
citation_b.sentence: See Hayes, 727 F.2d at 1539 (“it is not our duty to find nexus but rather to decide ... whether the [MSPB] affirmance of the agency conclusion on the nexus issue meets the statutory criteria for our affirmance.”); see also Lachance v. Devall, 178 F.3d 1246 (Fed.Cir.1999) (where there are several charges leading to a penalty, and not all the charges are sustained, it is necessary to consider what penalty would have been appropriate in light of the dropped charges).