; (B) obtained without procedures required by a provision of law having been followed; or (C) unsupported by substantial evidence. (c) Relation to other provisions of law Section 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title do not apply to an action under subsection (a). (d) Definitions In this section: (1) The term covered individual means— (A) a career appointee (as that term is defined in section 3132(a)(4) of title 5, United States Code); or (B) any individual who occupies an administrative or executive position and who was appointed under title II of the Department of Education Organization Act ( 20 U.S.C. 3411 et seq.). (2) The term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. 7. Employees: removal, demotion, or suspension based on performance or misconduct (a) In general (1) The Secretary, in consultation with the Office of Management, may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension. (2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may— (A) remove the covered individual from the civil service (as defined in section 2101 of title 5, United States Code); (B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual