Notification Requirements Regarding Findings of Discrimination, Sexual Harassment, Other Forms of Harassment, or Sexual Assault
| Citation | 84 FR 32963 |
| Record Number | 2019-14653 |
| Published date | 10 July 2019 |
| Section | Notices |
| Court | National Aeronautics And Space Administration |
Federal Register, Volume 84 Issue 132 (Wednesday, July 10, 2019)
[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32963-32964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14653]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice: 19-140]
Notification Requirements Regarding Findings of Discrimination,
Sexual Harassment, Other Forms of Harassment, or Sexual Assault
AGENCY: National Aeronautics and Space Administration.
ACTION: New reporting requirement for discrimination, sexual or other
forms of harassment, or sexual assault; request for comments.
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SUMMARY: The National Aeronautics and Space Administration (NASA) is
soliciting public comment on the agency's proposed implementation of
new reporting requirements regarding discrimination and harassment
among recipients of NASA financial assistance. The many hundreds of
U.S. institutions of higher education and other organizations that
receive NASA funds are responsible for fully investigating complaints
and for compliance with federal non-discrimination laws, regulations,
and executive orders. The implementation of new reporting requirements
is necessary as NASA seeks to help ensure research environments to
which the Agency provides funding are free from discrimination,
including harassment, sexual harassment, other forms of harassment, and
sexual assault. Additionally, NASA is taking this action to bolster our
policies, guidelines, and communications. The intended effect of this
action is, first, to better ensure that organizations funded by NASA
clearly understand expectations and requirements. In addition, NASA
seeks to ensure that recipients of grants and cooperative agreements
respond promptly and appropriately to instances of discrimination,
sexual harassment, other forms of harassment, and sexual assault.
DATES: Comments must be received by August 9, 2019.
ADDRESSES: Comments should be addressed to National Space and
Aeronautics Administration Headquarters, 300 E Street SW, Rm. 6O87,
Washington, DC 20546 or sent by email to [email protected];
Phone Number: 202-358-2180, Fax Number: 202-358-3336. We encourage
respondents to submit comments electronically to ensure timely receipt.
We cannot guarantee that comments mailed will be received before the
comment closing date. Please include ``Reporting Requirement Regarding
Findings of Discrimination, Sexual Harassment, other Forms of
Harassment, or Sexual Assault'' in the subject line of the email
message; please also include the full body of your comments in the text
of the message and as an attachment. Include your name, title,
organization, postal address, telephone number, and email address in
your message.
FOR FURTHER INFORMATION CONTACT: Richard N. Reback, email:
[email protected]; telephone (202) 358-2180.
SUPPLEMENTARY INFORMATION: As a U.S. funding agency of scientific
research and development, and the primary funding agency for
aeronautics and space research and technology, NASA is committed to
promoting safe, productive research and education environments for
current and future scientists and engineers. We consider the Principal
Investigator (PI) and any Co-I(s) identified on a NASA award and all
personnel supported by a NASA award must not engage in discriminatory
or harassing behavior during the award period of performance whether at
the awardee institution, on-line, or outside the organization, such as
at field sites or facilities, or during conferences and workshops.
Upon implementation, the new term and condition will require
awardee organizations to notify NASA of any findings/determinations of
discrimination, sexual harassment, other forms of harassment, or sexual
assault regarding an NASA funded PI or Co-I. The new term and condition
also will require the awardee to notify NASA if the PI or Co-I is
placed on administrative leave or if the awardee has imposed any
administrative action on the PI or any determination or an
investigation of an alleged violation of awardee policies or codes of
conduct, statutes, regulations, or executive orders relating to
discrimination, sexual harassment, other forms of harassment, or sexual
assault. Finally, the award term and condition specifies the procedures
that will be followed by NASA upon receipt of a notification.
The full text of the new term and condition is provided below:
Notification Requirements Regarding Sexual Harassment, Other Forms of
Harassment, or Sexual Assault
The Principal Investigator (PI) and any Co-I(s) identified on an
NASA award are in a position of trust. These individuals must comport
themselves in a responsible and accountable manner during the award
period of performance, whether at the awardee institution, on-line, or
at locales such as field sites, facilities, or conferences/workshops.
Above all, NASA wishes to assure the safety, integrity, and excellence
of the programs and activities it funds.
For purposes of this term and condition, the following definitions
apply:
Administrative Leave/Administrative Action: Any temporary/interim
suspension or permanent removal of the PI or Co-I, or any
administrative action imposed on the PI or Co-I by the awardee under
organizational policies or codes of conduct, statutes, regulations, or
executive orders, relating to activities, including but not limited to
the following: Teaching, advising, mentoring, research, management/
administrative duties, or presence on campus.
Discrimination: Treating an individual differently or using methods
of administration that have the effect of subjecting individuals to
different treatment based on race, color, national origin, sex,
disability or age.
Finding/Determination: The final disposition of a matter involving
sexual harassment or other form of harassment under organizational
policies and processes, to include the exhaustion of permissible
appeals exercised by the PI or Co-I, or a conviction of a sexual
offense in a criminal court of law.
Other Forms of Harassment: Non-gender or non-sex-based harassment
of individuals protected under federal civil rights laws, as set forth
in organizational policies or codes of conduct, statutes, regulations,
or executive orders.
Sexual harassment: May include but is not limited to gender or sex-
based harassment, unwelcome sexual attention, sexual coercion, or
creating a hostile environment, as set forth in organizational policies
or codes of conduct, statutes, regulations, or executive orders.
The awardee is required to notify NASA of: (1) Any finding/
determination regarding the PI or any Co-I \1\ that
[[Page 32964]]
demonstrates a violation of awardee policies or codes of conduct,
statutes, regulations, or executive orders relating to discrimination,
sexual harassment, other forms of harassment, or sexual assault; and/or
(2) if the PI or any Co-I is placed on administrative leave or if any
administrative action has been imposed on the PI or any Co-I by the
awardee relating to any finding/determination or an investigation of an
alleged violation of awardee policies or codes of conduct, statutes,
regulations, or executive orders relating to discrimination, sexual
harassment, other forms of harassment, or sexual assault.\2\ Such
notification must be submitted by the Authorized Organizational
Representative (AOR) to NASA's Office of Diversity and Equal
Opportunity at [email protected] within ten business days from
the date of the finding/determination, or the date of the placement of
a PI or Co-I by the awardee on administrative leave or the imposition
of an administrative action, whichever is sooner.\3\
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\1\ If a Co-I is affiliated with a subawardee organization, the
Authorized Organizational Representative of the subawardee must
provide the requisite information directly to NASA, as instructed in
this paragraph.
\2\ Awardee findings/determinations and placement of a PI or Co-
I on administrative leave or the imposition of an administrative
action must be conducted in accordance with organizational policies
and processes. They also must be conducted in accordance with
federal laws, regulations, and executive orders.
\3\ Such notification must be provided regardless of whether the
behavior leading to the finding/determination, or placement on
administrative leave, or the imposition of an administrative action
occurred while the PI or Co-I was carrying out award activities.
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Each notification must include the following information:
[squ] NASA Award Number;
[squ] Name of PI or Co-I being reported; \4\
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\4\ Only the identification of the PI or Co-I is required.
Personally identifiable information regarding any complainants or
other individuals involved in the matter must not be included in the
notification.
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Type of Notification: Select one of the following:
[squ] Finding/Determination that the reported individual has been
found to have violated awardee policies or codes of conduct, statutes,
regulations, or executive orders relating to discrimination, sexual
harassment, other forms of harassment, or sexual assault;
or
[squ] Placement by the awardee of the reported individual on
administrative leave or the imposition of any administrative action on
the PI or any Co-I by the awardee relating to any finding/
determination, or an investigation of an alleged violation of awardee
policies or codes of conduct, statutes, regulations, or executive
orders relating to sexual harassment, other forms of harassment, or
sexual assault.
The awardee must also provide:
[squ] A description of the finding/determination and action(s)
taken, if any; and/or
[squ] The reason(s) for, and conditions of placement of the PI or
any Co-I on administrative action.
The awardee, at any time, may propose a substitute investigator if
it determines the PI or any Co-I may not be able to carry out the
funded project or activity and/or abide by the award terms and
conditions.
In reviewing the notification, NASA will consider, at a minimum,
the following factors:
a. The safety and security of personnel supported by the NASA
award;
b. The overall impact to the NASA-funded activity;
c. The continued advancement of taxpayer-funded investments in
science and scientists; and
d. Whether the awardee has taken appropriate action(s) to ensure
the continuity of science and that continued progress under the funded
project can be made.
Upon receipt and review of the information provided, NASA will
consult with the AOR, or designee. Based on the results of this review
and consultation, the Agency may, if necessary and in accordance with 2
CFR 200.338, assert its programmatic stewardship responsibilities and
oversight authority to initiate the substitution or removal of the PI
or any Co-I, reduce the award funding amount, or where neither of those
previous options is available or adequate, to suspend or terminate the
award.
Other personnel supported by a NASA award must likewise remain in
full compliance with awardee policies or codes of conduct, statutes,
regulations, or executive orders relating to sexual harassment, other
forms of harassment, or sexual assault. With regard to any personnel
not in compliance, the awardee must make appropriate arrangements to
ensure the safety and security of other award personnel and the
continued progress of the funded project. Notification of these actions
is not required under this term and condition.
End of Proposed Term and Condition
Implementation
Upon receipt and resolution of all comments, it is NASA's intention
to implement the new term through revision of the NASA Agency Specific
Requirements to the Research Terms and Conditions, the Grant General
Conditions, and the Cooperative Agreement--Financial and Administrative
Terms and Conditions. These revised terms and conditions will become
effective thirty days from the date of publication in the Federal
Register and will be available in the NASA Grants and Cooperative
Agreement Manual (GCAM).
The new term and condition will be applied to all new NASA awards
and funding amendments to existing awards made on or after the
effective date. This new reporting requirement will apply to all
findings/determinations that occur on or after the effective date of
the terms and conditions. With regard to notification of placement on
administrative leave, the awardee must notify NASA within seven
business days from the date the awardee determines that placement on
administrative leave is necessary.
Awardees are strongly encouraged to conduct a thorough review of
the term and condition to determine whether the new requirements
necessitate any changes to the institution's policies and procedures.
The new term and condition will be effective for any new award, or
funding amendment to an existing award, made on or after the effective
date. For these purposes, this means that any finding/determination,
placement on administrative leave or the imposition of any
administrative action by the institution made on or after the start
date of an award or funding amendment subject to the new term will
invoke the new notification requirements.
Nanette Smith,
NASA Federal Register Liaison Officer.
[FR Doc. 2019-14653 Filed 7-9-19; 8:45 am]
BILLING CODE 7510-13-P
