|NASA Headquarters' Directives|
Effective Date: January 05, 2010
Expiration Date: January 05, 2015
Responsible Office: LM1
|NASA Headquarters Alternative Dispute Resolution in Matters Pertaining to Discrimination Complaints Under 29 C.F.R. Part 1614|
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APPENDIX A. Definitions
A.1 Aggrieved Individual: Refers to an individual who alleges a harm with respect to a term, condition, or privilege of employment at the informal stage of the EEO process.
A.2 Alternative Dispute Resolution (ADR): A method of resolving workplace disputes without a legal determination by a court or an administrative body. ADR is any procedure used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, fact-finding, mini-trials, arbitration, and use of ombudspersons, or any combination thereof.
A.3 Complainant: Individual who has sought EO counseling on a discrimination based matter and filed a formal EO complaint. May also be referred to as the Aggrieved Individual.
A.4 Discrimination Complaints Manager: The individual who performs the initial intake on discrimination allegations.
A.5 Formal Complaint Process: A regulatory procedure for addressing allegations of discrimination, which consists of: the filing of an EEO complaint; the acceptance /dismissal of a complaint; the investigation of the accepted claim(s); and the election of either an EEOC hearing or an Agency Final Agency Decision (FAD.)
A.6 Informal or Pre-Complaint Process: A regulatory procedure for addressing allegations of discrimination prior to the filing of a formal EEO complaint.
A.7 Management Representative: A senior management official to whom the Center Director or any other appropriate management official has delegated authority to engage in mediation.
A.8 Mediation: Is a voluntary and confidential process in which an impartial third party assists disputants in finding a mutually acceptable solution to their dispute.
A.9 Mediator: A third party neutral who facilitates discussions between parties to a dispute in an effort to reach a mutually acceptable resolution.
A.10 Neutral: An EEO ADR service provider such as a mediator, facilitator, or ombudsman. The ADRA defines a neutral as "an individual who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the controversy."
A.11 Responding Management Official (RMO): An agency official who has been identified as representing the Agency in matters raised by the Complainant; the RMO may not have been involved in the dispute.
A.12 Responsible Official: An agency official who has been identified as allegedly being responsible for the matters raised by the Complainant.
A.13 Settlement Official: A senior Agency representative who has been delegated authority to enter into an agreement that is binding on the HQ and the Agency.