NASA Procedural Requirements

NPR 3713.3A Effective Date: January 12, 2021 Expiration Date: January 12, 2031

Subject: Anti-Harassment Procedures (Updated with Change 3)

Responsible Office: Office of Equal Opportunity

Appendix A. Definitions

Alleged Harassee. The person(s) raising the allegation of harassment.

Alleged Harasser. The person(s) against whom the allegation of harassment is being raised.

Conflict of Interest. A situation in which a NASA official involved in the processing of a harassment allegation, such as the supervisor, CAHC, or Fact Finder, cannot discharge their duties because of an interest that would create a lack of impartiality.

Corrective Action. Steps taken to address and improve an employee's conduct, reinforce expectations, and prevent further infractions. Corrective action is designed to help the employee understand their missteps, take accountability, and modify behavior to align with Agency policies, values, and standards. It can range from informal feedback to formal disciplinary actions depending on the severity and frequency of the issues.

Cyberstalking. Following someone on the Internet, hacking into someone's e-mail, making anonymous contact with someone over the Internet or by e-mail, or using technology to make unwanted contact. Stalking may occur through use of technology including, and not limited to, e-mail, voice-mail, text messaging, use of GPS, and social networking sites.

Decision maker. The NASA supervisor or manager who decides whether the behavior at issue violates the Agency's anti-harassment policy.

Fact Finder. The decision maker, or someone designated by the decision maker, acting in coordination with the CAHC and/or the CAHT to inquire into allegations of harassment, make findings of fact, and write a Fact-Finding Report. The Fact Finder may not be subordinate to any official involved in the matter being investigated.

Fact-Finding. Information gathered regarding allegations of harassment. The extent of the fact finding will vary based on the circumstances of the alleged harassing conduct.

Fact-Finding Report. A written report prepared by the Fact Finder. The information contained in the Fact-Finding Report will include, the authority for conducting fact finding; the purpose and scope of the fact finding; a list or summary of the witnesses interviewed; findings of fact set forth in a narrative addressing all the pertinent evidence; and exhibits in support of every factual assertion except in cases where the Fact Finder is also the decision maker. The Fact-Finding Report will not include conclusions or recommendations as to whether there has been a finding of a policy violation pursuant to this NPR. The report will be provided to the CAHC and will be kept in the CAHC's case file.

Harassment. Conduct that is unwelcome, verbal or physical, regardless of whether it is based on an individual's race, color, sex, national origin, religion, age, disability, sexual orientation, status as a parent, genetic information, or retaliation, when: (a) the behavior can reasonably be considered to adversely affect the work environment or (b) an employment decision affecting the employee is based upon the employee's acceptance or rejection of such conduct. The Agency prohibits employees from engaging in harassing conduct for any reason, regardless of whether the conduct was related to one of the legally protected bases identified above.

Sexual Assault. Any nonconsensual sexual act, completed or attempted, or abusive sexual contact, including when the victim lacks capacity to consent.

Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Examples of sexual harassment may include, but are not limited to: any implicit or explicit sexual conduct to influence or affect the career, pay, or job of another employee; sexually oriented comments about an individual's body or sexual prowess; sexually offensive comments, gestures, jokes, advances, physical contact, or propositions; or any display of sexually suggestive objects or pictures in the workplace.

Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for one's safety or the safety of others or (2) suffer substantial emotional distress. Stalking conduct may include, but is not limited to, following, spying on, or waiting for the victim in places such as home, school, work, or recreation place; leaving unwanted items, presents, or flowers for the victim; and making direct or indirect threats to harm the victim, the victim's children, relatives, friends, pets, or property. Stalking may occur through use of technology, including but not limited to, email, telephone, voicemail, text messaging, and use of GPS and social networking sites.

Technological abuse. An act or pattern of behavior that is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.

Workplace. An employee's official duty station or alternative work location that is associated with the employee's established tour of duty (working hours). The employee is considered to be in the workplace while in or utilizing the resources of the employer, including but not limited to, facilities, work sites, equipment, or vehicles, or while on work-related travel

Workplace Violence. A single behavior or series of behaviors that constitute actual or potential physical assault, battery, harassment, physical/verbal/written/psychological intimidation, threats or similar actions, attempted destruction, or threats to the safety and security of the workplace or the employee's personal property, which occur at the employee's official duty location or at an alternative work location or while an individual is engaged in NASA official business or activities off site. In addition to physical acts against people or property, behavior covered by this policy also includes oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm to self and others. Workplace violence may affect or involve employees, visitors, contractors and other non-Federal employees. See NPD 1600.3 and the "NASA Desk Guide for the Prevention of and Response to Workplace Violence" for more details.

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