NASA Procedural Requirements

NPR 3713.3A Effective Date: January 12, 2021 Expiration Date: January 12, 2026

Subject: Anti-Harassment Procedures

Responsible Office: Office of Diversity and 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.

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 shall 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, gender, national origin, religion, age, disability, sexual orientation, status as a parent, genetic information, gender identity, 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.

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