NASA Procedural Requirements

NPR 3790.1 Effective Date: April 30, 2019 Expiration Date: December 11, 2029

Subject: NASA's Domestic Violence, Sexual Assault, and Stalking Response Plan (Revalidated with Change 2)

Responsible Office: Office of the Chief Human Capital Officer

Appendix A. Definitions

Alleged Perpetrator. An individual who has been identified by an employee as engaging in acts of domestic or workplace violence, including sexual assault and stalking.

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.

Disclosure. A disclosure is access to or exposure of information provided by or about an employee related to incidents or concerns of domestic violence, sexual assault, or stalking relating to the employee.

Domestic Violence. The use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior, including acts or threatened acts, committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, emotional, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who:

• is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim;

• is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;

• shares a child in common with the victim; or

• commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Note: In this NPR, references to domestic violence include sexual assault and stalking.

Protective or Restraining Order. Employees may obtain a protective order, sometimes called a restraining order, a stay-away order, or a peace order, from a court to protect them from another person. Such an order also may establish custody and visitation guidelines and provide for forms of economic security, like rent or mortgage payments, which last for the duration of the order. Protective orders may also be issued in criminal cases as a condition of probation or condition of release, particularly in a domestic violence, sexual assault, or stalking related crime.

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

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 Security Plan. A plan devised in collaboration with an employee to implement workplace security options, such as handling of court protection orders, procedures for alerting Security personnel, temporary or permanent changes to work schedules, and/or telework agreements.

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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