# Presentation: 252895

## Accountability Board

** **_**Process Briefing**_

## OBJECTIVE

_**OBJECTIVE**_

- Discuss the scope of the Board.
- Understand the procedural aspects of the Accountability Board process.
- Recognize the requirement to report all allegations within the Board’s scope to the Accountability Board .
- Identify resources available (i.e., Human Resources,  Legal, Security, Civil Rights) for Handling Board allegations.
- Understand the distinction between the Accountability  Board process and other processes to include the EEO and grievance processes.

## THE BOARD

_**THE BOARD**_

_**Role is oversight**_**:**
- Review all allegations under Board’s scope, regardless of origin.
- Objectives are timely, consistent, and appropriate actions.
- Identify trends -- Recommend Agency action.
- Evaluate the process.

## BOARD MEMBERSHIP

_**BOARD MEMBERSHIP**_

- Director, Accountability Board, AHA-1
- Asst. Admin. for Human Resource Mgmt., AHR-1
- Asst. Admin. for Civil Rights, ACR-1
- Asst. Admin. for Security & Hazardous Materials, ASH-1
- Chief Counsel, AGC-30
- Rep. from the Office of the Sec. Of  Transportation’s Office of Human Resources Management,  M-10
- Associate/Assistant Administrator from LOB employing respondent and the Vice President for the ATO Organization employing the respondent.** **

## AGENCY POLICY

_**AGENCY POLICY**_

- Prohibits harassment based on other misconduct that create an intimidating, hostile, or offensive work environment.
- Prohibits reprisal for reporting allegations or providing information.
- Prohibits knowingly making false allegations.
- Prohibits management’s condoning or ignoring misconduct.
***Note****:  Accountability Board does not establish any new policy but provides for oversight of existing policy****.***

**Notes:**
Discussion:

-- The Order establishes the Accountability Board.  The Accountability Board does not establish any new policy but provides for oversight of existing policy.  

-- The order reiterates existing policy on sexual harassment, conduct and discipline, civil rights and model work environment.  The Accountability Board provides oversight at the senior management level to ensure accountability for handling allegations within the Board’s scope in a timely, appropriate and consistent manner throughout the FAA.

## SCOPE

_**SCOPE**_

_**SEXUAL HARASSMENT**_
- Unwelcome sexual advances/requests for sexual favors/verbal or physical conduct of a sexual nature when:
- Submission is explicitly or implicitly a term of employment.
- Submission is the basis for employment decisions.
- Such conduct has the purpose or effect of unreasonably interfering with an individual's job performance or creating an intimidating, hostile, or offensive work environment.

## SCOPE (con’t)

_**SCOPE**_** (con’t)**

_**Other misconduct of a sexual nature**_**: **
- Allegations that fall short of the legal definition of "sexual harassment," but nonetheless demonstrate behavior inappropriate for the workplace.
_**Reprisal**_**:**
- For reporting or for cooperating in any official inquiry or investigation of allegations covered under the Board’s scope.
- For cooperating in fact-finding or investigation of allegations.

## SCOPE (con’t)

**Allegations/incidents of verbal, written, graphic or physical harassment and other misconduct that create or that may reasonably be expected to create an intimidating, hostile or offensive work environment based on:**
- Race
- Color
- Religion
- Sex
- Sexual orientation
- National origin
- Age
- Disability

## SCOPE (con’t)

**  ****Examples include, but are not limited to:  **
- Insulting words or phrases, slurs, stereotyping, intimidating or hostile acts;
- Material placed on walls, bulletin boards or circulated in the workplace that insults, denigrates or offends;
- Accessing sexually explicit websites, sending inappropriate emails, and  inappropriate touching.

## SCOPE (con’t)

**Matters that are not within the scope of the Accountability Board are:**
- Non-selections
- Disciplinary actions
- Promotions
- Performance management
- Other personnel actions

## DEFINITIONS

_**DEFINITIONS**_

_**Reporting Party**_
- Individual alleging or reporting incident.
_**Respondent**_
- Individual against whom an allegation is made.
_**Accountable Official**_
- Responsible for ensuring appropriate and timely processing of allegation.
- Designates appropriate subordinate managers to:
- Interview Reporting Party
- Notify Respondent
- Perform supervisory duties relative to taking any action

## THE PROCESS

_**THE PROCESS**_

**Phase I   --  Reporting **
**Phase II  --  Initial Management Action**
**Phase III -- Management Inquiry or Security **
**	****	****	****  ****Investigation**
**Phase IV -- Providing Feedback**

## Phase I -- REPORTING

**Phase I -- **_**REPORTING**_

- Accountable Official must report all allegations to the Board Consultant within 2 work days of receipt of allegation.
- Supervisors and managers must report allegations to their Accountable Officials as soon as possible to ensure 2-day reporting requirement is met.
- The report to the Board Consultant is verbal via telephone.  (The fact that an Accountable Official is at training, on travel, or leave, does not extend the 2-day reporting requirement.  The responsibility flows to the "Acting " manager.

## Phase II -- INITIAL MANAGEMENT ACTION

**Phase II -- **_**INITIAL MANAGEMENT ACTION**_

**Accountable Official must designate a manager to take several initial steps:**
- Conduct initial interview with reporting party (Appendix 3 of the Accountability Board Order)
- Ensure reporting party is advised of avenues of redress; e.g., EEO, grievance process (Appendix 1 of the Accountability Board Order).
- Notify respondent of the allegation (Appendix 4 of the Accountability Board Order).
**Do not presume what is alleged is true; wait for results of inquiry/investigation.**
**May need to advise respondent to minimize contact with reporting party.**

## Phase II -- INITIAL MANAGEMENT ACTION (con’t)

**Phase II -- **_**INITIAL MANAGEMENT ACTION**_** ****(con’t)**

- Issue Notice to Respondent  (Appendix 5 of the Accountability Board Order).
- Coordination with Human Resources (HR) required!  HR is a valuable resource to managers under this process.

## Accountable Official may elect to conduct management inquiry or request formal security investigation.

Management inquiry- the Accountable Official has 15 days to learn the facts of what and determine appropriate action.  

Consultation with HR is required.

- Accountable Official may elect to conduct management inquiry or request formal security investigation.
- Management inquiry- the Accountable Official has 15 days to learn the facts of what and determine appropriate action.
- Consultation with HR is required.

**Phase III -- **_**ADDRESSING MANAGEMENT **__**INQUIRY OR SECURITY INVESTIGATION**_

## Phase III -- ADDRESSING INTERNALLY OR REFERRAL FOR INVESTIGATION (con’t)

**Phase III -- **_**ADDRESSING INTERNALLY OR REFERRAL FOR INVESTIGATION**_** ****(con’t)**

- If Security investigation is required:
- Investigation by Special Agent(s)  from Security & Hazardous Materials - 30 days to investigate.
- Request for Security Investigation sent to the Board
- Appropriate management Official has 10 days from receipt of the Report of Investigation to review and determine appropriate action.
- Consultation with HR is required.

## Phase IV  -- PROVIDING FEEDBACK

**Phase IV  -- **_**PROVIDING FEEDBACK**_

- Management Responsibility!
- Feedback is important to both reporting party and respondent.
- Limit feedback to status and process, avoid facts of the case.  (Appendix B of the Accountability Board Order)
- Consult with Human Resource point of contact** **regarding Privacy Act limitations before giving feedback.

## EEO Intake Unit; EEO Counselors
Security
DOT IG
Direct reporting
Private citizens
Contractors
Center for Early Dispute Resolution (CEDR) 
Process continues as described earlier. 
Will be referred to the appropriate LOB for action or to Security for investigation.

- EEO Intake Unit; EEO Counselors
- Security
- DOT IG
- Direct reporting
- Private citizens
- Contractors
- Center for Early Dispute Resolution (CEDR)
- Process continues as described earlier.
- Will be referred to the appropriate LOB for action or to Security for investigation.

_**ALLEGATIONS REPORTED THROUGH OTHER VENUES**_** **

## RELATIONSHIP TO EEO ANDGRIEVANCE PROCESS

- No change to EEO or grievance process.
- The Accountability Board process does not extend or limit the timeframes in the EEO or grievance processes.
- Not intended to provide remedy or redress for individual employees
- The Accountability Board focuses on management’s handling of misconduct
- No impact on employee’s ability to file grievances or discrimination complaints
- Notice must be provided to reporting party concerning avenues of redress

## ROLE OF THE UNION

**Rights of bargaining unit members: **
- Do not change
- Right to representation at any inquiry/investigation that may lead to discipline
- If discipline proposed, have the right to review material relied on
**Consult with Human Resources Point of Contact to ensure compliance with all rights/responsibilities that accrue under collective bargaining agreements.**

## RESOURCES AND INFORMATIONAL MATERIALS

_**RESOURCES AND INFORMATIONAL MATERIALS**_

**Accountability Board Order -- 1110.125A**
**Conduct and Discipline Order**
**Human Resources Points of Contact  **
**Email Address:  9-AWA-AHR-Accountability Board**
**Website - **_**[www.faa.gov/ahr/account/account.cfm](http://www.faa.gov/ahr/account/account.cfm)**_
**Brochures, Information Cards, Posters.  **

## CONTACTS

- _DIRECTOR_
**Maria C. Fernandez-Greczmiel, AHA-1**
- _CONSULTANTS_
**Tom Novak**
**Andrew Robinson**
**Debbie Williams**
- _ADMINISTRATIVE ASSISTANT_
**Natalie Sullivan**
**Office:  (202) 267-3065**
**Fax:  (202) 493-4852**

## THE PROCESS “AT A GLANCE”

_**THE PROCESS “AT A GLANCE”**_

**Mandatory reporting.**
**Centralized review, monitoring and tracking of all allegations from all sources.**
**Standardized procedures with timelines.**
**Coordination with Human Resources on conduct and discipline.**
**Centralization within Security and a cadre of trained investigators.**
**Corporate involvement across lines of business.**
**Senior management oversight.**

## SCENARIO 1

**You have just been informed about this incident.  The first thing you should do is:**
- Lock him in his office
- Call Security
- Take immediate disciplinary action without talking to HR
- Report incident to the Accountability Board

## SCENARIO 2

**The employee working on the computer tells you about her incident, but says she does not want it to go any further because she doesn’t want to create an uncomfortable situation in the office.  What do you do?**
- Honor her request because it is her choice whether an incident is reported
- Call Security
- Reassign her to another area so she doesn’t have to work with these employees
- Call the Accountability Board to report the incident

## SCENARIO 3

**Assume the employee working on the computer is a contract employee.  The other two are FAA employees.  With a contract employee involved, should the incident be handled differently?  **
- Yes.  Contract employees are not covered by the Board’s Order
- Yes.  Call Security immediately
- No.  Remember to deal with the contract employee directly
- No.  Contract employees are covered by the Board’s Order

## SCENARIO 4

**You reported this incident to the Accountability Board and it was tracked as coming under the scope of the Board.  After completing the inquiry, you determined that disciplinary action was warranted.  What are your obligations with respect to the Accountability Board process?**
- None.  Shred any working file
- Call Security
- Forward the email to all your employees as an example of computer misuse
- Provide feedback to the reporting party without divulging the specific action taken against the respondent