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Corporation for National and Community Service

Policies and Procedures

Policy Number: 206 Date: Sept 4, 2020

Revision Number: 1 

Subject: Anti-harassment Policy and Procedures

Purpose: To ensure that CNCS workplaces are free of harassment of any kind.

Who is Covered? All CNCS employees, interns, contract personnel are covered. OIG employees 

are also covered.

Policies Replaced: Policy 206, dated July 27, 2006.

Originating Office: Office of Human Capital 

Summary of Revisions: This policy is revised to provide new guidance and updates. 

Legal Authorities and Guidance Materials: 

▪ U.S. Department of Labor – Occupational Safety and Health Administration (OSHA), 

Directive No. CPL -02-01-058, Enforcement Procedures and Scheduling for 

Occupational Exposure to Workplace Violence (Jan. 10, 2017)

▪ Office of Personnel Management – Guidance for Agency-Specific Domestic Violence, 

Sexual Assault and Stalking Policies (February 2013) 

▪ National Institute for Occupational Safety and Health (NIOSH), DHH Publication 

Number 96-100, Violence in the Workplace (July 1996)

▪ 29 CFR Part1904, Recording and Reporting Occupational Injuries and Illnesses.

▪ Recordkeeping Policies and Procedures Manual. OSHA Directive CPL 02-00-135, 

(December 30, 2004).

Approved By:

Shari Orr, Senior Advisor to the CEO

On behalf of Lisa Guccione, Acting Chief of Staff
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Anti-Harassment Policy and Procedures

Contents

I. OVERVIEW..................................................................................................................................................4

A. What does this document do? .............................................................................................................4

B. What is CNCS’s anti-harassment policy? ..............................................................................................4

C. What is the definition of harassment? .................................................................................................4

D. Is the policy solely focused on, or limited to, sexual harassment? ......................................................5

E. Does the policy include bullying?..........................................................................................................5

F. What is the definition of bullying?........................................................................................................5

G. What is the purpose of the complaint process described in Section III, below? .................................6

H. How is CNCS’s anti-harassment policy different from the Equal Employment Opportunity (EEO) 

process? ....................................................................................................................................................6

I. Does initiating a complaint with management under this anti-harassment policy preclude an 

individual from filing an EEO complaint?..................................................................................................7

J. If I bring harassment to the attention of management under this anti-harassment policy and I’m not 

satisfied with management’s response, can I still file an EEO complaint? ...............................................7

II. RESPONSIBILITIES UNDER THE ANTI-HARASSMENT POLICY.....................................................................7

A. What are the responsibilities of all CNCS staff? ...................................................................................7

B. What are the responsibilities of CNCS supervisors and managers? .....................................................7

C. What are the responsibilities of the Chief Human Capital Officer?......................................................8

D. What are the responsibilities of the Director of Workforce Relations?...............................................8

III. REPORTING HARASSMENT.......................................................................................................................9

A. When should an employee or other individual working at CNCS report harassment? .......................9

B. To whom should I make a report of harassment?................................................................................9

C. Do supervisors have additional responsibilities to report harassment? ..............................................9

D. If a supervisor observes or is made aware of harassment but the person subject to the harassment 

does not want to file a complaint, does the supervisor still have to make a report? ..............................9

E. Do I have to go through my supervisor to report harassment? ...........................................................9

F. Does my report of harassment have to follow a specific format or be in writing? ............................10

G. What if I am unsure of whether something is actually harassment?.................................................10
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H. Is my report confidential? ..................................................................................................................10

IV. HARASSMENT INQUIRIES.......................................................................................................................10

A. What steps must the Director of Workforce Relations follow in conducting an inquiry? .................10

B. Does a report of harassment automatically trigger a formal inquiry? ...............................................10

C. Are the results of the inquiry confidential? ........................................................................................11

V. ACTIONS TO BE TAKEN AFTER AN INQUIRY IS COMPLETED ...................................................................11

A. Who is responsible for action based on the result of an inquiry?......................................................11

B. What are possible actions a supervisor could take after an inquiry is completed? ...........................11

C. May a supervisor refer a matter to Alternative Dispute Resolution (ADR)? ......................................11

D. What can happen to an employee found to have engaged in harassment under this policy?..........11

E. How must the supervisor memorialize their decision? ......................................................................12

F. If I have made a report that a colleague has engaged in harassment, will I be informed of the result 

of the inquiry and action taken, including disciplinary action? ..............................................................12

G. What can happen to a supervisor or manager who fails to carry out his or her responsibilities under 

this policy? ..............................................................................................................................................12

VI. OFFICE OF INSPECTOR GENERAL ...........................................................................................................12

A. Does this policy apply to the Office of Inspector General? ................................................................12

VII. HARASSMENT BY NON-CNCS EMPLOYEES............................................................................................12

A. What recourse does an employee have if an on-site contractor engages in harassment? ...............12

B. What recourse does an employee have if someone unaffiliated with the CNCS, neither an employee 

nor a contractor, engages in harassment in a workplace setting? .........................................................13
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I. OVERVIEW 

A. What does this document do? 

This document sets forth a policy and related procedures designed to create a work environment that is 

free from harassment. This policy explains protections for employees, contract staff, and/or interns who 

make claims of harassment and for those providing information about such claims; details how the 

complaints process works; and explains the expectations for supervisors and managers regarding 

harassment. 

B. What is CNCS’s anti-harassment policy? 

CNCS is committed to treating all persons working at CNCS facilities with dignity and respect, regardless 

of their race, color, national origin, sex (including pregnancy, gender identity/stereotyping, and sexual 

orientation), religion, age, disability, political affiliation, marital or parental status, military service, 

genetic information, or reprisal. In addition, CNCS will not tolerate reprisal against any employee for 

making a report regarding harassment under this or any other policy or procedure, or for assisting in any 

inquiry about such a report. CNCS intends that its work environment be free of sexual, racial, ethnic, 

religious, or other harassment based on a protected class. Whether in CNCS offices, in other work-related 

settings (such as training sessions or service sites), or at work-related social events, harassment is 

unacceptable and will not be tolerated. 

C. What is the definition of harassment? 

Harassment is any unwelcome conduct that is based on race, color, sex (including pregnancy, gender 

identity/stereotyping, and sexual orientation), national origin, religion, age (40 years and older), disability

(physical and/or mental), genetic information, and/or reprisal for opposing discrimination or participating 

in the EEO process. Harassment becomes unlawful where enduring such unwelcome or offensive conduct 

becomes a condition of employment, involves a tangible employment action, or where the conduct is 

severe or pervasive enough to create a hostile work environment.

Harassment includes, but is not limited to:

• Unwanted touching

• Explicit or implicit demands for sexual favors 

• Pressure for dates 

• Deliberate touching, leaning over, or cornering in an intimidating or inappropriate manner

• Offensive teasing, jokes, remarks, or questions 

• Offensive emails, letters, phone calls, or distribution or display of offensive materials 

• Offensive looks or gestures 

• Gender, racial, ethnic, or religious baiting 

• Physical assaults or other threatening behavior

• Demeaning, debasing, and abusive comments

• “Quid pro quo” requests, which is a type of harassment that occurs when a manager or other authority 

figure offers (or hints) that they will give the employee something (e.g. a raise, a promotion, or 

approve a training request) in return for that employee's satisfaction of an inappropriate demand. 

Submission to such demands does not negate an individual’s right to report the harassment.
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D. Is the policy solely focused on, or limited to, sexual harassment? 

No, this policy covers harassment based on any protected class. 

E. Does the policy include bullying?

Yes, the policy includes bullying.

F. What is the definition of bullying?

CNCS defines bullying as repeated, harmful mistreatment of one or more individuals by one or more 

perpetrators, including: 

• Threatening or intimidating words or conduct that would cause an individual fear of physical 

violence, loss of job or benefits, or that impacts the reputation of CNCS

• Humiliating words or conduct that unreasonably interferes with an employee’s work performance, the 

business of CNCS, or negatively impacts employee or workplace morale

• Verbal abuse that affects an employee’s work performance; that casts negative light on the work 

and/or reputation of CNCS or any of its employees or management; or that negatively impacts 

employee or workplace morale.

CNCS considers the following types of behavior examples of bullying:

• Verbal bullying. Slandering, ridiculing, or otherwise maligning an individual or their family; 

persistent name-calling or monikers that are hurtful, insulting, humiliating, or offensive; abusive, 

racist, sexist, homophobic, transphobic, or ableist slurs, remarks, or statements; repeatedly using an 

individual as the target of jokes or pranks. 

• Physical bullying. Pushing, shoving, hitting, kicking, tripping, grabbing, poking, or otherwise 

assaulting an individual; threatening to physically assault an individual; or damaging an individual’s 

work area or personal property.

• Gesture bullying. Nonverbal gestures that are intimidating or convey threatening messages. 

• Purposeful and unreasonable exclusion. Physically or socially excluding an individual from workrelated activities without a legitimate justification for doing so. 

In addition, the following may constitute evidence of bullying in the workplace:

• Persistent singling out of one person for negative attention or ridicule 

• Unreasonably shouting at an individual in public or private 

• Using obscene gestures 

• Repeatedly and unreasonably interrupting or ignoring an individual 

• Use of offensive nicknames 

• Public humiliation in any form

• Repeated criticism on matters unrelated to job duties, activities, or performance
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• Unreasonably and deliberately interfering with or altering an individual’s mail, email, voicemail, or 

work product 

• Spreading rumors or engaging in gossip about an individual 

• Repeatedly accusing an individual of errors or negligence without legitimate cause and that cannot be 

documented 

• Manipulating the ability of an individual to perform their work (e.g., overloading, withholding 

information, setting deadlines that cannot be met, excluding an individual from meetings, providing 

vague and ambiguous instructions, etc.) 

• Refusing reasonable requests for leave in the absence of legitimate reasons not to grant leave 

• Inciting or encouraging workplace dissension and discord 

• Destruction or damage to personal property. 

Individuals who believe they have experienced or witnessed bullying or workplace violence should report 

this conduct to their supervisor or the Director of Workforce Relations. Employees who, more likely than 

not, have been found to have engaged in a pattern of bullying behavior will be subject to disciplinary 

action, which may include termination. 

G. What is the purpose of the complaint process described in Section III, below? 

CNCS’s complaint process is designed to promote accountability, confidence in the process, and provide 

concurrent support for those who report inappropriate behavior. The procedure provides a prompt, 

thorough, and impartial inquiry regarding allegations of harassment, with protections against retaliation 

for those making claims of harassment or providing information. The process also provides for 

appropriate confidentiality safeguards and endeavors to ensure timely and appropriate corrective action 

when management determines that harassment has occurred. 

H. How is CNCS’s anti-harassment policy different from the Equal Employment 

Opportunity (EEO) process? 

Generally, harassment based on a protected class that is sufficiently severe or pervasive violates the law 

and is covered by the EEO process. The EEO process is designed to make individuals whole, through 

damage awards and equitable relief paid by the agency, for discrimination that already has occurred, and 

to prevent the recurrence of the unlawful discriminatory conduct. 

Where harassment may not rise to the level of severe or pervasive conduct or where an employee decides 

not to file a complaint via the EEO process, a federal agency has an independent obligation (separate from 

the EEO process) to promptly determine whether misconduct has occurred, and to take immediate and 

appropriate corrective action. CNCS’s anti-harassment policy is intended to result in corrective measures, 

including the use of disciplinary action, to address reports of harassment regardless of whether the 

conduct violates the law or because an employee opts not to use the EEO process to address conduct by 

another that may constitute harassment. The complaint process affords CNCS an opportunity to learn 

about and take corrective action to prevent and stop harassment in the workplace. 
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I. Does initiating a complaint with management under this anti-harassment policy 

preclude an individual from filing an EEO complaint? 

This anti-harassment policy is in addition to the EEO process and does not preclude anyone from filing an 

EEO complaint. 

J. If I bring harassment to the attention of management under this anti-harassment policy 

and I’m not satisfied with management’s response, can I still file an EEO complaint? 

Yes, you can file an EEO complaint even if you have reported harassment under this anti-harassment 

policy. However, you must make initial contact with a CNCS EEO counselor or the CNCS EEO Program

within 45 days of the date of the allegedly harassing conduct. 

 

II. RESPONSIBILITIES UNDER THE ANTI-HARASSMENT POLICY 

A. What are the responsibilities of all CNCS staff? 

All individuals working in CNCS are responsible for: 

1. Acting professionally and refraining from engaging in harassment. 

2. Becoming familiar with this policy, complying with all requirements under the policy, and cooperating 

with any inquiry under the policy. 

3. Promptly reporting any incident of harassment in accordance with Section III of this policy. 

B. What are the responsibilities of CNCS supervisors and managers? 

All CNCS supervisors and managers are responsible for: 

1. Taking immediate action to promptly and appropriately prevent and address harassment in the 

workplace, as well as promptly addressing any suspected retaliation against those who complain of 

harassment (or who provide information or cooperate in a harassment inquiry). 

2. Immediately reporting, in accordance with Section III, any incident of harassment that they observe, or 

is otherwise brought to their attention, to the Director of Workforce Relations in the Office of Human 

Capital. 

3. Receiving or otherwise handling allegations of harassment promptly and appropriately, using the 

procedures described in Section IV. 

4. In consultation with the Director of Workforce Relations, providing interim relief to any alleged victim 

of harassment pending the outcome of the inquiry.

5. Supporting their staff when they make a report, including making possible accommodations, 

connecting them with appropriate resources, making sure they understand the complaint process, and 

regularly checking in with them on status of their complaint. 
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6. Using the procedures set forth below, in consultation with the Director of Workforce Relations, taking 

prompt and appropriate corrective action, which may include disciplinary action, against any employee 

who has engaged in harassment or who has failed to carry out their responsibilities under this policy. 

C. What are the responsibilities of the Chief Human Capital Officer? 

The Chief Human Capital Officer is responsible for: 

1. Disseminating and updating this policy.

2. Ensuring that employees are trained on this policy and the procedures regarding reporting harassment. 

3. Identifying and, if necessary, procuring impartial investigators to gather and develop factual 

information as necessary to resolve reports of harassment.

4. Ensuring that employees and others know where and to who to report harassment complaints.

5. Ensuring that CNCS tracks and monitors inquiries or allegations of harassment in a centralized, secure

system. 

D. What are the responsibilities of the Director of Workforce Relations? 

The Director of Workforce Relations is responsible for:

1. Advising employees and others on this policy. 

2. Receiving allegations of harassment.

3. Within 5 business days of receiving a report of harassment, initiating a fair and impartial inquiry into 

allegations. 

4. Within 5 business days of a report of harassment, advising affected supervisors and managers regarding

whether to take interim measures, such as temporarily reassigning the duties or work station of an 

employee alleged to have engaged in harassment, pending the outcome of the inquiry. 

5. Concluding the inquiry within 30 business days of the initial receipt of the complaint where possible; 

the timeframe may be extended up to an additional 30 days when necessary to ensure a thorough inquiry.

6. At the end of the inquiry, if the alleged conduct violates this policy, providing advice to managers and 

supervisors on appropriate corrective action to take, which may include disciplinary or adverse action.

7. Advising the Chief Executive Officer of allegations of harassment and the resolution of those 

allegations under this policy. 

8. Delegating certain functions under this policy, as necessary. 

9. Supporting the person(s) making the complaint by referring them to the Employee Assistance Program 

(EAP), as necessary.
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10. To the extent possible, in accordance with the Privacy Act and the Office of Human Capital protocol 

and practices, inform the person who made the report that the investigation is complete and action has 

been taken, as appropriate.

 

III. REPORTING HARASSMENT 

A. When should an employee or other individual working at CNCS report harassment? 

Whenever they believe they have been the subject of harassment, as set forth in this policy, or have 

observed another employee or individual being harassed in the workplace. 

B. To whom should I make a report of harassment? 

You should report this matter to one of the following: 

1. Anyone in your chain of command.

2. Another CNCS manager who is not in your chain of command.

3. The Director of Workforce Relations.

4. The Equal Employment Opportunity Program.

C. Do supervisors have additional responsibilities to report harassment? 

Yes. A supervisor or manager who receives an allegation or who witnesses harassment must immediately 

report the matter to the Director of Workforce Relations. A supervisor or manager may not refrain from 

reporting harassment in the workplace where the individual being harassed requests that the supervisor or 

manager keep the matter confidential or requests that the matter not be reported. 

D. If a supervisor observes or is made aware of harassment but the person subject to the 

harassment does not want to file a complaint, does the supervisor still have to make a 

report?

Yes, unlike the EEO process which is triggered by the filing of a complaint by an aggrieved person, the 

anti-harassment policy requires supervisors to immediately report any incident of harassment that comes 

to their attention to the Director of Workforce Relations. 

E. Do I have to go through my supervisor to report harassment? 

No. You may contact either your supervisor or someone else in your chain of command, or one of the 

other individuals listed in Paragraph B above.
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F. Does my report of harassment have to follow a specific format or be in writing? 

No, while submitting a written report that includes specific facts and is dated is best for ensuring a 

comprehensive inquiry, CNCS supervisors, managers, and responsible offices will take appropriate action 

in accordance with this anytime they learn of an allegation of harassment. Managers or supervisors may, 

however, direct individuals to provide written statements or otherwise cooperate in an investigation.

G. What if I am unsure of whether something is actually harassment? 

If you have any questions about whether a situation is covered by this policy, you should discuss the 

matter with the Director of Workforce Relations. 

H. Is my report confidential? 

Management will maintain information received on a confidential, need-to-know basis, and in accordance 

with the Privacy Act. 

IV. HARASSMENT INQUIRIES 

A. What steps must the Director of Workforce Relations follow in conducting an inquiry? 

The Director of Workforce Relations is responsible for the following: 

1. Within 5 business days of receiving a report of alleged harassment, assess and recommend 

appropriate interim relief, including connection with local resources, and possible accommodations,

to prevent further harassment from occurring during the inquiry and providing support to the person 

who reported the conduct. 

2. Within 5 business days of receiving a report of alleged harassment, initiate a fact-finding inquiry, and 

obtain a written summary by the individual conducting the fact-finding inquiry. 

3. Concluding the fact-finding inquiry within 30 business days of the initial report of harassment; the 

timeframe may be extended when necessary to conduct a thorough investigation.

4. At the conclusion of the inquiry, make a recommendation for corrective action, if warranted within 5 

business days. Corrective action may include disciplinary or adverse action against the alleged 

harasser, if the allegations are sustained by the fact-finding inquiry, or if otherwise warranted by the 

inquiry’s findings. Disciplinary action will follow CNCS procedures.

5. Maintain documentation relating to the report and any action taken in a secure location. 

B. Does a report of harassment automatically trigger a formal inquiry? 

No, the scope and nature of the inquiry will depend on the facts of the specific allegation. In some cases, 

the fact-finder might be able to verify undisputed facts directly and determine appropriate management 

action to resolve the matter quickly. In other cases, the allegations might not rise to the level warranting 

an inquiry at all. In still other cases, an independent investigator may need to be retained to conduct a 
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more formal inquiry. The Director of Workforce Relations is responsible for managing the scope and 

nature of any inquiry. In all cases, the decision whether and to what extent to investigate, as well as the 

results of any inquiry, must be documented. 

C. Are the results of the inquiry confidential? 

The summary of the fact-finding inquiry, and other related documentation prepared under this policy, will

be kept confidential in compliance with the Privacy Act. The maintenance of such records and any 

disclosures of information from the records must be in compliance with the Privacy Act.

V. ACTIONS TO BE TAKEN AFTER AN INQUIRY IS COMPLETED 

A. Who is responsible for action based on the result of an inquiry? 

Where appropriate, the results of the inquiry may be referred to CNCS’s EEO process. For cases not 

referred to the EEO process, the first-line supervisor of the employee alleged to have engaged in the 

harassment is responsible for deciding what action to take, after consultation with the Director of 

Workforce Relations and in alignment with CNCS disciplinary guidance , if any, based on the results of 

an inquiry. If the first-line supervisor is involved in the allegation, the Director of Workforce Relations 

will identify an alternate supervisor or manager to provide any corrective action. 

In cases of allegations of sexual harassment, egregious misconduct, or matters with complex facts or 

issues, the supervisor and the Director of Workforce Relations should consult with the Office of General 

Counsel when determining any necessary corrective action. 

B. What are possible actions a supervisor could take after an inquiry is completed? 

The supervisor’s decision will depend on the results of the inquiry and could include but is not limited to:

• closing the matter without any action 

• reminding all staff within an office or department of expectations for conduct in the workplace

• providing verbal or written counseling to the employee found to have engaged in harassment

• initiating disciplinary action up to and including removal for an employee found to have engaged 

in harassment.

C. May a supervisor refer a matter to Alternative Dispute Resolution (ADR)? 

Yes, in consultation with the Director of Workforce Relations, the complainant may suggest ADR as an 

appropriate response to an inquiry. ADR is a voluntary and all parties must agree to engage in the process. 

Alternative Dispute Resolution provides information on the ADR process. If the parties decide not to 

engage in ADR, the inquiry process will proceed as outlined in Section IV: A.

D. What can happen to an employee found to have engaged in harassment under this 

policy? 
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Where the inquiry establishes that an employee engaged in harassment, he or she is subject to appropriate 

corrective action, up to and including removal, in accordance with CNCS’s personnel policies. 

E. How must the supervisor memorialize their decision? 

The supervisor must provide a written report to the Director of Workforce Relations, including a report of 

“no action taken” if that is the outcome, or promptly provide a copy of any corrective action. The Director 

of Workforce Relations may discuss the matter with a member of executive management if necessary.

F. If I have made a report that a colleague has engaged in harassment, will I be informed 

of the result of the inquiry and action taken, including disciplinary action? 

At the end of the inquiry, to the extent permitted under the Privacy Act and the Office of Human Capital 

protocol and practice, the Director of Workforce Relations will notify the individual who made the initial 

report (as well as the individual who is alleged to have engaged in harassment) regarding the results of the 

inquiry. In accordance with CNCS policy, the subject of the harassment inquiry may receive the evidence

relied upon to take corrective action. 

G. What can happen to a supervisor or manager who fails to carry out his or her 

responsibilities under this policy? 

Where the inquiry establishes that a supervisor or manager failed to carry out their responsibilities under 

this policy, they are subject to appropriate corrective action in accordance with CNCS’s personnel 

policies, up to and including removal. 

VI. OFFICE OF INSPECTOR GENERAL 

A. Does this policy apply to the Office of Inspector General? 

Yes, this policy applies to employees of the Office of Inspector General (OIG). The Inspector General, in 

consultation with the Director of Workforce Relations, will receive reports, conduct inquiries, and 

take appropriate action concerning reports of workplace harassment that are alleged to have taken 

place within the OIG.

VII. HARASSMENT BY NON-CNCS EMPLOYEES 

A. What recourse does an employee have if an on-site contractor engages in

harassment? 

The employee or individual should follow the reporting procedures set forth in Section III, above. The 

Director of Workforce Relations is responsible for ensuring that an inquiry is conducted and that 

appropriate corrective action is taken as a result of the inquiry, if warranted. This will likely involve 

coordination with the Procurement Office and the office overseeing the contract. The report of harassment 

will be kept confidential to the extent possible. However, achieving resolution may involve coordination 

with the Procurement Office and manager who supervises the contractor.
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B. What recourse does an employee have if someone unaffiliated with the CNCS, neither 

an employee nor a contractor, engages in harassment in a workplace setting? 

They should follow the reporting procedures in Section III, above. The Director of Workforce Relations is 

responsible for ensuring that an inquiry is made, and appropriate corrective taken as a result of the 

inquiry, if warranted. This will likely involve coordination with the Office of Facilities and Support 

Services at headquarters and the appropriate security official at field offices.