U.S. Merit Systems Protection Board

ANTI-HARASSMENT POLICY AND

PROCEDURES 

December 1, 2023 
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Anti-Harassment Policy and Procedures

Table of Contents

Purpose and Background....................................................................................................... 1

Scope .................................................................................................................................... 1

Authorities............................................................................................................................ 1

Definition.............................................................................................................................. 2

General Provisions................................................................................................................. 3

Responsibilities..................................................................................................................... 3

Chairman........................................................................................................................................ 3 

Anti-Harassment Officer................................................................................................................ 3 

Supervisors..................................................................................................................................... 4 

Employees...................................................................................................................................... 5 

Director of Equal Employment Opportunity ................................................................................. 5 

Director of Human Resources........................................................................................................ 5 

Office of General Counsel.............................................................................................................. 6 

Fact-Finders ................................................................................................................................... 6 

Procedure ............................................................................................................................. 6

Reporting Harassment................................................................................................................... 6 

Response to Harassment Reports ................................................................................................. 7 

Actions of the Anti-Harassment Officer ........................................................................................ 7 

Further Investigation ..................................................................................................................... 7 

Conducting Fact-Finding ................................................................................................................ 7 

Authorizing the Fact-Finding ......................................................................................................... 8 

Conducting Interviews................................................................................................................... 8 

Retaliation Prohibition................................................................................................................... 8 

Concluding Fact-Finding ................................................................................................................ 9 

Notifying the Alleged Target.......................................................................................................... 9 

Taking Corrective Action................................................................................................................ 9 

Maintaining Confidentiality, Keeping Records, and Monitoring Compliance............................. 10

Distribution......................................................................................................................... 10

Effective Date and Implementation ..................................................................................... 10 
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Appendices ......................................................................................................................... 11

A: Notice of Rights and Responsibilities of MSPB Employees Alleging Harassing Conduct ....... 11

B: Investigation Process Information for Alleged Harassers....................................................... 12

C: Sample Fact-Finding Authorization Letter............................................................................... 13

D: Interview Tips.......................................................................................................................... 14

E: Questions to Ask Parties and Witnesses ................................................................................. 16

F: Sample Statement of Facts...................................................................................................... 17

G: Fact-Finding Report Template................................................................................................. 18

H: Harassment Activity Reporting/Tracking Form....................................................................... 20

I: Frequently Asked Questions..................................................................................................... 21

J: Privacy Act Information............................................................................................................ 24
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1. PURPOSE AND BACKGROUND

This document implements anti-harassment policy requirements described in the Equal 

Employment Opportunity Commission’s (EEOC) Management Directive (MD) 715, requiring 

agencies to establish effective anti-harassment programs.

1 The EEOC issued sections II (A) and 

(C) of MD-715, requiring model EEO programs to promulgate written procedures for addressing 

harassment in the workplace. The legal authority for this requirement was established by the 

Supreme Court in two decisions concerning harassment liability, Burlington Industries v. Ellerth, 

524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998).

It is the U.S. Merit Systems Protection Board’s (MSPB) policy that its worksites shall be free 

from harassment, including sexual harassment and sexual misconduct. MSPB will not tolerate

harassment and other forms of discrimination based on race, national origin or ethnicity, color, 

religion, sex (including pregnancy, sexual orientation, and gender identity or expression), age 

(40 years of age and over), disability, genetic information (including family medical history), or 

reprisal for protected activity. Retaliation against any employee for reporting such matters, 

including sexual harassment or sexual misconduct, or for assisting in any inquiry about such a 

report, is strictly prohibited. Agency employees are expected to maintain the highest standards

of conduct to ensure proper performance of duties and uphold model workplace principles.

The goal of this policy is to promote a workplace that is free from harassment; address any

unwelcome hostile conduct based on a protected characteristic by ensuring that appropriate 

officials are notified of—and have the opportunity to promptly correct—such conduct before it 

becomes so severe or pervasive as to violate the law, or as soon as possible thereafter, before 

such behaviors become widespread, common, or repeated throughout the agency. 

This policy supersedes the previous MSPB Anti-Harassment Policy and Procedures dated June 6, 

2022.

2. SCOPE

This policy applies to employees, applicants, contractors, interns, and visitors to MSPB offices.

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3. AUTHORITIES

A. Equal Employment Opportunity Management Directive 715 (2003).

B. Enforcement Guidance: Vicarious Liability for Unlawful Harassment by Supervisors (1999).

1 For detailed information about the Commission’s requirements, see EEOC’s Federal sector online resource: 

Model EEO Programs Must Have An Effective Anti-Harassment Program. 2 Only employees may request a full inquiry under these procedures. However, contractors, interns, and visitors to 

MSPB worksites may report harassment by an MSPB employee, and such conduct will be addressed by select 

mechanisms in this procedure; furthermore, non-employees in MSPB worksites are required to adhere to high

standards of conduct in their interactions with MSPB employees.
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C. Title VII of the Civil Rights Act of 1964, as amended.

D. The Rehabilitation Act of 1973 (29 U.S.C. Section 791), as amended.

E. Americans with Disabilities Act Amendments Act of 2008.

F. Age Discrimination in Employment Act of 1967.

G. EEOC Regulations To Implement the Equal Employment Provisions of the Americans With 

Disabilities Act Amendments Act, as Amended (2011).

H. Title I of the Americans with Disabilities Act of 1990 (ADA).

I. Genetic Information Nondiscrimination Act of 2008.

J. Executive Order 13672 (2014).

4. DEFINITION

Harassment, in the context of this policy, is a form of employment discrimination that includes 

unwelcome conduct based on race, national origin or ethnicity, color, religion, sex (including 

pregnancy, sexual orientation, and gender identity or expression), age (40 years of age and 

over), disability, genetic information (including family medical history), and retaliation for 

protected activity, where:

• an employee’s acceptance or rejection of such conduct explicitly or implicitly forms the 

basis for an employment decision affecting the employee; or

• the conduct is sufficiently severe or pervasive as to alter the terms, conditions, or 

privileges of employment, or otherwise create a hostile work environment. This type of 

harassment typically does not involve discrete personnel actions such as denial of 

promotion or an adverse action (like a counseling or reprimand) from a supervisor.

Examples of harassment include but are not limited to: offensive or derogatory jokes, memes or 

cartoons; racial, ethnic, disability, or sex-based slurs; pressure for dates or sexual favors; 

bullying or intimidation; ridicule, insult, or abusive comments; and unwelcome physical 

gestures or contact, based on any protected characteristic.

Harassment can occur in a variety of circumstances in the workplace, including, but not limited 

to, the following:

• The harasser can be a person in the target's supervisory chain, a supervisor in another 

area, a coworker, or a subordinate.

• Anyone affected by the offensive conduct may make a harassment report, even 

someone who is not specifically the target.

• Unlawful harassment may occur without tangible injury to the target.
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Employees are encouraged to inform the harasser directly that the conduct is unwelcome and 

must stop. Certain circumstances may leave the employee uncomfortable with directly 

confronting the harasser. For this and other reasons, employees should also report harassment 

to management at an early stage to prevent its escalation.

5. GENERAL PROVISIONS

Separation Between the Anti-harassment and EEO Processes.

The agency’s anti-harassment process and EEO process are separate and distinct. The Antiharassment process seeks to prevent harassment and address and resolve harassing conduct. 

The EEO process is designed to make individuals whole for discrimination that already has 

occurred and to prevent the recurrence of the unlawful discriminatory conduct. The agency’s 

Anti-harassment process does not affect an employee’s right to file an EEO complaint, nor does 

it alter required timelines for filing such a complaint. Employees may access either or both 

processes as discussed later in this document.

The agency must ensure that the employee who is raising allegations of harassment is fully 

aware that MSPB’s anti-harassment process is entirely separate from the EEO complaints 

process. Therefore, each employee reporting harassment will be provided with a Notice of 

Rights and Responsibilities clearly stating the distinctions between the two processes. (See 

Appendix A. Notice of Rights and Responsibilities of Employees Alleging Harassment.)

Confidentiality.

The agency will maintain information reported and gathered about allegations of harassing 

conduct as confidential, to the greatest extent practicable. MSPB does not guarantee complete 

confidentiality since it cannot conduct effective fact-finding without revealing certain 

information to the alleged harasser and potential witnesses. However, information about 

allegations of harassment should be shared only with those who need to know about it. 

For those conducting investigations, they should explain that they will maintain as much 

confidentiality as possible in view of the requirements of the investigation. Investigators should 

explain that they will maintain as much confidentiality as feasible, but the agency may still have 

a responsibility to investigate the matter.

6. RESPONSIBILITIES

A. Chairman, or their designee, will ensure that an effective anti-harassment procedure is 

established and issue a signed, annual policy statement affirming its principles.

B. The Anti-Harassment Officer, or their designee, will:

(1) Ensure an effective anti-harassment policy and procedure, in collaboration with 

the EEO Director and Human Resources (HR) Director;
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(2) Serve as Anti-Harassment Program manager, and be the primary point of contact 

for persons alleging harassment and managers receiving allegations of 

harassment, and conduct inquiries, or designate management officials as 

appropriate to conduct inquiries, as described in this procedure;

(3) Work with the HR Director to ensure that the performance plans of all 

supervisors include an element covering compliance with this procedure;

(4) Provide the EEO Director with annual data and narratives regarding actions taken 

under this procedure, for the purpose of determining the agency’s compliance 

with EEOC’s directives and requirements;

(5) Work in partnership with the EEO Director to provide appropriate training to all 

employees regarding this procedure;

(6) Collaborate with the EEO Director to ensure dissemination of the annual EEO 

policy statement from the Chairman, and to evaluate the performance of the 

anti-harassment program generally;

(7) Ensure posting of information about the anti-harassment policy and procedure, 

and be identified clearly in the posting as a consultant for supervisors and 

employees;

(8) Receive reports of alleged violations of this policy, and as described in the 

procedure, make or direct further investigation into such reports as necessary;

(9) Maintain a written record of reports made and actions taken pursuant to this 

policy and procedure;

(10) Assist managers and supervisors in ensuring that appropriate corrective action 

is taken; 

(11) Assist with consultation of union representatives, as needed;

(12) Protect the confidentiality of employees who report harassment, to the extent 

practicable; Maintain proper tracking and files in accordance with this policy and 

procedure; and

(13) Act as, or designate, a fact-finder to conduct an investigation into allegations of 

harassment where the need for fact-finding is indicated.

C. Supervisors are expected to: 

(1) Understand their rights and responsibilities under these procedures;

(2) Refrain from engaging in harassing conduct;

(3) Cooperate fully in any inquiry under this procedure;

(4) Participate in training as required by the agency;
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(5) Promote a workplace free from harassing conduct;

(6) Ensure that their staff are aware of this procedure and its requirements;

(7) Act promptly to address any harassing conduct of which they are aware;

(8) Notify their own chain of command of reported or observed harassing conduct;

(9) Take prompt corrective action when it is determined that harassment has 

occurred, including disciplinary action, following consultation with the HR

Director and OGC; and

(10) Maintain confidentiality of employees who report harassment, to the extent 

practicable under the circumstances.

D. Employees are expected to:

(1) Understand their rights and responsibilities under these procedures;

(2) Refrain from engaging in harassing conduct;

(3) Report harassing conduct in the workplace, to a supervisor, the Anti-Harassment 

Officer, the HR Director, or the EEO Director, if subjected to harassing conduct or 

witnessing harassing conduct;

(4) Cooperate fully in any inquiry under these procedures; and

(5) Participate in training as required by the agency.

E. Director of the Office of Equal Employment Opportunity (OEEO) will:

(1) Collaborate with the Anti-Harassment Officer and HR Director to ensure an 

effective anti-harassment policy and procedures;

(2) Receive harassment allegations and ensure the information is provided to the 

appropriate Anti-Harassment Officer;

(3) Provide guidance on all EEO matters to employees, supervisors, and 

management officials;

(4) Collaborate with Anti-Harassment Officer to ensure dissemination of the annual 

EEO policy statement from the Chairman, and 

(5) Evaluate the effectiveness of the anti-harassment program and prepare 

narratives and statements for MD-715 purposes.
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F. Director of Human Resources (HR) will:

(1) Collaborate with Anti-Harassment Officer and the EEO Director to ensure an

effective anti-harassment policy and procedures;

(2) Receive harassment allegations and ensure the information is provided to the 

appropriate Anti-Harassment Officer; and

(3) Provide guidance on all HR matters to employees, supervisors, and management 

officials related to this policy and procedure.

G. Office of General Counsel (OGC) will:

(1) Be consulted by, and provide legal advice regarding anti-harassment matters to, 

supervisors, managers, the Anti-Harassment Officer, and the HR Director, as 

needed; and

(2) Consult with the HR Director if disciplinary personnel actions are indicated as a 

result of fact-finder conclusions.

H. Fact-Finders will:

(1) Be appointed to conduct a prompt and thorough investigation into the allegation(s) 

of harassment, to the extent that the manager or supervisor does not personally act 

as the fact-finder;

(2) Not be subordinate to any official involved in the matter being investigated;

(3) Be impartial and competent to perform the fact-finding, as verified by the 

appropriate Anti-Harassment Officer; and

(4) Upon the completion of the fact-finding, prepare a fact-finding Report to be given to 

the Anti-Harassment Officer. If the fact-finder is not the Anti-Harassment Officer, the 

fact-finder shall notify the servicing officer that the report has been completed.

7. PROCEDURE

A. Reporting Harassment. Any employee who believes that they have has been subject to 

or witnessed harassment in violation of this policy, is encouraged to inform the 

person(s) responsible for the conduct that it is unwelcome and offensive and to request 

that it stop. If the conduct continues, or if the employee feels uncomfortable 

confronting the person about the conduct, they should report the matter promptly to:

(1) Their first line supervisor;

(2) Another management official in their supervisory chain;

(3) The Anti-Harassment Officer;
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(4) The HR Director; or

(5) The EEO Director.

B. Response to Harassment Reports. An official who is informed of, otherwise becomes 

aware of, harassing conduct, must inform the Anti-Harassment Officer, and initiate an 

inquiry immediately to determine:

(1) The conduct at issue, and whether it may constitute harassment;

(2) Who may be involved in the incident(s);

(3) Whether immediate action is required to insulate the alleged target from the 

alleged harasser3; and

(4) What steps may be advisable, as appropriate, to address the claim.

C. Actions of the Anti-Harassment Officer. The Anti-Harassment Officer may convene a 

group discussion with the HR and EEO Director if it appears the nature of the allegation 

is unsuitable for the anti-harassment policy and procedure. If the allegation is deemed 

unsuitable, the Anti-Harassment Officer will notify the employee of that fact, in writing, 

with an explanation. If the allegation is deemed suitable for this procedure, the AntiHarassment Officer will promptly:

(1) Acknowledge receipt of the allegation in writing, and if the Anti-Harassment 

Officer was the direct recipient of the allegation, will notify management in the 

office implicated in the report, their higher-level management official, and OGC; 

(2) Designate a primary fact-finder to conduct an inquiry; and

(3) Take any other necessary and appropriate action.

D. Further Investigation. The Anti-Harassment Officer and OGC will determine how the 

inquiry will be carried out and direct further investigation. The Anti-Harassment Officer

may engage management officials from outside the responsible office, conduct the 

inquiry, or engage an outside investigative service if they deem it necessary. The inquiry 

must be conducted without delay, impartially, and in a manner appropriate to the 

allegation.

E. Conducting Fact-finding. Where fact-finding is deemed by the Anti-Harassment Officer

to be necessary, supervisors or managers will act as the fact-finder to conduct an inquiry

3 For instance: Making schedule changes to avoid contact between the parties and using all available tools to 

separate them, including a temporary detail of the alleged harasser; expanded telework; placing the alleged 

harasser on non-disciplinary leave with pay pending the conclusion of the inquiry; arranging for an employee to 

report to an alternate supervisor while the inquiry is being conducted. OGC will be consulted before implementing 

any changes.
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into allegations of harassing conduct. The appointed fact-finder may not be in the 

reporting supervisory chain nor subordinate to any official or employee involved or 

alleged to be involved in the matter.

The primary goal of fact-finding is to ascertain the facts pertinent to the incident, what 

caused the incident, the outcome of the incident, and what actions need to be taken 

that will improve the probability that similar incidents will be prevented in the future.

The fact-finder should conduct this inquiry as an official duty. Conflicts with pre-existing,

regular duties should be resolved within the management chain. 

The Anti-Harassment Officer shall also ensure that designated fact-finders have been 

provided a copy of this procedural document and have had an opportunity to refamiliarize themselves with its requirements. 

There may be some situations where minimal fact-finding is needed. For example, if the 

alleged harasser does not deny the accusation, the fact-finder may be able to limit their 

assessment to meeting with the reporting employee and the alleged harasser. All factfinding – no matter the scope – needs to be a documented, detailing the incident, a 

description of the inquiry and factual findings, with a copy to the Anti-Harassment 

Officer, and, if an EEO complaint has concurrently been filed, also to the EEO Director.

F. Authorizing the Fact-finding. Upon a determination that fact-finding and a formal 

report is needed, the Anti-Harassment Officer will either:

(1) Conduct the fact-finding, or

(2) Prepare an authorization letter designating a fact-finder and outlining the scope

of the inquiry.

The essential elements of the authorization letter are set forth in Appendix C: Sample 

Fact-Finding Authorization Letter.

G. Conducting Interviews. The fact-finding shall include, at a minimum, interviews with key 

individuals such as the alleged target, the alleged harasser, and any witnesses to the 

conduct or incidents in question. For a detailed discussion on conducting interviews, see 

Appendix D: Interview Tips. For examples of appropriate questions to ask alleged 

targets, alleged harassers, and other witnesses, see Appendix E: Questions to Ask Parties 

and Witnesses. Several other considerations impacting the interview process are 

addressed therein.

H. Retaliation Prohibition. Fact-finders should be aware that the anti-harassment process 

prohibits retaliation against employees who report harassment or who provide 

information related to such allegations. Therefore, when conducting interviews, the 
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official who interviews the parties and witnesses should remind interviewees about the 

agency’s prohibition against retaliation.

I. Concluding Fact-finding. There is no set formula to dictate when enough information 

has been gathered to ensure that a fact-finder has fully completed an inquiry. The 

following guidelines are offered to assist with determining when enough testimony and 

evidence have been collected:

(1) When all parties and witnesses with relevant information have been 

interviewed, and relevant physical evidence collected.

(2) When the preponderance of testimonial and physical evidence indicates that the 

facts of the case in question have been, or have not been, substantiated.

(3) When the testimony is redundant and it is unlikely that further testimony will 

discover new information essential to the fact-finding.

J. Notifying the Alleged Target. The assigned Anti-Harassment Officer will notify the 

employee who reported the harassment of the completion of the procedure, and 

outcome to the extent permitted under the Privacy Act and/or other applicable law. A 

target does not need to know, and may not be provided with, the outcome of any 

disciplinary action against an alleged harasser. Except if required by the EEO 

investigation or as part of an appropriate discovery request, a target is not to be 

provided with a copy of the fact-finding report. The Anti-Harassment Officer may 

consult with the HR Director, OGC, the Privacy Officer, and/or the EEO Director about 

this notification.

K. Taking Corrective Action. If at any time during the investigative process or thereafter, it 

is determined that harassing conduct has occurred, corrective action should be taken,

which may include interim relief for the target and/or disciplinary action for the 

harasser. Interim relief must occur within 30 days of receiving the complaint. 

Disciplinary action, to the extent possible, must be initiated within 60 days of receiving 

the investigative report, if applicable.

To determine the appropriate corrective action, the Anti-Harassment Officer will consult 

with the program office implicated in the report and with OGC, as appropriate. The 

action necessary will depend on the severity or pervasiveness of the offense, the action 

required in order to end such conduct and prevent its recurrence, the harasser’s prior 

disciplinary and conduct history, and other factors which Federal personnel regulations

require to be considered. A non-exhaustive list of possible corrective actions follows:

(1) Meeting with or counseling the responsible party about their conduct;

(2) Training on appropriate conduct in the workplace;

(3) Transferring the responsible party to a work location that provides distance from 

the reporting party; or if requested by the reporting party, transferring the 

reporting party to a different work location;
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(4) Suspension; 

(5) Demotion; 

(6) Removal from the Federal service. 

All corrective action must be documented by the deciding official or supervisor and 

should be carried out in consultation with the HR Director and OGC. 

Supervisors and management officials who fail to perform their obligations as set forth 

in this policy and procedures may also be subject to disciplinary action, up to and 

including removal. 

L. Maintaining Confidentiality, Keeping Records, and Monitoring Compliance.

All reports of harassment and related information will be maintained as confidential to 

the greatest extent possible. The identity of the employee alleging violations of this 

policy will be kept confidential, except as necessary to conduct an appropriate 

investigation into the alleged violations or when otherwise required by law. Names of 

the parties and witnesses, however, will be included in final reports. 

Where the EEO Director or Anti-Harassment Officer concludes that a full inquiry and 

fact-finding are not necessary, the Anti-Harassment Officer must still prepare a 

summary report that acknowledges: (1) the allegations, (2) the assessment conducted, 

and/or (3) the rationale for conducting a limited or no inquiry. A copy of that report will 

be maintained by the HR Director, and employees will be informed as to whether it will 

be included in their personnel file. 

M. Notification to the Professional Association.

The Agency will provide data collected in Appendix H annually to the Professional 

Association. 

8. DISTRIBUTION

A link to this policy shall be made available to all MSPB employees, posted on the MSPB 

intranet landing page (Portal) and the OEEO portal. New MSPB employees will be provided 

with this information as part of employee orientation. A link to this policy shall also be 

made available on the MSPB public website.

9. EFFECTIVE DATE AND IMPLEMENTATION

This policy is effective immediately upon signature. 

____________________________ ___________________

Cathy A. Harris, Acting Chairman Date

December 1, 2023
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Appendix A:

Notice of Rights and Responsibilities of MSPB Employees Alleging Harassing Conduct

Employees who believe they have been subjected to harassing conduct have the right to:

1. Report the matter immediately. In the event that the employee’s first-line supervisor is the alleged 

harasser, the employee shall contact the second-level supervisor, the Anti-Harassment Officer, the HR

Director, or the EEO Director (the “Responding Official”).

2. Expect that the Responding Official, if not the Anti-Harassment Officer, will report the alleged incident 

of harassing conduct to the Anti-Harassment Officer.

3. Pursue the matter under MSPB’s Anti-Harassment Policy and Procedures, the EEOcomplaint 

procedures, or both processes simultaneously. The process established under the Anti-Harassment Policy 

and Procedures is entirely separate and apart from the EEO complaint process. An employee who reports 

harassment in accordance with the Anti-Harassment Policy and Procedures has not filed an EEO 

complaint under 29 CFR Part 1614. A consultation with a management official is not EEO counseling for 

purposes of filing an EEO complaint. An employee who wishes to file a complaint of discrimination must 

contact the EEO Director within 45 days of the most recent act alleged to be harassment.

4. Confidentiality will be maintained to the extent practicable. MSPB cannot guarantee complete 

confidentiality because it cannot conduct an effective fact-finding without revealing certain information to 

the alleged harasser and potential witnesses.

5. Present and pursue the allegation of harassing conduct free fromrestraint, interference, 

coercion, harassment, and reprisal.

6. Prompt notification upon completion of the fact-finding. However, to the extent that disciplinary 

action is taken, the employee shall not be apprised of the disciplinary action taken against a harasser.

Employees alleging harassment have the responsibility to:

1. Fully cooperate with the presentation of information, to include scheduling of interviews or meetings, 

responding to correspondence, providing requestedmaterial or information, and identifying individuals 

who may have information relevant to their allegations, in the processing of their allegations of harassing

conduct.

2. Notify the Anti-Harassment Officer or their designee of any questions or concerns about the AntiHarassment Policy and Procedures.

I acknowledge that received a copy of this form and a copy of the Agency’s Anti-Harassment Policy and 

Procedures.

_____________________________________ _______________________________

Employee Name and Signature Date Agency Official Date
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Appendix B:

Investigation Process Information for Alleged Harassers

1. MSPB must inform the alleged harasser that an allegation of harassing conduct has been 

brought against them. This must include the name of the alleged target, the allegations 

brought, and when the allegation was reported.

2. As a person identified or alleged to be responsible for harassing conduct, the employee will be 

asked to provide information relating to the allegations. The alleged harasser is responsible 

for fully cooperating with the fact-finding process.

3. If there are individuals who can provide information concerning the allegations of harassment, 

the alleged harasser should be prepared to furnish the supervisor, the Anti-Harassment 

Officer, or the fact-finder with their contact and employment information. The fact-finder will 

determine what interviews and documentation are necessary.

4. The information in the Fact-Finding Report is protected by the Privacy Act, and the 

information contained therein may only be shared on a “need toknow” basis, meaning as part 

of performing a person’s official duties.

5. If the parties involved in the allegations are members of the bargaining unit, the supervisor or 

manager conducting the inquiry should coordinate with OGC to ensure all labor relations 

obligations are met in conducting the inquiry.

6. An alleged harasser must notify the Anti-Harassment Officer of any questions or concernsthey 

may have about the Anti-Harassment Policy and Procedures.
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Appendix C:

Sample Fact-Finding Authorization Letter

Date: 

To:

From: [insert Anti-Harassment Officer’s name]

Subject: Authorization of Fact-Finding

, an employee in [insert MSPB office] has raised an allegation of harassment. 

In accordance with MSPB’s Anti-Harassment Policy and Procedures, I hereby authorize the 

individual identified below to conduct a fact-finding into this allegation.

Name Job Title

Upon identification, will expect your complete cooperation in 

this matter.

[insert Anti-Harassment Officer’s signature block with name and job title]

cc:

Fact-Finder/Designee
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Appendix D:

Interview Tips

1. Purpose of the Interview Questions. Fact-finders must understand that the purpose of interviews is 

to obtain relevant facts. Relevant facts are those that are important to deciding the previously 

identified allegations. They are outcome determinative; therefore, fact-finding questions must be 

designed to obtain the relevant facts. Also, remember that for every piece of disputed evidence, there 

should be a factual finding.

2. Interviewing Techniques. Interviewing techniques will vary depending upon thefacts, 

circumstances, and witnesses. Consider the following suggestions as techniques to elicit the best, 

most reliable information from interviewees:

a. All questions asked during the interview must be directed toward discoveringthe

answers to who, what, when, where, and how.

b. Avoid beginning with too-specific questions, as they may inhibitthe witness. They may 

feel that only those items mentioned arepertinent and no more.

c. The first set of questions should establish the witness’ title and office for the record.

d. The second set of questions should establish the witness’ knowledge of the events. Elicit a 

description of the scene first; then ask about the relatedaction. Asking open-ended questions allows 

the witness to tell their version of events. Once they have related the narrative, specific questions may 

be asked to clarify key points and gather additional information.

e. Compound questions are confusing and should be avoided. Ask simple questions without clauses 

that the witness might miss or be confused by.

f. Avoid leading questions—that is, ones that suggest an answer. Examples: “This isn’t the first 

time you’ve called the alleged target after 10 PM, is it?” or, “You confronted yourcoworker in the 

hallway, didn’t you?” Leading questions can leadto distortions of the events, witness intimidation, or 

false memories.

g. Problems can also arise when asking questions that are answered by a simple yes or no. This 

limits the witness to answering only specific questions, and in many instances the witness has a 

tendency to answer affirmatively just to be agreeable.They are appropriate in limited situations, where 

a direct response isimportant.

h. Keep the format simple and carefully choose the language as word choice can affect an

answer.

i. Actual interview: If fact-finding addresses specific events, inquire about all events during the 

relevant timeframe in chronological blocks of time. For each block ask, who, what, when, where, 

and how. Examplesinclude:

1. What was the alleged conduct?

2. Who was present?
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3. What was said?

4. What exactly occurred?

5. When did it occur?

6. Where did it occur?

7. How did this affect you?

8. How did it occur?

9. Where did it happen?

10. Who else may have information or have been present?

j. The fact-finder should also determine the following:

1. What was said or done?

2. Who said it or did it?

3. When was it said or done?

k. The fact-finder should keep in mind the following:

1. Always ask if there is any other information they have about the situationthat they believe 

could be significant.

2. Don’t tell one witness what another specific witnesssaid.

3. Always maintain control.

4. Don’t discuss personal opinions or conclusions.

5. Don’t make accusatory statements.

6. Resolve contradictions.

l. The fact-finder should always ask the individual reporting the alleged harassment and the alleged 

harasser, to identify individuals that they believe have information relevant to the allegations. 

Reminder: character witnesses who have no knowledge of the alleged harassment are not 

individuals with relevant information. 

m. The fact-finder should remind all interviewees that the MSPB prohibits retaliation against 

individuals participating in an investigation, and that interviewees should report concerns about 

retaliation promptly to the Anti-Harassment Officer.

3. Interview Closing Phase.

a. At the end of every interview, bolster the witness, whether they are friendlyorhostile. This can 

be accomplished by using the following statements:

1. “Is there anything else you think I need to know?”

2. “If you have any doubts, is there anything else you think you should tellme?”

3. Remind the witness, “This is for the record.”

b. Always give the witness the opportunity to contact the fact-finder if additional information is 

later recalled or comes to their attention. Not everyone can think ofevery detail on the spot, especially 

under what is likely a very stressful circumstance, and the questioning may well trigger further search 

of memory and available records. This is normal and routine.
16

Appendix E:

Questions to Ask Parties and Witnesses

The following are examples of questions that may be appropriate to ask the parties and potential 

witnesses. Any actual fact-finding should be tailored to the particular facts.

1. Questions to Ask the Alleged Target:

a. Who, what, when, where, and how: Who engaged in the alleged conduct? What exactly 

occurred or was said? When did it occur and is it still ongoing? Where did it occur? How 

often did it occur? How did it affect you?

b. How did you react? What was your response when the incident occurred or afterwards?

c. Are there any persons who have relevant information? Was anyone present when the 

alleged conduct occurred? Did you tell anyone about it? Did anyone see you immediately 

after the alleged conduct?

d. Did the person who believe harassed you engage in what you consider inappropriate conduct 

toward anyone else at that time? Do you know whether anyone complained about the 

inappropriate conduct by that person?

e. Are there any notes, physical evidence, or documentation regarding the incident(s)?

f. How would you like to see the situation resolved?

g. Do you know of any other relevant information?

2. Questions to Ask the Alleged Harasser:

a. What is your response to the allegations? Give us your recollection of thewho, what, when,

where, and how concerning the alleged event(s).

b. Are there any persons who have relevant information?

c. Are there any notes, physical evidence, or other documentation regarding the incident(s)?

d. Do you know of any other relevant information?

3. Questions to Ask Third Parties:

a. What did you see or hear? When did this occur? Describe the allegedharasser’s behavior toward 

the target and toward others in the workplace.

b. What, if anything, did the target tell you? When did they tell you this?

c. Do you know of any other information you think is relevant?

d. Are there other persons who you think may have relevant information?
17

Appendix F:

Sample Statement of Facts

STATEMENT OF FACTS

I, , [position title, grade, and series], [location], MSPB, make the 

following statement freely and voluntarily to , who has identified 

themself to me as a fact-finder for the agency, obtaining information and fact-finding in 

relation to an allegation(s) of harassment in violation of MSPBpolicy.

I have been informed that this statement may be used in evidence. I understand that this 

statement may be shown to interested and relevant parties and those with a legal right to 

know.

[STATEMENT]

I have read the above statement, consisting of [X] pages, and it is true and complete to the 

best of my knowledge.

Witness Signature and Date
18

Appendix G:

Fact-Finding Report Template

The Fact-Finding Report will vary from case to case. In simple cases, for example, an incident 

that occurs with the supervisor present, the report may consist of a supervisor’s brief 

memorandum to the file describing the inappropriate conduct and what was done to address it. 

In more complex cases, the fact-finder will need to prepare a more in-depth document. 

However, the document should be as concise as possible, laying out only the necessary

information to decide whether prompt action should be taken to address the matter, and if so, 

what action is needed. The template below provides an outline of the information to be 

provided when it is determined thatan in-depth report is appropriate.

1. Preliminary Statement.

a. Identify the authority for conducting fact-finding. The paragraph should generally read as 

follows: “This fact-finding was authorized by [name/title] on [date] per memorandum 

dated [date].”

b. Identify the purpose and scope of the fact-finding.

I. The initial purpose of the fact-finding should be concisely stated. For example: 

“to conduct a fact-finding into whether harassment in violation of MSPB

policy occurred when . . .”

II. The fact-finding should always be limited in scope to just the allegation for which 

the fact-finding has been authorized. However, if during the course of the 

fact- finding, information was provided to the fact-finder that goes beyond 

the scope of the current fact-finding, a note to the reader should be provided:

Example: “Fact-finding was limited to the alleged incident. Two employees 

and one contractor found to have knowledge pertinent to the incident 

were interviewed.”

Example: “During the course of the fact-finding, two other employees made

two additional allegations of harassment by [name].”

2. List or Summary of Witnesses Interviewed.
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3. Findings of Fact.

a. Findings go to the who, what, when, where, and how. Findings arethe resolutions 

of the details.

b. The findings should be set forth in a narrative addressing all the pertinent evidence. 

In a good narrative, the issues are set out and resolved in an orderlyway. The 

simplest way to organize the narrative is to describe the allegation and then 

describe what each witness had to say about it.

c. Keep in mind that there must be a reference to exhibits, to the extent they exist, in 

support of every factual assertion. Therefore, after every factual statement, any

exhibits supporting that statement should be identified in parentheses. The exhibits 

are not repeated in the narrative; they are described. This must be done correctly 

and fairly. It is not fair, for example, to describe a witness as “admitting” a fact when 

he merely stated it and the fact does not bear on his culpability. In other words, 

watch the use of emotionally-charged language. Such language will impair

credibility.

4. Signature.

a. The fact-finder shall sign the Fact-Finding Report.

b. Signatures reflect the accuracy of the Fact-Finding Report and view of the fact-finder.

5. Exhibits.

a. This section of the Fact-Finding Report includes an index of all exhibits, if any,

supporting the findings and a descriptive heading of each. The exhibits should be 

included in their entirety. The Fact-Finding Report is incomplete if the exhibits are not 

part of the package.

b. This section includes any material referred to or considered in the findings of fact, 

e.g., e-mails and photographic images.

c. Exhibits may also include signed statements from the parties andwitnesses, 

depending on the complexity and severity of the allegations.
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Appendix H:

Harassment Activity Reporting/Tracking Form

MERIT SYSTEMS PROTECTION BOARD

Harassment Activity Reporting/Tracking

Case 

Number

Date 

Allegation 

Reported

Time In 

Inventory

Basis(es) Issue(s) Relationship of Alleged 

Harasser and Target

(e.g., supervisoremployee; employeeemployee)

FactFinder

Status
21

Appendix I:

Frequently Asked Questions

What is harassment for the purpose of this policy and procedures?

Harassment is as any unwelcome conduct, verbal or physical, based on an individual 

membership in a protected class as outlined in the MSPB EEO Policy Statement, including as 

retaliation for making reports or allegations of harassment or providing information related to 

such allegations when: (1) The behavior can reasonably be considered to adversely affect the 

work environment, and/or (2) an employment decision affecting the employee is based upon 

the employee’s acceptance or rejection of such conduct.

What are some examples of harassment as defined above?

The following are examples of conduct that may be considered harassment:

(1) Threatening that rejection of sexual overtures will affectappointments, 

promotions, transfers, or evaluations;

(2) Belittling caricatures or objects depicting persons of a particular race,national origin, 

religion, or other protected characteristic;

(3) Racial, ethnic, or sex-based jokes, memes, cartoons, or stories;

(4) Teasing, mimicking, or repeatedly commenting on an individual’s disability,

accent, or other protected characteristic;

(5) Offensive comments, jokes, or suggestions about an employee’s gender, including 

conformity or non-conformity;

(6) Obscene or lewd comments, slurs, jokes, epithets, suggestions, or gestures;

(7) Commenting on an employee’s body or sexual characteristics;

(8) Displaying nude or sexually suggestive objects, pictures, images, or cartoons;

(9) Continuing prohibited behavior after a co-worker has objected;

(10) Laughing at, ignoring, or retaliating against an employee who raisesa 

harassment allegation; and

(11) Bullying, intimidating, or threatening behavior.

What if I believe I have been harassed, but not based on the reasons above?

MSPB’s Anti-Harassment Policy and Procedures are not intended to establish a general civility 

code. Therefore, petty slights or minor annoyances are not covered. In addition, harassment is 

limited to the definition and protected categories as defined in the annual EEO Policy Statement. If 

the alleged conduct does not involve one of these categories, or you are not sure whether it does 

or not, but the behavior is nonetheless unwelcome and offensive, you may still wish to report it to 

your supervisor or the Anti-Harassment Officer, who can then decide whether the Anti-
22

Harassment Program is the appropriate venue. There may be other options you may wish to 

explore to address your concerns. The HR Director or bargaining unit officer can provide additional 

information regarding those options.

Where should I go to report harassment?

MSPB employees who believe they have been the target of harassment should report the matter 

immediately to their first-line supervisor, another management official in their reporting 

structure, Anti-Harassment Officer, HR Director, EEO Director, or other management official.

What is the intent of the MSPB Anti-Harassment Policy and Procedures?

The Anti-Harassment Policy and Procedures sets up a process for management to address 

allegations of harassment and take immediate and appropriate corrective action, including use of 

disciplinary action to eliminate harassing conduct regardless of whether the conduct violated the 

law. The goal is to address harassing conduct at the earliest possible stage before it can become 

“severe or pervasive” harassment within the meaning of anti-discrimination laws.

Is reporting harassment the same as filing an EEO complaint?

No. The Anti-Harassment Policy and Procedures do not affect an employee’s rights under the EEO 

complaint process. The Anti-Harassment process is entirely separate and apart from the EEO 

complaint process. This means that an employee who reports harassment in accordance with the 

Anti-Harassment Policy and Procedures has not filed an EEO complaint. An employee who wishes 

to file an EEO discrimination complaint should contact the EEO Director within 45 days of the 

alleged harassing conduct.

What are the roles of managers and supervisors?

Managers and supervisors are responsible for maintaining a work environment free of harassment. 

Managers or supervisors who observe or are made aware of allegations of harassing conduct are 

required to act promptly, effectively, and in accordance with MSPB’s Anti-Harassment Policy and 

Procedures in order for there to be a determination of the scope of the alleged harassing conduct 

and so corrective or disciplinary action can be implemented as appropriate and necessary.

What is the role of the Anti-Harassment Officer?

The Anti-Harassment Officer is responsible for serving as the point of contact for all antiharassment matters. Their role includes, but is not limited to, assisting managers and supervisors 

in addressing allegations of harassment and maintaining official records. For instance, the Officer

determines whether to proceed with an investigation, helps ensure that a proper fact-finding 

process is completed, and ensures that prompt and appropriate corrective action is taken if MSPB

determines that harassing conduct has occurred.

If I report harassment, will the information provided be kept confidential?

All information shall remain confidential to the greatest extent possible, based on the severity 

of the circumstances, in accordance with the Privacy Act. Information is restricted to those who 
23

have a “need to know” and may include the Anti-Harassment Officer, fact-finders, witnesses, 

the alleged harasser, and supervisors who are required to take action on the matter raised. In 

matters involving allegations of sexual assault, the grave illegality of the alleged actions may 

require escalation to a greater number of individuals.

If I’m a contractor or intern who believes I have been harassed by an MSPB

employee, what should I do?

Contact MSPB’s Anti-Harassment Officer, HR Director, or EEO Director for information and guidance.

If I report harassment and then change my mind about going forward with the allegations, 

what happens?

Depending on the circumstances, MSPB may still be obligated to assess the allegations and take 

appropriate measures to ensure a harassment free work environment. The Anti-Harassment Officer 

will make that determination.

If I make a report of harassment, will it remain confidential?

All reports of hostile or abusive conduct, and related information, will be maintained on a 

confidential basis to the greatest extent possible. The identity of the employee alleging 

harassment will be kept confidential, except as necessary to conduct an appropriate investigation 

into the alleged violations or when otherwise required by law.

What happens if there are no witnesses to a claim of harassment?

Even if there are no witnesses, the agency will conduct an inquiry and talk to those persons 

involved.

Is it possible to be harassed by someone who is not my supervisor?

Yes. The harasser does not have to be your supervisor for the harassment to be illegal. MSPB has 

a responsibility to provide a workplace free from harassment, whether the harasser is your 

supervisor, a supervisor in another department, a co-worker, or a subordinate.

Can I be punished for complaining about harassment?

No. It is against the law and a violation of Title VII for you to be retaliated against for reporting 

harassment. If you believe you have been subjected to retaliation, please contact the EEO 

Director immediately.

What if I witness inappropriate conduct?

Employees who know of harassing or abusive conduct directed at others are encouraged to report 

the matter to the supervisor of the offending employee, another supervisor or other management 

official, the Anti-Harassment Officer, HR Director, or EEO Director.
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Appendix J:

Privacy Act Information

1. Managers, supervisors, and other officials receiving allegations of harassment should 

provide the alleged target with a Privacy Act Statement.During fact-finding, fact-finders 

should provide all witnesses in the fact-finding with a copy of the Privacy Act Statement. The 

following Privacy Act Statement should be used.

Any information concerning this matter shall not be disclosed, discussed, or shared with other 

individuals unless they have a direct need to know in the performance of their official duties. 

Unauthorized disclosure of any information concerning this matter may result in CIVIL and 

CRIMINAL penalties.

2. When providing document(s) for review or signature, fact-finders should use the 

following coversheet containing the Privacy Act Statement.

PRIVACY ACT DATA COVER 

SHEET

DOCUMENTS ENCLOSED ARE SUBJECT TO THE PRIVACY ACT OF 1974

Contents shall not be disclosed, discussed, or shared with individuals unless they have a 

direct need to know in the performance of their official duties.

Deliver this document(s) directly to the intended recipient. DO NOT send to, or drop off, with 

a third party.

The enclosed document(s) may contain personal or privileged information and should be 

treated as “Controlled Unclassified Information.” Unauthorized disclosure of this 

information may result in CIVIL and CRIMINAL penalties. If you are not the intended 

recipient or believe that you have received this document(s) in error, do not copy, 

disseminate, or otherwise use the information, and contact the owner/creator or MSPB’s 

Chief Privacy Officer in the Office of the Clerk of the Board regarding the document(s).