Notification Requirements Regarding Findings of Sexual Harassment, Other Forms of Harassment, or Sexual Assault, 47940-47942 [2018-20574]
Download as PDF
<![CDATA[
47940
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices
To submit
comments:
Send them to:
By mail .........
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
consent decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $10.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2018–20580 Filed 9–20–18; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
daltland on DSKBBV9HB2PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On September 17, 2018, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the Central District of
Illinois in the lawsuit entitled United
States v. City of Springfield, Illinois,
Civil Action No. 3:17–cv–03168.
In August 2017, the United States
filed suit against the City of Springfield,
Illinois (the ‘‘City’) under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’) for the recovery of
response costs incurred at the
Springfield Iron Company Site (the
‘‘Site’’) in Springfield, Illinois. The
Consent Decree resolves the City’s
liability for past response costs at the
Site for a total of $684,000, which will
be paid in four installments over the
course of three years.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States v. City of
Springfield, Illinois, D.J. Ref. No. 90–11–
VerDate Sep<11>2014
17:30 Sep 20, 2018
Jkt 244001
3–11842. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
DEPARTMENT OF JUSTICE
Parole Commission
Sunshine Act Meetings
2:00 p.m., Wednesday,
September 26, 2018.
PLACE: U.S. Parole Commission, 90 K
Street NE, 3rd Floor, Washington, DC.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Determination on TWO original
jurisdiction cases.
TIME AND DATE:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
CONTACT PERSON FOR MORE INFORMATION:
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
proposed Consent Decree upon written
request and payment of reproduction
costs. Please mail your request and
payment to: Consent Decree Library,
U.S. DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
Please enclose a check or money order
for $4.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Randall M. Stone,
Acting Assistant Section Chief,
Environmental Enforcement Section,
Environment and Natural Resources Division.
[FR Doc. 2018–20561 Filed 9–20–18; 8:45 am]
BILLING CODE 4410–15–P
Parole Commission
Sunshine Act Meetings
1:00 p.m. Wednesday,
September 26, 2018.
TIME AND DATE:
U.S. Parole Commission, 90 K
Street NE, 3rd Floor, Washington, DC.
PLACE:
Open.
Approval of
April, May, June, July & August
minutes; Reports from the Vice
Chairman, Commissioners and Senior
Staff.
MATTERS TO BE CONSIDERED:
CONTACT PERSON FOR MORE INFORMATION:
Jacqueline Graham, Staff Assistant to
the Chairman, U.S. Parole Commission,
90 K Street NE, 3rd Floor, Washington,
DC 20530, (202) 346–7010.
Dated: September 17, 2018.
Patricia K. Cushwa,
Acting Chairperson, U.S. Parole Commission.
[FR Doc. 2018–20649 Filed 9–19–18; 11:15 am]
BILLING CODE 4410–31–P
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
Dated: September 17, 2018.
Patricia K. Cushwa,
Acting Chairperson, U.S. Parole Commission.
[FR Doc. 2018–20648 Filed 9–19–18; 11:15 am]
BILLING CODE 4410–31–P
NATIONAL SCIENCE FOUNDATION
Notification Requirements Regarding
Findings of Sexual Harassment, Other
Forms of Harassment, or Sexual
Assault
National Science Foundation.
Final Notice of a new NSF term
and condition regarding sexual
harassment, other forms of harassment,
and sexual assault.
AGENCY:
ACTION:
NSF is publishing, in final
form, a new term and condition
regarding sexual harassment, other
forms of harassment, and sexual assault.
NSF’s intention to develop and
implement this new term and condition
was specified in Important Notice No.
144, dated February 8, 2018.
The National Science Foundation
(NSF) will not tolerate sexual
harassment, other forms of harassment,
or sexual assault within the agency, at
awardee organizations, field sites, or
anywhere NSF-funded science and
education is conducted. The 3,000 U.S.
institutions of higher education and
other organizations that receive NSF
funds are responsible for fully
investigating complaints and for
compliance with federal nondiscrimination laws, regulations, and
executive orders. NSF has taken steps to
help ensure research environments are
free from sexual harassment.
Additionally, NSF is bolstering our
policies, guidelines, and
communications so that organizations
funded by NSF clearly understand
expectations and requirements.
SUMMARY:
DEPARTMENT OF JUSTICE
STATUS:
Jacqueline Graham, Staff Assistant to
the Chairman, U.S. Parole Commission,
90 K Street NE, 3rd Floor, Washington,
DC 20530, (202) 346–7001.
E:\FR\FM\21SEN1.SGM
21SEN1
daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices
NSF is working to make certain that
recipients of grants and cooperative
agreements respond promptly and
appropriately to instances of sexual
harassment, other forms of harassment,
or sexual assault. A community effort is
essential to eliminate sexual and other
forms of harassment in science and to
build scientific workspaces where
people can learn, grow, and thrive.
FOR FURTHER INFORMATION CONTACT: For
any questions, comments, or concerns
regarding sexual or other forms of
harassment, please contact the Office of
Diversity and Inclusion (ODI), National
Science Foundation, 2415 Eisenhower
Avenue, Alexandria, VA 22314, email:
harassmentnotifications@nsf.gov;
telephone (703) 292–8020; FAX: (703)
292–9482.
SUPPLEMENTARY INFORMATION: As the
primary funding agency of fundamental
science and engineering research in the
United States, NSF is committed to
promoting safe, productive research and
education environments for current and
future scientists and engineers. We
consider the Principal Investigator (PI)
and any co-PI(s) identified on an NSF
award to be in positions of trust. The PI,
any co-PI(s), and all personnel
supported by an NSF award must
comport themselves in a responsible
and accountable manner during the
award period of performance whether at
the awardee institution, on-line, or
outside the organization, such as at field
sites or facilities, or during conferences
and workshops.
On March 5, 2018, NSF published a
request for public comment regarding
the agency’s proposed implementation
of new notification requirements
specified in Important Notice No. 144.
[83 FR 9342, pages 9342–9343, March 5,
2018]. All comments were carefully
considered in developing the final
version of the term and condition. A
table listing the comments and NSF
responses is posted on the NSF website
at: www.nsf.gov/harassment.
Upon implementation, the new term
and condition will require awardee
organizations to notify NSF of any
findings/determinations of sexual
harassment, other forms of harassment,
or sexual assault regarding an NSF
funded PI or co-PI. The new term and
condition also will require the awardee
to notify NSF if the PI or co-PI is placed
on administrative leave or if the
awardee has imposed any
administrative action on the PI or any
co-PI relating to any finding/
determination or an investigation of an
alleged violation of awardee policies or
codes of conduct, statutes, regulations,
or executive orders relating to sexual
VerDate Sep<11>2014
17:30 Sep 20, 2018
Jkt 244001
harassment, other forms of harassment,
or sexual assault. Finally, the award
term and condition specifies the
procedures that will be followed by NSF
upon receipt of a notification.
The full text of the revised term and
condition is provided below:
Article X: Notification Requirements
Regarding Sexual Harassment, Other
Forms of Harassment, or Sexual
Assault
The Principal Investigator (PI) and
any co-PI(s) identified on an NSF award
are in a position of trust. These
individuals must comport themselves in
a responsible and accountable manner
during the award period of performance,
whether at the awardee institution, online, or at locales such as field sites,
facilities, or conferences/workshops.
For purposes of this term and
condition, the following definitions
apply:
Sexual harassment: May include but
is not limited to gender or sex-based
harassment, unwelcome sexual
attention, sexual coercion, or creating a
hostile environment, as set forth in
organizational policies or codes of
conduct, statutes, regulations, or
executive orders.
Other Forms of Harassment: Nongender or non-sex-based harassment of
individuals protected under federal civil
rights laws, as set forth in organizational
policies or codes of conduct, statutes,
regulations, or executive orders.
Finding/Determination: The final
disposition of a matter involving sexual
harassment or other form of harassment
under organizational policies and
processes, to include the exhaustion of
permissible appeals exercised by the PI
or co-PI, or a conviction of a sexual
offense in a criminal court of law.
Administrative Leave/Administrative
Action: Any temporary/interim
suspension or permanent removal of the
PI or co-PI, or any administrative action
imposed on the PI or co-PI by the
awardee under organizational policies
or codes of conduct, statutes,
regulations, or executive orders, relating
to activities, including but not limited to
the following: teaching, advising,
mentoring, research, management/
administrative duties, or presence on
campus.
The awardee is required to notify NSF
of: (1) Any finding/determination
regarding the PI or any co-PI 1 that
demonstrates a violation of awardee
policies or codes of conduct, statutes,
1 If a co-PI is affiliated with a subawardee
organization, the Authorized Organizational
Representative of the subawardee must provide the
requisite information directly to NSF, as instructed
in this paragraph.
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
47941
regulations, or executive orders relating
to sexual harassment, other forms of
harassment, or sexual assault; and/or (2)
if the PI or any co-PI is placed on
administrative leave or if any
administrative action has been imposed
on the PI or any co-PI by the awardee
relating to any finding/determination or
an investigation of an alleged violation
of awardee policies or codes of conduct,
statutes, regulations, or executive orders
relating to sexual harassment, other
forms of harassment, or sexual assault.2
Such notification must be submitted by
the Authorized Organizational
Representative (AOR) to NSF’s Office of
Diversity and Inclusion at www.nsf.gov/
harassment within ten business days
from the date of the finding/
determination, or the date of the
placement of a PI or co-PI by the
awardee on administrative leave or the
imposition of an administrative action,
whichever is sooner.3 Each notification
must include the following information:
• NSF Award Number;
• Name of PI or co-PI being
reported; 4
• Type of Notification: Select one of
the following:
Æ Finding/Determination that the
reported individual has been found to
have violated awardee policies or codes
of conduct, statutes, regulations, or
executive orders relating to sexual
harassment, other forms of harassment,
or sexual assault; or
Æ Placement by the awardee of the
reported individual on administrative
leave or the imposition of any
administrative action on the PI or any
co-PI by the awardee relating to any
finding/determination or an
investigation of an alleged violation of
awardee policies or codes of conduct,
statutes, regulations, or executive orders
relating to sexual harassment, other
forms of harassment, or sexual assault.
• Description of the finding/
determination and action(s) taken, if
any; and
• Reason(s) for, and conditions of,
placement of the PI or any co-PI on
2 Awardee findings/determinations and
placement of a PI or co-PI on administrative leave
or the imposition of an administrative action must
be conducted in accordance with organizational
policies and processes. They also must be
conducted in accordance with federal laws,
regulations, and executive orders.
3 Such notification must be provided regardless of
whether the behavior leading to the finding/
determination, or placement on administrative
leave, or the imposition of an administrative action
occurred while the PI or co-PI was carrying out
award activities.
4 Only the identification of the PI or co-PI is
required. Personally identifiable information
regarding any complainants or other individuals
involved in the matter must not be included in the
notification.
E:\FR\FM\21SEN1.SGM
21SEN1
47942
Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
administrative leave or imposition of
administrative action.
The awardee, at any time, may
propose a substitute investigator if it
determines the PI or any co-PI may not
be able to carry out the funded project
or activity and/or abide by the award
terms and conditions.
In reviewing the notification, NSF
will consider, at a minimum, the
following factors:
a. The safety and security of
personnel supported by the NSF award;
b. The overall impact to the NSFfunded activity;
c. The continued advancement of
taxpayer-funded investments in science
and scientists; and
d. Whether the awardee has taken
appropriate action(s) to ensure the
continuity of science and that continued
progress under the funded project can
be made.
Upon receipt and review of the
information provided, NSF will consult
with the AOR, or designee. Based on the
results of this review and consultation,
the Foundation may, if necessary, assert
its programmatic stewardship
responsibilities and oversight authority
to initiate the substitution or removal of
the PI or any co-PI, reduce the award
funding amount, or where neither of
those previous options is available or
adequate, to suspend or terminate the
award.
Other personnel supported by an NSF
award must likewise remain in full
compliance with awardee policies or
codes of conduct, statutes, regulations,
or executive orders relating to sexual
harassment, other forms of harassment,
or sexual assault. With regard to any
personnel not in compliance, the
awardee must make appropriate
arrangements to ensure the safety and
security of other award personnel and
the continued progress of the funded
project. Notification of these actions is
not required under this term and
condition.
End of Article X
Implementation: NSF will incorporate
the new term and condition into the
NSF Agency Specific Requirements to
the Research Terms and Conditions, the
Grant General Conditions, and the
Cooperative Agreement/Financial and
Administrative Terms and Conditions.
These revised terms and conditions will
become effective thirty days from the
date of publication in the Federal
Register.
Awardees are strongly encouraged to
conduct a thorough review of the term
and condition to determine whether the
new requirements necessitate any
changes to the institution’s policies and
VerDate Sep<11>2014
17:30 Sep 20, 2018
Jkt 244001
procedures. The new term and
condition will be effective for any new
award, or funding amendment to an
existing award, made on or after the
effective date. For these purposes, this
means that any finding/determination,
placement on administrative leave or
the imposition of any administrative
action by the institution made on or
after the start date of an award or
funding amendment subject to the new
term will invoke the new notification
requirements.
Dated: September 17, 2018.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2018–20574 Filed 9–20–18; 8:45 am]
BILLING CODE 7555–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
Privacy Act of 1974; System of
Records
Occupational Safety and Health
Review Commission.
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, 5 U.S.C. 552a, as
amended, the Occupational Safety and
Health Review Commission (OSHRC) is
providing notice of a new Privacy Act
system of records, designated as
Emergency Contact Information,
OSHRC–1.
DATES: Comments must be received by
OSHRC on or before October 22, 2018.
The new system of records will become
effective on that date, without any
further notice in the Federal Register,
unless comments or government
approval procedures necessitate
otherwise.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: rbailey@oshrc.gov. Include
‘‘PRIVACY ACT SYSTEM OF
RECORDS’’ in the subject line of the
message.
• Fax: (202) 606–5417.
• Mail: One Lafayette Centre, 1120
20th Street NW, Ninth Floor,
Washington, DC 20036–3457.
• Hand Delivery/Courier: same as
mailing address.
Instructions: All submissions must
include your name, return address, and
email address, if applicable. Please
clearly label submissions as ‘‘PRIVACY
ACT SYSTEM OF RECORDS.’’
FOR FURTHER INFORMATION CONTACT: Ron
Bailey, Attorney-Advisor, Office of the
General Counsel, via telephone at (202)
SUMMARY:
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
606–5410, or via email at rbailey@
oshrc.gov.
The
Privacy Act of 1974, 5 U.S.C. 552a(e)(4),
requires federal agencies such as
OSHRC to publish in the Federal
Register notice of any new system of
records. This system of records consists
of paper records—contact information
cards that all OSHRC personnel,
including Commission members,
employees, and contractors, complete
when first starting work at the agency.
These cards are shredded when the
subject of the card no longer works at
the agency. The cards, which are
organized in a file by the subject’s name,
include the subject’s full name, home
telephone number and address; a person
to contact in the event of an emergency;
that person’s home telephone number
and address, and office telephone
number; and the subject’s relationship
to the emergency contact. Electronic
contact lists are also maintained on a
shared OSHRC drive, with access
restricted to the system manager
(OSHRC’s human resources specialist)
and office managers. These electronic
records include the names of all OSHRC
personnel, their home and office
telephone numbers, and their home
addresses.
The notice for OSHRC–1, provided
below in its entirety, is as follows.
SUPPLEMENTARY INFORMATION:
SYSTEM NAME AND NUMBER
Emergency Contact Information,
OSHRC–1.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Executive Director,
OSHRC, 1120 20th Street NW, Ninth
Floor, Washington, DC 20036–3457.
SYSTEM MANAGER(S):
Human Resources Specialist, 1120
20th Street NW, Ninth Floor,
Washington, DC 20036–3457; (202) 606–
5100.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 661(e); 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
maintain current information on OSHRC
personnel to allow office managers or
other pertinent agency personnel to
provide notification about, and/or
respond to, emergency conditions.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system of records covers all
current OSHRC personnel, including
E:\FR\FM\21SEN1.SGM
21SEN1
]]>Agencies
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47940-47942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20574]
=======================================================================
-----------------------------------------------------------------------
NATIONAL SCIENCE FOUNDATION
Notification Requirements Regarding Findings of Sexual
Harassment, Other Forms of Harassment, or Sexual Assault
AGENCY: National Science Foundation.
ACTION: Final Notice of a new NSF term and condition regarding sexual
harassment, other forms of harassment, and sexual assault.
-----------------------------------------------------------------------
SUMMARY: NSF is publishing, in final form, a new term and condition
regarding sexual harassment, other forms of harassment, and sexual
assault. NSF's intention to develop and implement this new term and
condition was specified in Important Notice No. 144, dated February 8,
2018.
The National Science Foundation (NSF) will not tolerate sexual
harassment, other forms of harassment, or sexual assault within the
agency, at awardee organizations, field sites, or anywhere NSF-funded
science and education is conducted. The 3,000 U.S. institutions of
higher education and other organizations that receive NSF funds are
responsible for fully investigating complaints and for compliance with
federal non-discrimination laws, regulations, and executive orders. NSF
has taken steps to help ensure research environments are free from
sexual harassment. Additionally, NSF is bolstering our policies,
guidelines, and communications so that organizations funded by NSF
clearly understand expectations and requirements.
[[Page 47941]]
NSF is working to make certain that recipients of grants and
cooperative agreements respond promptly and appropriately to instances
of sexual harassment, other forms of harassment, or sexual assault. A
community effort is essential to eliminate sexual and other forms of
harassment in science and to build scientific workspaces where people
can learn, grow, and thrive.
FOR FURTHER INFORMATION CONTACT: For any questions, comments, or
concerns regarding sexual or other forms of harassment, please contact
the Office of Diversity and Inclusion (ODI), National Science
Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314, email:
[email protected]; telephone (703) 292-8020; FAX: (703)
292-9482.
SUPPLEMENTARY INFORMATION: As the primary funding agency of fundamental
science and engineering research in the United States, NSF is committed
to promoting safe, productive research and education environments for
current and future scientists and engineers. We consider the Principal
Investigator (PI) and any co-PI(s) identified on an NSF award to be in
positions of trust. The PI, any co-PI(s), and all personnel supported
by an NSF award must comport themselves in a responsible and
accountable manner during the award period of performance whether at
the awardee institution, on-line, or outside the organization, such as
at field sites or facilities, or during conferences and workshops.
On March 5, 2018, NSF published a request for public comment
regarding the agency's proposed implementation of new notification
requirements specified in Important Notice No. 144. [83 FR 9342, pages
9342-9343, March 5, 2018]. All comments were carefully considered in
developing the final version of the term and condition. A table listing
the comments and NSF responses is posted on the NSF website at:
www.nsf.gov/harassment.
Upon implementation, the new term and condition will require
awardee organizations to notify NSF of any findings/determinations of
sexual harassment, other forms of harassment, or sexual assault
regarding an NSF funded PI or co-PI. The new term and condition also
will require the awardee to notify NSF if the PI or co-PI is placed on
administrative leave or if the awardee has imposed any administrative
action on the PI or any co-PI relating to any finding/determination or
an investigation of an alleged violation of awardee policies or codes
of conduct, statutes, regulations, or executive orders relating to
sexual harassment, other forms of harassment, or sexual assault.
Finally, the award term and condition specifies the procedures that
will be followed by NSF upon receipt of a notification.
The full text of the revised term and condition is provided below:
Article X: Notification Requirements Regarding Sexual Harassment, Other
Forms of Harassment, or Sexual Assault
The Principal Investigator (PI) and any co-PI(s) identified on an
NSF award are in a position of trust. These individuals must comport
themselves in a responsible and accountable manner during the award
period of performance, whether at the awardee institution, on-line, or
at locales such as field sites, facilities, or conferences/workshops.
For purposes of this term and condition, the following definitions
apply:
Sexual harassment: May include but is not limited to gender or sex-
based harassment, unwelcome sexual attention, sexual coercion, or
creating a hostile environment, as set forth in organizational policies
or codes of conduct, statutes, regulations, or executive orders.
Other Forms of Harassment: Non-gender or non-sex-based harassment
of individuals protected under federal civil rights laws, as set forth
in organizational policies or codes of conduct, statutes, regulations,
or executive orders.
Finding/Determination: The final disposition of a matter involving
sexual harassment or other form of harassment under organizational
policies and processes, to include the exhaustion of permissible
appeals exercised by the PI or co-PI, or a conviction of a sexual
offense in a criminal court of law.
Administrative Leave/Administrative Action: Any temporary/interim
suspension or permanent removal of the PI or co-PI, or any
administrative action imposed on the PI or co-PI by the awardee under
organizational policies or codes of conduct, statutes, regulations, or
executive orders, relating to activities, including but not limited to
the following: teaching, advising, mentoring, research, management/
administrative duties, or presence on campus.
The awardee is required to notify NSF of: (1) Any finding/
determination regarding the PI or any co-PI \1\ that demonstrates a
violation of awardee policies or codes of conduct, statutes,
regulations, or executive orders relating to sexual harassment, other
forms of harassment, or sexual assault; and/or (2) if the PI or any co-
PI is placed on administrative leave or if any administrative action
has been imposed on the PI or any co-PI by the awardee relating to any
finding/determination or an investigation of an alleged violation of
awardee policies or codes of conduct, statutes, regulations, or
executive orders relating to sexual harassment, other forms of
harassment, or sexual assault.\2\ Such notification must be submitted
by the Authorized Organizational Representative (AOR) to NSF's Office
of Diversity and Inclusion at www.nsf.gov/harassment within ten
business days from the date of the finding/determination, or the date
of the placement of a PI or co-PI by the awardee on administrative
leave or the imposition of an administrative action, whichever is
sooner.\3\ Each notification must include the following information:
---------------------------------------------------------------------------
\1\ If a co-PI is affiliated with a subawardee organization, the
Authorized Organizational Representative of the subawardee must
provide the requisite information directly to NSF, as instructed in
this paragraph.
\2\ Awardee findings/determinations and placement of a PI or co-
PI on administrative leave or the imposition of an administrative
action must be conducted in accordance with organizational policies
and processes. They also must be conducted in accordance with
federal laws, regulations, and executive orders.
\3\ Such notification must be provided regardless of whether the
behavior leading to the finding/determination, or placement on
administrative leave, or the imposition of an administrative action
occurred while the PI or co-PI was carrying out award activities.
---------------------------------------------------------------------------
NSF Award Number;
Name of PI or co-PI being reported; \4\
---------------------------------------------------------------------------
\4\ Only the identification of the PI or co-PI is required.
Personally identifiable information regarding any complainants or
other individuals involved in the matter must not be included in the
notification.
---------------------------------------------------------------------------
Type of Notification: Select one of the following:
[cir] Finding/Determination that the reported individual has been
found to have violated awardee policies or codes of conduct, statutes,
regulations, or executive orders relating to sexual harassment, other
forms of harassment, or sexual assault; or
[cir] Placement by the awardee of the reported individual on
administrative leave or the imposition of any administrative action on
the PI or any co-PI by the awardee relating to any finding/
determination or an investigation of an alleged violation of awardee
policies or codes of conduct, statutes, regulations, or executive
orders relating to sexual harassment, other forms of harassment, or
sexual assault.
Description of the finding/determination and action(s)
taken, if any; and
Reason(s) for, and conditions of, placement of the PI or
any co-PI on
[[Page 47942]]
administrative leave or imposition of administrative action.
The awardee, at any time, may propose a substitute investigator if
it determines the PI or any co-PI may not be able to carry out the
funded project or activity and/or abide by the award terms and
conditions.
In reviewing the notification, NSF will consider, at a minimum, the
following factors:
a. The safety and security of personnel supported by the NSF award;
b. The overall impact to the NSF-funded activity;
c. The continued advancement of taxpayer-funded investments in
science and scientists; and
d. Whether the awardee has taken appropriate action(s) to ensure
the continuity of science and that continued progress under the funded
project can be made.
Upon receipt and review of the information provided, NSF will
consult with the AOR, or designee. Based on the results of this review
and consultation, the Foundation may, if necessary, assert its
programmatic stewardship responsibilities and oversight authority to
initiate the substitution or removal of the PI or any co-PI, reduce the
award funding amount, or where neither of those previous options is
available or adequate, to suspend or terminate the award.
Other personnel supported by an NSF award must likewise remain in
full compliance with awardee policies or codes of conduct, statutes,
regulations, or executive orders relating to sexual harassment, other
forms of harassment, or sexual assault. With regard to any personnel
not in compliance, the awardee must make appropriate arrangements to
ensure the safety and security of other award personnel and the
continued progress of the funded project. Notification of these actions
is not required under this term and condition.
End of Article X
Implementation: NSF will incorporate the new term and condition
into the NSF Agency Specific Requirements to the Research Terms and
Conditions, the Grant General Conditions, and the Cooperative
Agreement/Financial and Administrative Terms and Conditions. These
revised terms and conditions will become effective thirty days from the
date of publication in the Federal Register.
Awardees are strongly encouraged to conduct a thorough review of
the term and condition to determine whether the new requirements
necessitate any changes to the institution's policies and procedures.
The new term and condition will be effective for any new award, or
funding amendment to an existing award, made on or after the effective
date. For these purposes, this means that any finding/determination,
placement on administrative leave or the imposition of any
administrative action by the institution made on or after the start
date of an award or funding amendment subject to the new term will
invoke the new notification requirements.
Dated: September 17, 2018.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2018-20574 Filed 9-20-18; 8:45 am]
BILLING CODE 7555-01-P
