83_FR_9385 83 FR 9342 - Reporting Requirements Regarding Findings of Sexual Harassment, Other Forms of Harassment, or Sexual Assault

83 FR 9342 - Reporting Requirements Regarding Findings of Sexual Harassment, Other Forms of Harassment, or Sexual Assault

NATIONAL SCIENCE FOUNDATION

Federal Register Volume 83, Issue 43 (March 5, 2018)

Page Range9342-9343
FR Document2018-04374

The National Science Foundation (NSF) is soliciting public comment on the agency's proposed implementation of the new reporting requirements specified in NSF Important Notice No. 144, dated February 8, 2018. The National Science Foundation (NSF) does not tolerate sexual harassment, or any kind of harassment, within the agency, at awardee organizations, field sites, or anywhere NSF-funded science and education are conducted. The 2,000 U.S. institutions of higher education and other organizations that receive NSF funds are responsible for fully investigating complaints and for complying with federal non-discrimination law. 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. 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.

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018) 
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9342-9343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04374]


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NATIONAL SCIENCE FOUNDATION


Reporting Requirements Regarding Findings of Sexual Harassment, 
Other Forms of Harassment, or Sexual Assault

AGENCY: National Science Foundation (NSF).

ACTION: Request for public comment on new reporting requirement for 
sexual harassment, other forms of harassment, or sexual assault.

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SUMMARY: The National Science Foundation (NSF) is soliciting public 
comment on the agency's proposed implementation of the new reporting 
requirements specified in NSF Important Notice No. 144, dated February 
8, 2018.
    The National Science Foundation (NSF) does not tolerate sexual 
harassment, or any kind of harassment, within the agency, at awardee 
organizations, field sites, or anywhere NSF-funded science and 
education are conducted. The 2,000 U.S. institutions of higher 
education and other organizations that receive NSF funds are 
responsible for fully investigating complaints and for complying with 
federal non-discrimination law. 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.
    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.

DATES: Comments must be received by May 4, 2018.

ADDRESSES: Comments should be addressed to Suzanne H. Plimpton, Reports 
Clearance Officer, Office of the General Counsel, National Science 
Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314, email 
[email protected]; telephone: (703) 292-7556; FAX (703) 292-9240. We 
encourage respondents to submit comments electronically to ensure 
timely receipt. We cannot guarantee that comments mailed will be 
received before the comment closing date. Please include ``Reporting 
Requirement Regarding Findings of Sexual Harassment, other Forms of 
Harassment, or Sexual Assault'' in the subject line of the email 
message; please also include the full body of your comments in the text 
of the message and as an attachment. Include your name, title, 
organization, postal address, telephone number, and email address in 
your message.

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 performance of award activities whether at the 
awardee institution, online, or conducted outside the organization, 
such as at field sites or facilities, or during conferences and 
workshops.
    NSF has developed a new proposed term and condition that will 
require awardee organizations to report findings/determinations of 
sexual harassment, other forms of harassment, or sexual assault, 
regarding an NSF funded PI, or any co-PI. The term and condition also 
will require the awardee to notify NSF if it places the PI or any co-PI 
on administrative leave relating to a harassment finding or 
investigation. This term and condition also will make it clear that NSF 
may take unilateral action as necessary to protect the safety of all 
awardee personnel, to include requiring the substitution or removal of 
a PI, or any co-PI, suspension or termination of an award, or a 
reduction in the funding amount. NSF is soliciting public comment on 
this new proposed term and condition, including the information 
required to be reported by the awardee, the full text of which is 
provided below:

Proposed Article X

    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 
performance of award activities whether at the awardee institution, on-
line, or conducted outside the organization, such as at field sites, 
facilities, or conferences/workshops. The awardee is required to notify 
NSF: (1) of any findings/determinations regarding the PI or any co-PI 
\1\ that demonstrate a violation of

[[Page 9343]]

awardee codes of conduct, policies, regulations or statutes relating to 
sexual harassment, other forms of harassment, or sexual assault; and 
(2) if the awardee places the PI, or any co-PI on administrative leave 
\2\ relating to a finding or investigation of a violation of awardee 
codes of conduct, policies, regulations or statutes relating to sexual 
harassment, other forms of harassment, or sexual assault.\3\ Such 
notification must be submitted by the Authorized Organization 
Representative via email to NSF's Office of Diversity and Inclusion at: 
[email protected] within seven business days from the 
date of the finding/determination or the awardee's placement of the PI 
or co-PI on administrative leave. Each notification must include the 
following information:

    \1\ If a co-PI is affiliated with a sub-awardee organization, 
the sub-awardee must provide the requisite information to the 
awardee, which will then transmit it to NSF as instructed above.
    \2\ For purposes of this term and condition, ``administrative 
leave'' includes any administrative action by the awardee that could 
impact the PI's or any co-PI's ability to fulfill their 
responsibilities on the award.
    \3\ Awardee findings/determinations and placement on 
administrative leave during investigation must have been conducted 
in accordance with organizational processes and policies that are 
consistent with federal law and regulation. See, e.g., NSF Research 
Terms and Conditions, Appendix C.
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 NSF Award Number
 Name of PI/or co-PI being reported:
 Type of Report: Select
    [cir] Finding/Determination that the reported individual has been 
found to have violated awardee codes of conduct, policies, regulations 
or statutes relating to sexual harassment, or other form of harassment, 
or sexual assault; or
    [cir] Placement by the awardee of the reported individual on 
administrative leave relating to a finding or investigation of a 
violation of awardee codes of conduct, policies, regulations or 
statutes relating to sexual harassment, or other form of harassment, or 
sexual assault.
 Description of the finding/determination and action taken, if 
any.
 Reason(s)for, and conditions of, placement of the PI or any 
co-PI on administrative leave.
 Plan for continued oversight and implementation of the project 
during the administrative leave period of the reported PI or co-PI.

    The awardee may at any time propose a substitute investigator if it 
determines the PI or any co-PI may not be able to carry out the project 
or activity and/or abide by award terms and conditions.
    Other personnel supported by an NSF award must likewise remain in 
full compliance with awardee codes of conduct, policies, regulations 
and statutes 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 of 
other award personnel and the continued progress of the funded project.
    Taking into account the seriousness of the violation(s) and the 
importance of maintaining the safety of personnel supported by an NSF 
award, the Foundation may take unilateral action, as appropriate, to 
require the substitution or removal of the PI or any co-PI, suspension 
or termination of the award, or a reduction in the award funding 
amount.

End of Proposed Article X

    Implementation: Upon receipt and resolution of all comments, it is 
NSF's intention to implement the new term through revision of 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. The new term and condition will be 
applied to all new NSF awards and funding amendments to existing awards 
made on or after the effective date. This new reporting requirement 
will apply to all findings/determinations that occur on or after the 
effective date of the terms and conditions. With regard to notification 
of placement on administrative leave, the awardee must notify NSF 
within seven business days from the date the awardee determines that 
placement on administrative leave is necessary.
    NSF also plans to incorporate the new award term into the next 
issuance of the NSF Proposal and Award Policies and Procedures Guide, 
as well as to implement an electronic notification capability in 
Research.gov.

    Dated: February 28, 2018.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2018-04374 Filed 3-2-18; 8:45 am]
 BILLING CODE 7555-01-P

9342 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices Title: Request Pertaining to Military harassment, other forms of harassment, Diversity and Inclusion (ODI), National Records. or sexual assault. Science Foundation, 2415 Eisenhower OMB number: 3095–0029. Avenue, Alexandria, VA 22314, email: Agency form number: SF 180 & NA SUMMARY: The National Science harassmentnotifications@nsf.gov; Form 13176. Foundation (NSF) is soliciting public telephone (703) 292–8020; FAX: (703) Type of review: Regular. comment on the agency’s proposed 292–9482. Affected public: Veterans, their implementation of the new reporting authorized representatives, state and requirements specified in NSF SUPPLEMENTARY INFORMATION: As the local governments, and businesses. Important Notice No. 144, dated primary funding agency of fundamental Estimated number of respondents: February 8, 2018. science and engineering research in the 1,028,769. The National Science Foundation United States, NSF is committed to Estimated time per response: 5 (NSF) does not tolerate sexual promoting safe, productive research and minutes. harassment, or any kind of harassment, education environments for current and Frequency of response: On occasion within the agency, at awardee future scientists and engineers. We (when respondent wishes to request organizations, field sites, or anywhere consider the Principal investigator (PI) information from a military personnel NSF-funded science and education are and any co-PI(s) identified on an NSF record). conducted. The 2,000 U.S. institutions award to be in positions of trust. The PI, Estimated total annual burden hours: of higher education and other any co-PI(s) and all personnel supported 85,731 hours. organizations that receive NSF funds are by an NSF award must comport Abstract: The authority for this themselves in a responsible and responsible for fully investigating information collection is contained in accountable manner during the complaints and for complying with 36 CFR 1233.18(d). In accordance with performance of award activities whether federal non-discrimination law. NSF has rules issued by the Department of at the awardee institution, online, or taken steps to help ensure research Defense (DOD) and Department of conducted outside the organization, environments are free from sexual Homeland Security (DHS, US Coast such as at field sites or facilities, or Guard), the National Personnel Records harassment. Additionally, NSF is bolstering our policies, guidelines and during conferences and workshops. Center (NPRC) of the National Archives NSF has developed a new proposed and Records Administration (NARA) communications so that organizations funded by NSF clearly understand term and condition that will require administers military service records of awardee organizations to report veterans after discharge, retirement, and expectations and requirements. NSF is working to make certain that findings/determinations of sexual death. When veterans and other harassment, other forms of harassment, authorized individuals request recipients of grants and cooperative agreements respond promptly and or sexual assault, regarding an NSF information from or copies of funded PI, or any co-PI. The term and documents in military service records, appropriately to instances of sexual harassment, other forms of harassment, condition also will require the awardee they must provide in forms or in letters to notify NSF if it places the PI or any certain information about the veteran or sexual assault. A community effort is essential to eliminate sexual and other co-PI on administrative leave relating to and the nature of the request. Federal forms of harassment in science and to a harassment finding or investigation. agencies, military departments, build scientific workspaces where This term and condition also will make veterans, veterans’ organizations, and people can learn, grow and thrive. it clear that NSF may take unilateral the general public use Standard Forms DATES: Comments must be received by action as necessary to protect the safety (SF) 180, Request Pertaining to Military May 4, 2018. of all awardee personnel, to include Records, in order to obtain information requiring the substitution or removal of from military service records stored at ADDRESSES: Comments should be a PI, or any co-PI, suspension or NPRC. Veterans and next-of-kin of addressed to Suzanne H. Plimpton, termination of an award, or a reduction deceased veterans can also use eVetRecs Reports Clearance Officer, Office of the in the funding amount. NSF is soliciting (http://www.archives.gov/research_ General Counsel, National Science public comment on this new proposed room/vetrecs/) to order copies. A new Foundation, 2415 Eisenhower Avenue, term and condition, including the form, NA Form 13176, Status Update to Alexandria, VA 22314, email splimpto@ information required to be reported by Request for Military Service Records, nsf.gov; telephone: (703) 292–7556; FAX the awardee, the full text of which is was added to allow the veteran or other (703) 292–9240. We encourage provided below: authorized individuals to follow-up on respondents to submit comments their request. electronically to ensure timely receipt. Proposed Article X We cannot guarantee that comments Swarnali Haldar, The Principal investigator (PI), and mailed will be received before the Executive for Information Services/CIO. any co-PI(s) identified on an NSF award comment closing date. Please include [FR Doc. 2018–04387 Filed 3–2–18; 8:45 am] are in a position of trust. These ‘‘Reporting Requirement Regarding BILLING CODE 7515–01–P individuals must comport themselves in Findings of Sexual Harassment, other a responsible and accountable manner Forms of Harassment, or Sexual during the performance of award Assault’’ in the subject line of the email NATIONAL SCIENCE FOUNDATION activities whether at the awardee message; please also include the full institution, on-line, or conducted body of your comments in the text of the Reporting Requirements Regarding outside the organization, such as at field message and as an attachment. Include sradovich on DSK3GMQ082PROD with NOTICES Findings of Sexual Harassment, Other sites, facilities, or conferences/ your name, title, organization, postal Forms of Harassment, or Sexual workshops. The awardee is required to address, telephone number, and email Assault notify NSF: (1) of any findings/ address in your message. determinations regarding the PI or any AGENCY: National Science Foundation FOR FURTHER INFORMATION CONTACT: For co-PI 1 that demonstrate a violation of (NSF). any questions, comments or concerns ACTION:Request for public comment on regarding sexual or other forms of 1 If a co-PI is affiliated with a sub-awardee new reporting requirement for sexual harassment, please contact the Office of organization, the sub-awardee must provide the VerDate Sep<11>2014 19:25 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices 9343 awardee codes of conduct, policies, compliance with awardee codes of PLACE:Commissioners’ Conference regulations or statutes relating to sexual conduct, policies, regulations and Room, 11555 Rockville Pike, Rockville, harassment, other forms of harassment, statutes relating to sexual harassment, Maryland. or sexual assault; and (2) if the awardee other forms of harassment, or sexual STATUS: Public and Closed. places the PI, or any co-PI on assault. With regard to any personnel administrative leave 2 relating to a not in compliance, the awardee must Week of March 5, 2018 finding or investigation of a violation of make appropriate arrangements to Thursday, March 8, 2018 awardee codes of conduct, policies, ensure the safety of other award regulations or statutes relating to sexual 10:00 a.m. Meeting with the Advisory personnel and the continued progress of harassment, other forms of harassment, Committee on the Medical Uses of the funded project. or sexual assault.3 Such notification Isotopes (Public Meeting); (Contact: Taking into account the seriousness of must be submitted by the Authorized Sophie Holiday: 301–415–7865). the violation(s) and the importance of Organization Representative via email to maintaining the safety of personnel This meeting will be webcast live at NSF’s Office of Diversity and Inclusion supported by an NSF award, the the Web address—http://www.nrc.gov/. at: harassmentnotifications@nsf.gov Foundation may take unilateral action, Week of March 12, 2018—Tentative within seven business days from the as appropriate, to require the date of the finding/determination or the There are no meetings scheduled for substitution or removal of the PI or any awardee’s placement of the PI or co-PI the week of March 12, 2018. co-PI, suspension or termination of the on administrative leave. Each award, or a reduction in the award Week of March 19, 2018—Tentative notification must include the following funding amount. There are no meetings scheduled for information: • NSF Award Number End of Proposed Article X the week of March 19, 2018. • Name of PI/or co-PI being reported: Implementation: Upon receipt and Week of March 26, 2018—Tentative • Type of Report: Select resolution of all comments, it is NSF’s Æ Finding/Determination that the There are no meetings scheduled for intention to implement the new term the week of March 26, 2018. reported individual has been found through revision of the NSF Agency to have violated awardee codes of Specific Requirements to the Research Week of April 2, 2018—Tentative conduct, policies, regulations or Terms and Conditions, the Grant statutes relating to sexual Wednesday, April 4, 2018 General Conditions, and the Cooperative harassment, or other form of 10:30 a.m. Discussion of Management Agreement—Financial and harassment, or sexual assault; or and Personnel Issues (Closed Ex. 2, Æ Placement by the awardee of the Administrative Terms and Conditions. The new term and condition will be 6, & 9). reported individual on administrative leave relating to a applied to all new NSF awards and Thursday, April 5, 2018 finding or investigation of a funding amendments to existing awards 10:00 a.m. Meeting with Advisory violation of awardee codes of made on or after the effective date. This Committee on Reactor Safeguards conduct, policies, regulations or new reporting requirement will apply to (Public); (Contact: Mark Banks: statutes relating to sexual all findings/determinations that occur 301–415–3718). harassment, or other form of on or after the effective date of the terms and conditions. With regard to This meeting will be webcast live at harassment, or sexual assault. the Web address—http://www.nrc.gov/. • Description of the finding/ notification of placement on determination and action taken, if administrative leave, the awardee must Week of April 9, 2018—Tentative any. notify NSF within seven business days Tuesday, April 10, 2018 • Reason(s)for, and conditions of, from the date the awardee determines placement of the PI or any co-PI on that placement on administrative leave 10:00 a.m. Briefing on the Annual administrative leave. is necessary. Threat Environment (Closed Ex. 1). • Plan for continued oversight and NSF also plans to incorporate the new Thursday, April 12, 2018 implementation of the project award term into the next issuance of the during the administrative leave NSF Proposal and Award Policies and 9:00 a.m. Briefing on Accident period of the reported PI or co-PI. Procedures Guide, as well as to Tolerant Fuel (Public); (Contact: The awardee may at any time propose implement an electronic notification Andrew Proffitt: 301–415–1418). a substitute investigator if it determines capability in Research.gov. This meeting will be webcast live at the PI or any co-PI may not be able to Dated: February 28, 2018. the Web address—http://www.nrc.gov/. carry out the project or activity and/or Suzanne H. Plimpton, * * * * * abide by award terms and conditions. The schedule for Commission Reports Clearance Officer, National Science Other personnel supported by an NSF Foundation. meetings is subject to change on short award must likewise remain in full notice. For more information or to verify [FR Doc. 2018–04374 Filed 3–2–18; 8:45 am] the status of meetings, contact Denise BILLING CODE 7555–01–P requisite information to the awardee, which will McGovern at 301–415–0681 or via email then transmit it to NSF as instructed above. at Denise.McGovern@nrc.gov. 2 For purposes of this term and condition, ‘‘administrative leave’’ includes any administrative * * * * * action by the awardee that could impact the PI’s or NUCLEAR REGULATORY The NRC Commission Meeting sradovich on DSK3GMQ082PROD with NOTICES any co-PI’s ability to fulfill their responsibilities on COMMISSION Schedule can be found on the internet the award. 3 Awardee findings/determinations and at: http://www.nrc.gov/public-involve/ [NRC–2018–0001] placement on administrative leave during public-meetings/schedule.html. investigation must have been conducted in Sunshine Act Meeting Notice * * * * * accordance with organizational processes and policies that are consistent with federal law and The NRC provides reasonable regulation. See, e.g., NSF Research Terms and DATE: Weeks of March 5, 12, 19, 26, accommodation to individuals with Conditions, Appendix C. April 2, 9, 2018. disabilities where appropriate. If you VerDate Sep<11>2014 19:25 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1


Document Created: 2018-03-03 02:45:27
Document Modified: 2018-03-03 02:45:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRequest for public comment on new reporting requirement for sexual harassment, other forms of harassment, or sexual assault.
DatesComments must be received by May 4, 2018.
ContactFor 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.
FR Citation83 FR 9342 
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