FAA Accountability Board

ADMINISTRATOR’S POLICY STATEMENT ON... THE ACCOUNTABILITY BOARD

POLICY STATEMENT Personal accountability is the cornerstone of the Flight Plan’s goal for organizational excellence. As professionals in the workplace, we are all accountable for our actions. The Accountability Board was created in 1998 to ensure that each of us lives up to this standard.

POLICY STATEMENT Specifically, the Accountability Board reviews responses to allegations and incidences of harassment and misconduct. It was put in place to ensure that our workplace remains free from sexual harassment, offensive behavior, intimidation, hostility, and inappropriate conduct.

POLICY STATEMENT The Accountability Board can not make this happen on its own. Each and every one of us at the FAA has responsibility for ensuring a professional environment in our own organizations and the places where we work. Please join me in making the FAA an example of organizational excellence in the federal service where everyone regardless of gender, race, color, national origin, religion, sexual orientation, age or disability is respected. Marion Blakey May2004

What is the “Accountability Board?” The Board is a cadre of senior executives that oversee management’s response to allegations/incidents of harassment or other misconduct that creates an intimidating, hostile or offensive work environment, as defined in FAA Order 1110.125A. The objectives of the Board are to ensure that all such allegations are responded to in a timely, consistent and appropriate manner.

What specifically does the Board cover? The Board was established in July 1998 to address allegations of sexual harassment, misconduct of a sexual nature and related reprisal. As of July 1, 2000, the Board’s scope will be expanded to also include all allegations/incidents of verbal, written, graphic or physical harassment and other misconduct that creates or that may reasonably be expected to create an intimidating, hostile or offensive work environment based on race, color, religion, gender, sexual orientation, national origin, age or disability.

What the Board does not cover? The scope of this order does not include allegations of discrimination involving non-selections, disciplinary actions, promotions, performance management or other personnel actions. The Board does not create new policy but provides for oversight of existing agency policy in the area of conduct and discipline, civil rights and model work environment. Agency policy prohibits harassment based on an individual’s race, color, religion, gender or sex, sexual orientation, national origin, age or disability. Agency policy also prohibits managers and supervisors from condoning or ignoring such misconduct and prohibits employees from knowingly making false accusations.

How does the Accountability Board work? The Accountability Board process provides aggressive procedures and timeframes for responding to allegations, from the time an allegation is raised to the time corrective action, if found warranted, is initiated. Overall, the Administrator has established 55 days as the goal for dealing with allegations within the scope of the Accountability Board. These timeframes are goals, however, and will, at times, require flexibility, depending on the unique circumstances of individual situations.

Who is on the Accountability Board? The Board is comprised of senior FAA officials, including the Associate Administrator for Civil Aviation Security, the Assistant Administrator for Human Resource Management, the Assistant Administrator for Civil Rights and the Associate/Assistant Administrator employing the individual against whom the allegation is made. A member of the FAA Executive System serves as the Board Director on a full-time basis. A representative from Chief Counsel’s office serves the Board in an advisory capacity. In addition, an independent member from the Office of the Secretary serves on the Board.

What should I do if I believe I am being sexually harassed or harassed because of my race, color, religion, gender, sexual orientation, national origin, age or disability or that such harassment has occurred in my office? If possible, [the FAA wants you to] report it to someone in your supervisory chain. If you are not comfortable doing that, you may use any of the avenues traditionally available to report such allegations, including Civil Rights or the Administrator’s Hotline. For allegations/incidents to be covered within the Board’s scope, they must be reported as soon as possible after the incident occurs, but not later than 60 days after the date the incident is alleged to have occurred.

Can I report allegations directly to the Accountability Board? While we [the FAA] encourage you to use your management chain to report allegations within the scope of the Board, you may also report allegations directly to the Board by calling (202) 267-3065.

What if I do not want management to initiate any action? Once management becomes aware of such allegations, it has an obligation to act. Management must investigate and, based on the facts, take appropriate action. This is the case even if an employee says, “I want to report this but I don’t want you to do anything about it.” FAA is committed to ensuring a workplace environment free of harassment as demonstrated by the oversight of the Accountability Board. Some employees, however, may be concerned about bringing allegations forward, and may even fear reprisal. Reprisal is a serious matter and is also subject to discipline. The FAA is equally committed to dealing aggressively with acts of reprisal.

How does the Board relate to the EEO process? The EEO process and the Accountability Board process are separate. The EEO process is an avenue for employees to seek redress based on unlawful discrimination, including harassment of a discriminatory nature as well as sexual harassment. The Board, on the other hand, provides senior level oversight to ensure managers and supervisors are held accountable for responding properly to allegations within its scope.

How does the Board relate to the EEO process? The existence of the Board, and management’s oversight through the Board, does not change or in any way impact an employee’s rights or requirements under EEO. The EEO process, for instance, has specific timeframes for reporting issues of discrimination. Reporting allegations under the scope of the Board to management or to the Board does not extend or limit those timeframes. If an employee wishes to pursue such allegations through the EEO process, he or she must contact an EEO counselor within 45 days of the date the incident occurred or the date he or she reasonably should have been aware of the alleged discrimination.

If I go to an EEO counselor, will my allegation of harassment be forwarded to the Board? Yes, all allegations of sexual harassment or harassment based on race, color, religion, gender, sexual orientation, national origin, age or disability will be reported to the Board, even when reported to an EEO counselor. In cases in which anonymity is requested during the informal counseling period, the allegation will be forwarded to the Board in a sanitized manner without identifying the aggrieved party.

How can I get more information about the Board? FAA Order 1110.125A, to be published July 1, 2000, provides detailed information about the Board and its process. Information is also available on the Office of Human Resource Management website at: www.FAA.gov/ahr/account/account.cfm In addition, you may contact the Accountability Board Office at (202) 267-3065.

The Accountability Board reviews management's responses to: SCOPE The Accountability Board reviews management's responses to: Allegations of sexual harassment that may include unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when submission to or rejection of such advances or requests:

SCOPE - Are made a term of employment; or - Are the basis for employment decision; or - Unreasonably interfere with an individual's work performance or creates an intimidating, hostile or offensive work environment.

SCOPE Allegations or incidents of misconduct of a sexual nature that include behavior that falls short of the legal definition of sexual harassment but impact on job performance or are not conducive to a professional work environment

SCOPE Allegations or incidents of verbal, written, graphic, or physical harassment and other misconduct that create or that may reasonably be expected to create an intimidating, hostile, or offensive work environment based on - - Race - Color - Religion - Gender- Sexual Orientation - National Origin - Age - Disability

SCOPE Allegations of reprisal for participating in the Accountability Board process.

SCOPE The scope of the Accountability Board does not include allegations of discrimination involving: Non-selections, Disciplinary Actions, Promotions, Performance Management, or Other Personnel Actions

SCOPE The Accountability Board reviews actions taken by management for timeliness, consistency, and appropriateness, but does not recommend or take disciplinary action. The function of the Accountability Board is oversight; it does not usurp managerial or supervisory authority or responsibility.

Timeframes Persons reporting allegations or incidents of harassment or misconduct within the scope of the Accountability Board should report to management or the Accountability Board as soon as possible after the incident occurs but no later that 60 working days after the date the incident is alleged to have occurred.

Timeframes Management must report allegations to the Accountability Board within 2 working days from the date of becoming aware of the allegation. Allegations reported to EEO counselors, Office of Civil Rights Staff, and the Administrator's Hotline must also be reported to the Accountability Board within 2 working days.

Timeframes Management has 15 working days from the date it became aware of the allegation to conduct an inquiry and propose action.

Timeframes If management believes that the allegation warrants a security investigation (based on the sensitivity and complexity of the allegation) and the Accountability Board Director and the Special Investigations Officer concur that an investigation is warranted, the case is referred to the Aviation Security Investigations (ASI) division in the appropriate region. ASI has 30 working days from the date of referral to complete the investigation and generate a report of investigation (ROI). Management has 10 working days from the receipt of the ROI to propose action.

Membership Director, Accountability Board Assistant Administrator for Human Resource Management Assistant Administrator for Civil Rights Assistant Administrator for Security and Hazardous Materials Representative from the Office of the Chief Counsel Representative from the Office of the Secretary of Transportation's Office of Human Resource Management Associate/Assistant Administrator employing the individual against whom the allegation is made.

CONTACTS Office of the Accountability Board 800 Independence Avenue, SW Room 332 AHA-1 Washington, D.C. 20591 Office: 202-267-3065 Fax: 202-493-4852 DIRECTOR Maria C. Fernandez-Greczmiel, AHA-1 CONSULTANTS Tom Novak Andrew Robinson Debbie Williams SECRETARY Natalie Sullivan SPECIAL AGENT INVESTIGATOR Ann Breaux, ASN-100