Federal Aviation Administration (FAA) Accountability Board

10/26/18 1110.125B Chapter 1. General Information 1. Purpose of this Order. This Order defines the scope of the Accountability Board (AB) to include allegations or incidents of verbal, written, graphic, or physical harassment and other misconduct that creates, or may reasonably be expected to create, an intimidating, hostile, or offensive work environment based on age, color, disability, gender, national origin, race, religion, genetic information, sexual orientation, sexual misconduct, reprisal, and management’s failure to report. This Order also prescribes procedures for reporting, investigating, processing such allegations, and analyzing AB data to identify trends to support Agency leadership in addressing allegations of harassment.

2. Audience. This Order applies to all FAA employees and contractors.

3. Where Can I Find this Order? FAA personnel can find this Order on the MyFAA website at https://employees.faa.gov/tools_resources/orders_notices/ . This Order is available to the public at http://www.faa.gov/regulations_policies/orders_notices/ .

4. Cancellation. FAA Order 1110.25A dated June 30, 2000, is canceled.

5. Summary of Changes. This Order reflects extensive evolution in law, regulation, and guidance since the original Order was signed in June 30, 2000. This revision includes: a. The inappropriate and offensive use of social media may come under the scope of the AB.

b. Reprisal for participating in the Board’s process is included as an allegation that falls under the scope of the AB.

c. Management’s failure to report allegations or incidents of harassment to the Board in a timely manner will now fall under the scope of the AB.

d. The inappropriate use of genetic information under the Genetic Information Nondiscrimination Act of 2008.

e. Establishes the method for processing allegations or incidents of harassment that fall outside the scope of the AB. (Other Matter – Appendix A).

f. Changes the title of AB “Consultants” to “Program Managers”.

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10/26/18 1110.125B Chapter 2. Roles and Responsibilities 1. Administrator : a. Mandates compliance with the Order by all employees.

b. Demonstrates the Agency’s commitment to leadership accountability.

c. Takes such measures as may be necessary to incorporate the principles of leadership accountability into the FAA organizational structure.

d. Issues a written policy statement expressing his or her commitment to Equal Employment Opportunity (EEO) and a workplace free of discrimination, harassment, and reprisal or retaliation for prior participation in a protected activity, at the beginning of his or her tenure, and distributes it to all employees.

e. Maintains a reporting structure to provide the AB’s Executive Director with regular access to himself or herself and other senior management officials for reporting on the efficiency and effectiveness of the AB Program.

f. Establishes expectations for all FAA employees and contractors with regard to the AB Program.

2. Executive Director, Accountability Board (AB ): a. Reports to the Assistant Administrator for Human Resources (AHR-1) but has direct access to the Administrator for matters related to the AB that warrant the Administrator’s attention.

b. Chairs the proceedings of the AB.

c. Resolves any conflict of interest involving members of the AB, and makes decisions concerning issues of scope and timeliness raised during the processing of allegations.

d. Provides quarterly reports to the Administrator and heads of lines of business (LOBs) and staff offices (SOs). The Executive Director also provides guidance and identifies procedures to correct identified systemic problems in Agency policies or practices.

e. Continually evaluates the effectiveness of the AB’s procedures and processes.

f. Issues changes as necessary to this Order that do not involve policy or assignment of responsibility.

3. Accountability Board Members: a. Permanent members of the AB are: (1) Executive Director, AB (AHA-1).

(2) Associate Administrator, Security and Hazardous Materials Safety (ASH-1).

2-1 10/26/18 1110.125B (3) Assistant Administrator, Civil Rights (ACR-1).

(4) Assistant Administrator, Human Resource Management (AHR-1).

(5) Department of Transportation, Human Resource Management (M-10).

b. Oversee the processing of all allegations described in Chapter 3, Paragraphs 3a through 3d, to ensure Agency officials are accountable for properly responding to allegations.

c. Ensure that reported allegations are resolved in a timely manner, handled consistently throughout the Agency, and appropriately resolved.

d. Ensure the neutrality of Accountable Officials and resolve any conflicts that may arise, including designating an alternate to perform the functions of the Accountable Official when appropriate.

e. Membership on the AB may not be delegated below the deputy level. The member must be an executive.

f. Ad Hoc Members: For each allegation tracked by the AB, one member will be appointed to serve on the AB from the organization employing the individual against whom the allegation is made or, in some instances, the organization in which the incident allegedly occurred.

(1) A representative from the Office of the Chief Counsel will serve in an advisory capacity, providing legal advice and guidance.

(2) Vice President/Associate/Assistant Administrator (executive-level designee) from the LOB/SO employing the Respondent.

4. Subject Matter Experts: a. May be called upon to provide information and guidance in their respective field of expertise.

b. Examples include the Office of Security and Hazardous Material Safety Special Agents, Labor and Employee Relations (LER) Specialists, Employee Assistance Program Managers, etc.

5. AB Program Managers: a. Report directly to the AB Executive Director and primarily responsible for the administrative duties of the AB.

b. Duties include: (1) Reviews all reported allegations and categorizes allegations appropriately.

(2) Tracks progress of individual cases.

(3) Reviews, manages, analyzes case data, and prepares LOB/SO specific reports.

(4) Schedules and coordinates AB meetings.

2-2 10/26/18 1110.125B (5) Coordinates with Accountable Officials and/or their designee, AB HR POCs and LER Specialists.

(6) Responsible for Agency-wide training regarding the Order.

6. Accountability Board Human Resource Point of Contact (AB HR POC).

a. LER Specialists who advise management officials are assigned by region or facility and receive specialized training from AB Headquarters staff.

b. Advises supervisors and management officials on policies and procedures applicable to allegations covered by this Order.

c. Coordinates and collaborates with the Accountable Official to ensure the evidence of record is sufficient to support the disposition of the allegations or incident.

7. Accountable Official.

a. The Accountable Official (AO) is responsible for ensuring appropriate processing of allegations within his/her organization in accordance with these procedures and specified timeframes.

b. Organizations have the authority to assign/delegate Accountable Officials within their respective organizations. The AO cannot be more than one level below the AB member representing the organization employing the Respondent.

c. The primary responsibilities of the AO include: (1) Notifying the Board within the specified timeframes of any allegations that may fall under the scope of the AB.

(2) Determining appropriate action after becoming aware of an allegation. AO are expected to be familiar with the appropriate policies and/or references including, but not limited to: (a) HRPM Volume 4, ER-4.1, Standards of Conduct; (b) HRPM Volume 4, ER-4.5, FAA Procedures for Disciplinary and Adverse Actions; and (c) HRPM Volume 4, Human Resources Operating Instructions (HROI) – Table of Penalties.

8. ASH Investigations Manager .

a. Reports directly to the Director, Office of Investigations, AXI-1, and coordinates all investigative functions related to AB cases referred for investigation.

b. Assigns allegations to ASH, Office of Investigations (AXI) in Headquarters or the appropriate Regional Office or Center.

2-3 10/26/18 1110.125B c. Tracks the progress of on-going investigations and provides technical direction and oversight to ensure investigations are sufficient and are completed in a consistent and timely manner.

9. ASH Special Agent.

a. Conducts an investigation or digital forensics analysis to determine facts relevant to allegations of harassment or other misconduct of a discriminatory nature, sexual harassment, or misconduct of a sexual nature.

b. Produces a Report of Investigation (ROI) or Cyber Investigative Report (CIR) to the Accountable Official, LER Managers, and AB Program Manager.

c. May be assigned from an external region or facility at the discretion of AXI-1.

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10/26/18 1110.125B Chapter 3. Program Information 1. Background .

a. An increase in the number of allegations of sexual harassment and misconduct of a sexual nature, as well as a perceived lack of accountability in dealing with such allegations, led the Administrator to establish the AB in July 1998 to improve the manner in which the FAA responds to such allegations.

b. The scope of the AB was initially limited to sexual harassment, misconduct of a sexual nature, and related reprisal, with a commitment to expand the AB’s scope after evaluation of the first year.

c. In 2000, the scope of the AB was expanded to include harassment and other misconduct that creates or may create an intimidating, hostile, or offensive work environment, as defined in Chapter 3, Paragraphs 3(a) through 3(f).

2. Policy.

a. This Order provides guidance for oversight of the implementation of existing Agency policy.

In accordance with the Administrator’s Policy Statements on Model Equal Employment Opportunity Workplace, Civil Rights, and Prevention of Sexual Harassment, as well as policy prescribed in the area of conduct and discipline, FAA is committed to providing a work environment free from harassment or other misconduct that creates that may reasonably be expected to create an intimidating, hostile, or offensive work environment, as defined in paragraphs 3a through 3f, sexual harassment, and other misconduct of a sexual nature. Accordingly, no individual in the FAA shall: (1) Engage in harassment or other misconduct that creates or may create an intimidating, hostile, or offensive work environment, as defined by this Order.

(2) Engage in sexual harassment or misconduct of a sexual nature.

(3) Take reprisal action against any person who provides information concerning incidents or allegations within the scope of this Order.

(4) Knowingly make a false accusation of misconduct within the scope of this Order.

(5) Condone or ignore, while in a supervisory position, misconduct within the scope of this Order of which the supervisor or manager has knowledge.

b. Effective leadership is the key to eliminating all forms of harassment or misconduct, as defined by this Order. Accordingly, FAA managers and supervisors must not tolerate such misconduct in any form and must take necessary actions to maintain an appropriate work environment. Allegations of harassment and misconduct within the scope of this Order may be subject to disciplinary action and will not be tolerated at any level.

3. Scope.

a. The AB reviews management’s responses to all allegations incidents of verbal, written, graphic, physical harassment and other misconduct that creates or be expected to create an intimidating, hostile, or offensive work environment based on race, color, religion, gender, sexual orientation, national origin, 3-1 10/26/18 1110.125B age, or disability. Examples of such harassment or misconduct in the workplace may include, but are not limited to: (1) Insulting words, phrases, slurs, stereotyping, intimidating or hostile acts.

(2) Material placed on walls or bulletin boards or circulated in the workplace that insults, degrades or offends.

(3) Actions that threaten and/or result in physical contact such as hitting, shoving, pushing, and/or other acts of aggression.

(4) The inappropriate or offensive use of social media. (HRPM Volume #4, ER-4.1a, Social Media). Employees are bound by the same conduct and ethical rules that apply to off-duty conduct as outlined in HRPM Volume #4, ER-4.1, Standards of Conduct, or prevailing guidance/orders.

b. The AB reviews management’s responses to all allegations of sexual harassment and other misconduct of a sexual nature.

(1) Allegations of sexual harassment may include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when.

(a) Submission to, or rejection of, such advances or requests is explicitly or implicitly made a term of employment.

(b) Submission to, or rejection of, such conduct is the basis for employment decisions; or (c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

(2) Allegations or incidents of misconduct of a sexual nature include behavior that falls short of the legal definition of sexual harassment but nonetheless impacts job performance or is not conducive to a professional work environment. Actions that may not meet the legal definition of sexual harassment, depending on the specific circumstances, but may be considered misconduct of a sexual nature includes a sexual joke, remark, question, an unwelcome letter, text message, telephone call, social media posting or personal email.

c. Allegations of reprisal for reporting or for cooperating in any official inquiry or investigation of allegations set forth in Chapter 3, Paragraphs 3(a) and 3(b) shall also be reported to the AB, and the procedures prescribed in this Order shall apply. Reprisal is the wrongful threatening or taking of unfavorable action against, or withholding favorable action from an employee as the result of, or as a contributory factor of, that employee’s reporting or cooperating in the inquiry or investigation of such allegations.

d. Management’s Failure to Report allegations set forth in Chapter 3, Paragraphs 3(a) through 3(c) shall also be reported to the AB, and the procedures prescribed in this Order shall apply. Management Failure to Report to the Board allegations that fall under the scope of the Board in a timely manner.

e. Allegations that do not fall under the scope of the Board may be chronicled as “Other Matters” and are referred to the respective line of business and appropriate LER Managers for official 3-2 10/26/18 1110.125B notification, follow up and/or action, as necessary. AB (Internal Process) (Appendix A), provides a flow chart of the AB process.

f. The scope of this Order does not include allegations of discrimination involving non-selections, disciplinary actions, promotions, performance management, or other personnel actions.

4. Objectives.

a. The AB provides standardized procedures to ensure the uniform and effective handling of allegations described in Chapter 3, Paragraphs 3(a) through 3(f). The AB oversees the processing of all such allegations to ensure they are responded in a manner that is timely and consistent with Agency policies as outlined in the following: (1) Administrator’s Policy Statement on the AB; (2) FAA Order1400.8.a, Equal Employment Opportunity Program; (3) FAA Administrator’s Policy Statement on Non-Discrimination; (4) FAA Administrator’s Policy Statement on Prevention of Harassment; and (5) HRPM ER-4.1- Standards of Conduct.

b. The AB process ensures managers and supervisors have the necessary resources available to assist them in dealing with allegations and incidents of harassment and misconduct within the scope of this Order. Resources include the Office of Human Resource Management (AHR), the Office of Civil Rights (ACR), AGC, and ASH. Coordination with the appropriate representatives from these offices by management officials is encouraged early in the process and throughout the processing of allegations pursuant to this Order.

c. The AB’s oversight provides the Agency with an assessment of the processing of allegations covered by this Order, independent of the officials responsible for such processing. The AB reviews actions taken for timeliness, consistency, and appropriateness, but does not prescribe disciplinary action.

The AB collects and analyzes data to identify trends in the allegations to assist agency leadership in addressing all allegations reported to the Board. The function of the AB is an oversight; it does not usurp managerial or supervisory authority or responsibility.

d. Benefits resulting from a process emphasizing accountability, timeliness, consistency, and appropriateness include: (1) Ensuring all allegations and incidents of misconduct within the scope of this Order are handled properly.

(2) Ensuring an uniform and consistent approach to address and track all such allegations or incidents.

(3) Creating and maintaining a model work environment to enhance mission accomplishment.

3-3 10/26/18 1110.125B (4) Demonstrating the Agency’s commitment to eliminating harassment or misconduct within the scope of this Order from the workplace.

(5) Reducing potential expenditures of resources required by more formal procedures, such as the Equal Employment Opportunity (EEO) and negotiated grievance processes, as well as potentially reducing the Agency's financial liability.

5. Timeliness Standards.

a. The Reporting Party shall report each allegation or incident of harassment or misconduct within the scope of this Order as soon as possible, but not later than sixty (60) calendar days after the date the incident is alleged to have occurred. Employees are encouraged to report such incidents promptly so the agency can respond to such allegations appropriately and effectively, particularly when disciplinary action may be warranted. Allegations that occur outside of the sixty (60) calendar day timeframe are forwarded to the AB Executive Director for review to determine the merits of a waiver of the time limits.

b. The procedures in this Order apply only to incidents alleged to have occurred on or after October 26, 2018.

c. The objective is for allegations or incidents within the scope of this Order to be reported to the AB, and an inquiry or investigation conducted and appropriate action initiated within a maximum of fifty-five (55) work days from the date the allegation or incident was reported. Specific timeframes for various stages of the process are set forth in paragraph Appendix A (AB Internal Process).

d. The AB Executive Director will review all requests for extension of resolution dates and may approve requests at his/her discretion.

6. Relationship of the Equal Employment Opportunity, Grievance, and Alternative Dispute Resolution Process.

a. The procedures outlined in this Order are separate from the EEO discrimination complaint process and the negotiated grievance process and do not extend or limit the timeframes in those processes. The procedures in this Order are not intended to remedy or redress the interests of individual employees. Rather, this Order emphasizes management's response to acts of misconduct subject to corrective or disciplinary action. Employees may file EEO discrimination complaints or grievances to remedy or redress individual interests, as appropriate.

b. In cases in which there is a subsequent EEO complaint, information and/or reports of investigation (ROI) and other materials generated by these procedures may be made available to the Office of Civil Rights and/or EEO investigators.

c. Information concerning misconduct within the scope of this Order that comes to light during the course of alternative dispute resolution is confidential. Such information should not be reported to the AB except under conditions specified in the Administrative Dispute Resolution Act of 1996, 5 U.S.C.

Section 574.

3-4 10/26/18 1110.125B d. The activities of the AB do not extend or limit the timeframes for filing or processing a complaint in the EEO discrimination complaint process or a grievance in the grievance process. Both the EEO and grievance processes have specific timeframes for filing that must be followed in order for a complaint or grievance to be considered timely. The Employee Notification of the Relationship between the AB Process and the EEO and Grievance Processes (Appendix B), explains the relationship of the AB process to the EEO and grievance processes.

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10/26/18 1110.125B Chapter 4. Administrative Information 1. Training and Awareness.

a. Continuing training for managers and supervisors, and awareness by employees in issues and procedures related to the AB are essential to its success. Particular attention must be given to new employees, managers, supervisors, and contractors; b. Managers and supervisors are responsible for completing the annual training on the processes and functions of the AB. The annual training requirement is mandatory and is posted on FAA’s Talent Development site, under FAA Mandatory Training ( https://my.faa.gov/tools_resources/training_learning/mandatory_training.html ). The training requirement may be accomplished by completing one course from the AB curriculum.

2. Distribution.

a. This Order is available electronically in the Central Repository of Directives at http://emplyees.faa.gov/tools_resources/orders_notices/ b. AHR and its regional facilities are responsible for providing a copy of the AB materials to all new employees with employee information and orientation materials.

c. All organizations are responsible for ensuring that a copy of this Order is available to all managers and supervisors. Managers and supervisors are responsible for disseminating information on the activities of the AB and providing pertinent information to their employees.

3. Authority to Change this Order. The Administrator reserves the authority to issue changes to this Order that involve policy and assignment of responsibilities. The AB Executive Director may issue changes to this Order that do not involve policy or assignment of responsibility.

4. Suggestions for Improvement. If you find deficiencies, need clarification, or want to suggest improvements to this Order, send FAA Form 1320-19, Directive Feedback Information , (written or electronically) to the AB at AWA-AHR-Accountability-Board@faa.gov.

5. Records Management. Refer to Orders 0000.1, FAA Standard Subject Classification System , 1350.14B, Records Management , or your office Records Management Officer/Directives Management Officer for guidance regarding retention or disposition of records.

4-1 10/26/18 1110.125B Appendix A Appendix A. Internal Process A-1 10/26/18 1110.125B Appendix A Internal Process A-2 10/26/18 1110.125B Appendix A A-3 10/26/18 1110.125B Appendix A A-4 10/26/18 1110.125B Appendix B Appendix B. Employee Notification of the Relationship of the Accountability Board Process to the EEO and Grievance Process B-1 10/26/18 1110.125B Appendix C Appendix C. Accountability Board Allegation Report Form C-1 10/26/18 1110.125B Appendix C C-2 10/26/18 1110.125B Appendix C C-3 10/26/18 1110.12B Appendix D Appendix D. Checklist for Conducting Initial Interview D-1 10/26/18 1110.12B Appendix D D-2 10/26/18 1110.12B Appendix D (2) The analysis involves the following steps:r.

D-3 10/26/18 6480.4B Appendix E Appendix E. Checklist for Notifying the Respondent n.

E-1 10/26/18 1110.125B Appendix F Appendix F. Notice to the Respondent F-1 10/26/18 1110.125B Appendix G Appendix G. Directive Feedback Information Please submit any written comment or recommendation for improving this directive, or suggest new items or subjects be added to it. Also, if you find an error, please tell us about it.

Subject: Order FAA Order 1110.125B FAA Accountability Board To: Accountability Board at AWA-AHR-Accountability-Board@faa.gov (Please mark all appropriate line items.)

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Submitted by: Date: FAA Form 1320-19 (10-98) G-1