Accountability Board

1
Accountability Board

• Process Briefing

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OBJECTIVE

• Discuss the scope of the Board.
• Understand the procedural aspects of the
  Accountability Board process.
• Recognize the requirement to report all
  allegations within the Boards scope to the
  Accountability Board .
• Identify resources available (i.e., Human
  Resources, Legal, Security, Civil Rights) for
  Handling Board allegations.
• Understand the distinction between the
  Accountability Board process and other processes
  to include the EEO and grievance processes.

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THE BOARD

• Role is oversight
• Review all allegations under Boards scope,
  regardless of origin.
• Objectives are timely, consistent, and
  appropriate actions.
• Identify trends -- Recommend Agency action.
• Evaluate the process.

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BOARD MEMBERSHIP

• Director, Accountability Board, AHA-1
• Asst. Admin. for Human Resource Mgmt., AHR-1
• Asst. Admin. for Civil Rights, ACR-1
• Asst. Admin. for Security Hazardous Materials,
  ASH-1
• Chief Counsel, AGC-30
• Rep. from the Office of the Sec. Of
  Transportations Office of Human Resources
  Management, M-10
• Associate/Assistant Administrator from LOB
  employing respondent and the Vice President for
  the ATO Organization employing the respondent.

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AGENCY POLICY

• Prohibits harassment based on other misconduct
  that create an intimidating, hostile, or
  offensive work environment.
• Prohibits reprisal for reporting allegations or
  providing information.
• Prohibits knowingly making false allegations.
• Prohibits managements condoning or ignoring
  misconduct.
• Note Accountability Board does not establish
  any new policy but provides for oversight of
  existing policy.

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SCOPE

• SEXUAL HARASSMENT
• Unwelcome sexual advances/requests for sexual
  favors/verbal or physical conduct of a sexual
  nature when
• Submission is explicitly or implicitly a term of
  employment.
• Submission is the basis for employment decisions.
• Such conduct has the purpose or effect of
  unreasonably interfering with an individual's job
  performance or creating an intimidating, hostile,
  or offensive work environment.

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SCOPE (cont)

• Other misconduct of a sexual nature
• Allegations that fall short of the legal
  definition of "sexual harassment," but
  nonetheless demonstrate behavior inappropriate
  for the workplace.
• Reprisal
• For reporting or for cooperating in any official
  inquiry or investigation of allegations covered
  under the Boards scope.
• For cooperating in fact-finding or investigation
  of allegations.

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SCOPE (cont)

• Allegations/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
• Sex
• Sexual orientation
• National origin
• Age
• Disability

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SCOPE (cont)

• Examples include, but are not limited to
• Insulting words or phrases, slurs, stereotyping,
  intimidating or hostile acts
• Material placed on walls, bulletin boards or
  circulated in the workplace that insults,
  denigrates or offends
• Accessing sexually explicit websites, sending
  inappropriate emails, and inappropriate touching.

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SCOPE (cont)

• Matters that are not within the scope of the
  Accountability Board are
• Non-selections
• Disciplinary actions
• Promotions
• Performance management
• Other personnel actions

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DEFINITIONS

• Reporting Party
• Individual alleging or reporting incident.
• Respondent
• Individual against whom an allegation is made.
• Accountable Official
• Responsible for ensuring appropriate and timely
  processing of allegation.
• Designates appropriate subordinate managers to
• Interview Reporting Party
• Notify Respondent
• Perform supervisory duties relative to taking any
  action

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THE PROCESS

• Phase I -- Reporting
• Phase II -- Initial Management Action
• Phase III -- Management Inquiry or Security
• Investigation
• Phase IV -- Providing Feedback

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Phase I -- REPORTING

• Accountable Official must report all allegations
  to the Board Consultant within 2 work days of
  receipt of allegation.
• Supervisors and managers must report allegations
  to their Accountable Officials as soon as
  possible to ensure 2-day reporting requirement is
  met.
• The report to the Board Consultant is verbal via
  telephone. (The fact that an Accountable
  Official is at training, on travel, or leave,
  does not extend the 2-day reporting requirement.
  The responsibility flows to the "Acting " manager.

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Phase II -- INITIAL MANAGEMENT ACTION

• Accountable Official must designate a manager to
  take several initial steps
• Conduct initial interview with reporting party
  (Appendix 3 of the Accountability Board Order)
• Ensure reporting party is advised of avenues of
  redress e.g., EEO, grievance process (Appendix 1
  of the Accountability Board Order).
• Notify respondent of the allegation (Appendix 4
  of the Accountability Board Order).
• Do not presume what is alleged is true wait for
  results of inquiry/investigation.
• May need to advise respondent to minimize contact
  with reporting party.

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Phase II -- INITIAL MANAGEMENT ACTION (cont)

• Issue Notice to Respondent (Appendix 5 of the
  Accountability Board Order).
• Coordination with Human Resources (HR) required!
  HR is a valuable resource to managers under this
  process.

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Phase III -- ADDRESSING MANAGEMENT INQUIRY OR
SECURITY INVESTIGATION

• Accountable Official may elect to conduct
  management inquiry or request formal security
  investigation.
• Management inquiry- the Accountable Official has
  15 days to learn the facts of what and determine
  appropriate action.
• Consultation with HR is required.

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Phase III -- ADDRESSING INTERNALLY OR REFERRAL
FOR INVESTIGATION (cont)

• If Security investigation is required
• Investigation by Special Agent(s) from Security
  Hazardous Materials - 30 days to investigate.
• Request for Security Investigation sent to the
  Board
• Appropriate management Official has 10 days from
  receipt of the Report of Investigation to review
  and determine appropriate action.
• Consultation with HR is required.

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Phase IV -- PROVIDING FEEDBACK

• Management Responsibility!
• Feedback is important to both reporting party and
  respondent.
• Limit feedback to status and process, avoid facts
  of the case. (Appendix B of the Accountability
  Board Order)
• Consult with Human Resource point of contact
  regarding Privacy Act limitations before giving
  feedback.

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ALLEGATIONS REPORTED THROUGH OTHER VENUES

• EEO Intake Unit EEO Counselors
• Security
• DOT IG
• Direct reporting
• Private citizens
• Contractors
• Center for Early Dispute Resolution (CEDR)
• Process continues as described earlier.
• Will be referred to the appropriate LOB for
  action or to Security for investigation.

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RELATIONSHIP TO EEO ANDGRIEVANCE PROCESS

• No change to EEO or grievance process.
• The Accountability Board process does not extend
  or limit the timeframes in the EEO or grievance
  processes.
• Not intended to provide remedy or redress for
  individual employees
• The Accountability Board focuses on managements
  handling of misconduct
• No impact on employees ability to file
  grievances or discrimination complaints
• Notice must be provided to reporting party
  concerning avenues of redress

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ROLE OF THE UNION

• Rights of bargaining unit members
• Do not change
• Right to representation at any inquiry/investigati
  on that may lead to discipline
• If discipline proposed, have the right to review
  material relied on
• Consult with Human Resources Point of Contact to
  ensure compliance with all rights/responsibilities
  that accrue under collective bargaining
  agreements.

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RESOURCES AND INFORMATIONAL MATERIALS

• Accountability Board Order -- 1110.125A
• Conduct and Discipline Order
• Human Resources Points of Contact
• Email Address 9-AWA-AHR-Accountability Board
• Website - www.faa.gov/ahr/account/account.cfm
• Brochures, Information Cards, Posters.

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CONTACTS

• DIRECTOR
• Maria C. Fernandez-Greczmiel, AHA-1
• CONSULTANTS
• Tom Novak
• Andrew Robinson
• Debbie Williams
• ADMINISTRATIVE ASSISTANT
• Natalie Sullivan
• Office [phone]
• Fax [phone]

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THE PROCESS AT A GLANCE

• Mandatory reporting.
• Centralized review, monitoring and tracking of
  all allegations from all sources.
• Standardized procedures with timelines.
• Coordination with Human Resources on conduct and
  discipline.
• Centralization within Security and a cadre of
  trained investigators.
• Corporate involvement across lines of business.
• Senior management oversight.

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SCENARIO 1

• You have just been informed about this incident.
  The first thing you should do is
• Lock him in his office
• Call Security
• Take immediate disciplinary action without
  talking to HR
• Report incident to the Accountability Board

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SCENARIO 2

• The employee working on the computer tells you
  about her incident, but says she does not want it
  to go any further because she doesnt want to
  create an uncomfortable situation in the office.
  What do you do?
• Honor her request because it is her choice
  whether an incident is reported
• Call Security
• Reassign her to another area so she doesnt have
  to work with these employees
• Call the Accountability Board to report the
  incident

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SCENARIO 3

• Assume the employee working on the computer is a
  contract employee. The other two are FAA
  employees. With a contract employee involved,
  should the incident be handled differently?
• Yes. Contract employees are not covered by the
  Boards Order
• Yes. Call Security immediately
• No. Remember to deal with the contract employee
  directly
• No. Contract employees are covered by the
  Boards Order

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SCENARIO 4

• You reported this incident to the Accountability
  Board and it was tracked as coming under the
  scope of the Board. After completing the
  inquiry, you determined that disciplinary action
  was warranted. What are your obligations with
  respect to the Accountability Board process?
• None. Shred any working file
• Call Security
• Forward the email to all your employees as an
  example of computer misuse
• Provide feedback to the reporting party without
  divulging the specific action taken against the
  respondent