1.31 Sponsored Project Reporting Requirements on Sexual Harassment and Assault

Last Revised: New

Responsible Unit(s):Office of Research

Equal Opportunity Programs/Title IX

STATEMENT

Gallaudet University (the “University”) condemns sexual harassment and assault in any form as contrary to the University’s core values, mission, and commitment to equity and belonging. All allegations of such misconduct are taken seriously and investigated in accordance with the University’s policies and procedures on Title IX Sexual Harassment and Sexual Misconduct.

Additionally, as a condition of accepting funding from National Science Foundation and/or National Institutes of Health, the University is required to comply with their respective policies regarding institutional reporting of sexual harassment, other forms of harassment, sexual assault, and related misconduct by Principal Investigators, Co-Investigators, and Senior/Key Personnel.

POLICY

It is the policy of the University to comply with a sponsoring agency’s requirement to report findings/determinations of sexual harassment, other forms of harassment, and sexual assault by certain individuals involved with a sponsoring agency’s award to the University that incorporates this reporting requirement as part of their award’s terms and conditions.

National Science Foundation

National Science Foundation (“NSF”) requires compliance with the following NSF Terms and Conditions and policies on reporting harassment and sexual assault:

• NSF Term and Condition 83 FR 47940: Sexual Harassment, Other Forms of Harassment, or Sexual Assault;
• NSF Grant General Conditions (GC-1);
• NSF Cooperative Agreement Financial & Administrative Terms and Conditions (CA-FATC);
• NSF Research Terms & Conditions; and
• NSF Proposal & Award Policies & Procedures Guides

This requirement applies to all NSF awards, amendments to funding of existing NSF awards, and sub-awards of NSF awards from another entity made on or after October 21, 2018.

Effective October 4, 2021, NSF must be notified if a PI or Co-PI has been found to have violated the University’s policies or codes of conduct, and/or any statutes, regulations, or executive orders related to sexual harassment, other forms of harassment, or sexual assault.

For purposes of reporting, NSF defines the following as:

• 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.

The University’s Authorized Organizational Representative (“AOR”) must notify NSF via email to NSF’s Office of Equity and Civil Rights within seven (7) business days of the finding/determination to harassmentnotifications@nsf.gov.

Conference Grants: In addition to requiring that the awardee organization has a policy for harassment, NSF further requires that the organization establish clear and accessible means for reporting violations that occur at conferences.

• Whenever required in the proposal application and conference materials, include a link to the University’s Non-Discrimination and Anti-Harassment policy.
• The policy or code-of-conduct must be disseminated to all participants in advance of the event.

Travel Grants: The proposer will assure that the meeting organizer has a written policy or code-of-conduct that addresses sexual harassment, other forms of harassment, and sexual assault, and that includes clear and accessible means of reporting violations of the policy or code-of-conduct. The policy or code-of-conduct must address the method for making a complaint as well as how any complaints received during the meeting will be resolved.

Off-Campus or Off-Site Research: For each proposal that proposes to conduct research off-campus or off-site, the AOR must complete a certification that the organization has a plan in place for that proposal regarding Safe and Inclusive Working Environments (2023).

• Off-campus or off-site research is defined as data/information/samples being collected off-campus or off-site, such as fieldwork and research activities on vessels and aircraft.
• The plan itself is not submitted to NSF as part of the proposal.

The plan must describe how the following types of behavior will be addressed:

• abuse of any person, but not limited to harassment, stalking, bullying or hazing of any kind, whether the behavior is carried out verbally, physically, electronically, or in written form; or
• conduct that is unwelcome, offensive, indecent, obscene, or disorderly.

The plan should identify steps the proposing organization will take to nurture an inclusive off-campus or off-site working environments. The plan should consider communications within the team and to the organization.

National Institutes of Health

National Institutes of Health (“NIH”), in an update on February 28, 2019, announced its efforts to address sexual harassment in science. As a result of NIH’s commitment, effective July 9, 2022, the University is required to notify NIH when individuals identified as a Program Director (“PD”) or PI, or other Senior/Key personnel on a NIH award are removed from their position or otherwise disciplined for harassment, bullying, retaliation, or hostile work conditions.

The AOR must notify NIH within thirty (30) days of removal or disciplinary action through the NIH’s dedicated web form.

Conference Grants: NIH expects that organizers of NIH-supported conferences and scientific meetings take steps to maintain a safe and respectful environment for all attendees by providing an environment free from discrimination and harassment, sexual or otherwise. Among other strategies that support a safe environment, NIH Guidance recommends establishing a conference code of conduct with clearly stated expectations of behavior, systems of reporting, and procedures for addressing inappropriate behavior. Where required in the proposal application and conference materials, please include a link to the University’s Non-Discrimination and Anti-Harassment policy.

PROCEDURES FOR COMPLIANCE

1. Upon submission to Office of Research for internal routing and approval of a proposal to NSF or to NIH, all Principal Investigators, Co-PIs, Program Directors, or other Senior/Key personnel involved with the proposal will sign an internal statement that indicates their acknowledgement that the University will disclose to the appropriate sponsoring agency any findings/determinations of sexual harassment, other forms of harassment, or sexual assault, and any disciplinary actions taken.

1. If a grant proposal is accepted by NSF or NIH, the University’s Authorized Organizational Representative (“AOR”) shall submit the names of the PI, Co-PI, Program Director, or other Senior/Key personnel to the University’s Equal Opportunity Programs Director and Title IX Coordinator (“EOP/Title IX Director”).

1. The EOP/Title IX Director shall maintain a list of identified PI, Co-PI, Program Director, or other Senior/Key personnel for initial vetting and to ensure they receive training on sexual harassment, other forms of harassment, and sexual assault.

1. Any time an employee has been placed on administrative leave (or any other disciplinary action) with regards to a finding/determination or is being investigated for an alleged violation of the applicable policy on harassment or sexual misconduct or sexual assault, the EOP/Title IX Director shall promptly notify the AOR if the employee has been identified as a PI, Co-PI, Program Director, or other Senior/Key personnel on an active NSF or NIH grant.

1. The AOR shall coordinate with internal stakeholders, including the Dean of Faculty, Human Resources, and Office of Equity, Diversity, and Inclusion, regarding any reportable instances and ensure documentation.

1. Once internal stakeholder groups have been notified, the AOR shall notify the relevant sponsoring agency of any applicable events or actions via the sponsoring agency’s required method of reporting. The AOR shall work with the sponsoring agency to develop a plan of action for continuance of the applicable grant.

APPROVED BY

Gallaudet University Senior Executive Leadership

December 7, 2023

SCHEDULE OF REVIEW

The Office of Research shall review this policy for updates and revision every three years and as needed. The next scheduled review shall be completed by: JANUARY 2027.

HISTORY

December 7, 2023 First Issued