Harassment Policies

The National Science Foundation (NSF) will not tolerate sexual harassment, harassment based on ethnicity, race, gender, or disability, other forms of harassment, or sexual assault, within the agency, at awardee organizations, field sites or anywhere science or education is conducted. NSF has taken steps to help ensure all NSF-funded research and learning environments are free from sexual harassment and other forms of harassment. Additionally, NSF is bolstering our policies, guidelines and communications so that organizations clearly understand expectations and individuals understand their rights.

The 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 award period of performance, whether at the awardee institution, on-line, or at locales such as field sites, facilities, or conferences/workshop.

All TSU faculty applying for NSF funds should complete the Safe and Inclusive Working Environment Plan as part of their application package.

NSF Important Notice 144, states: “The NSF does not tolerate sexual harassment, or any kind of harassment, within the agency, at grantee organizations, field sites, or anywhere NSF-funded science and education are conducted. The 2,000 American colleges, universities and other institutions that receive NSF funds are responsible for fully investigating complaints and for complying with federal non-discrimination law.” Nevertheless, harassment in general, and sexual harassment in particular, continues to persist widely in STEM education and research settings and workplaces.¹

As of 01-30-2023: Safe and Inclusive Working Environments for Off-Campus or Off-Site Research, Article 19 NSF GC-1: For grants where research will be conducted off-campus or off-site, this new article implements the requirement that grantees
have a plan in place for that awarded proposal for safe and inclusive research.
The article also provides considerations for plan development, communication, and dissemination.

All Tarleton State University employees are subject to the same rules and policies when conducting research or sponsored projects off-campus. Tarleton State University provides equal opportunity to all employees, students, applicants for employment, and the public regardless of race, color, religion, sex, national origin, disability, age, genetic information or veteran status. Tarleton State University will promptly and thoroughly investigate all complaints of discrimination, sexual harassment, and related retaliation in accordance with applicable federal and state laws, The Texas A&M University System Policy 08.01and Regulation 08.01.01, Civil Rights Compliance, and university rules and/or procedures.

All Tarleton State University employees are subject to the same rules and policies when traveling for research or sponsored project purposes. Tarleton State University provides equal opportunity to all employees, students, applicants for employment, and the public regardless of race, color, religion, sex, national origin, disability, age, genetic information or veteran status. Tarleton State University will promptly and thoroughly investigate all complaints of discrimination, sexual harassment, and related retaliation in accordance with applicable federal and state laws, The Texas A&M University System Policy 08.01and Regulation 08.01.01, Civil Rights Compliance, and university rules and/or procedures.

NSF FL26 “Special Terms and Conditions for Administration of NSF Conference or Travel Grants”: For any grant that provides support for an NSF-sponsored conference (in whole or in part), the grantee is required to have a 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 conference will be resolved. The policy or code-of-conduct must be disseminated to conference participants prior to attendance at the conference as well as made available at the conference itself. Grantees are not required to submit the policy or code-of-conduct for review by NSF.

For any grant that provides support for group travel to scientific meetings, prior to the grantee’s participation in the meeting, the grantee must 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. Grantees are not required to submit the policy or code-of-conduct for review by NSF.

A policy applicable to the conference and that the policy must be disseminated to participants prior to attendance and made available at the conference, consistent with NSF PAPPGs, Part I, Chapter II.F.9.

Conference Proposal.

A conference proposal must contain the elements identified below:

• Collaborators & Other Affiliations Information (see Chapter II.C.2.h(i)) (for conference proposals in
  excess of $50,000)
• Cover Sheet
• Project Summary (see Chapter II.D.2.b)
• Project Description (see Chapter II.D.2.d) that also includes:
  o A statement of the need for such a gathering and a list of topics;
  o A listing of recent meetings on the same subject, including dates and locations;
  o The names of the chairperson and members of organizing committees and their
  organizational affiliations;
  o Information on the location and probable date(s) of the meeting and the method of announcement or invitation;
• A statement of how the meeting will be organized and conducted, how the results of the meeting will be disseminated and how the meeting will contribute to the enhancement and improvement of scientific, engineering and/or educational activities;
• A plan for recruitment of, and support for, speakers and other attendees, that includes participation of groups underrepresented in science and engineering (e.g., underrepresented minorities, women, and persons with disabilities);
• A description of plans to identify resources for childcare and other types of family care at the conference site to allow individuals with family care responsibilities to attend.
• Attendance for some participants will be dependent on the availability of such resources. This information should help enable attendees to make arrangements for family care, as needed; and
• Results from Prior NSF Support (up to five pages). If any PI or co-PI identified on the proposal has received prior NSF support including:
  • an award with an end date in the past five years; or
  • any current funding, including any no cost extensions, information on the award is required for each PI and co-PI, regardless of whether the support was directly related to the proposal or not. See Chapter II.D.2.d(iii) for additional instructions on preparation of this section.

When Tarleton State University is a subawardee or non-lead institution under an NSF award: Notifications of Type 1 and Type 2 Harassment Decisions will be made directly to NSF by the appointed AOR of Tarleton, per current NSF guidance.  However, the University may also communicate with the prime awardee as necessary or appropriate under the circumstances.

Executed subaward agreements, where TSU is the Prime Awardee: The subawardee must notify NSF of any PI or co-PI violations of Type 1 and Type 2 Harassment Decisions per 83 FR 47940, which states “If a co‐PI is affiliated with a subawardee organization, the AOR of the subawardee must provide the requisite information directly to NSF“. The subawardee of the institution is not required to report to Tarleton State University as the prime awardee unless deemed appropriate by the subawardee institution.

Language to be included in NSF Subawards: The 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 award period of performance, whether at the awardee institution, on-line, or at locales such as field sites, facilities, or conferences/workshop.  For all co-PIs of subawards, the Authorized Organizational Representative of the subawardee must provide the requisite information directly to NSF on co-PIs’ violations of awardee policies, codes of conduct, statutes, regulations or executive orders related to sexual harassment, other forms of harassment or sexual assault consistent with NSF requirements in 83 FR 47940.

When incorporated into an NSF award, awardee organizations will be required to notify NSF of any findings/determinations of sexual harassment, other forms of harassment, or sexual assault regarding an NSF funded Principal Investigator (PI) or co-PI, or of the placement of the PI or co-PI on administrative leave, or the imposition of any administrative action relating to harassment or sexual assault finding or investigation. Other project personnel supported by NSF funds must be in full compliance with the NSF guidelines. When the non-PI/Co-PI personnel are not in compliance Tarleton State University employees must follow University and TAMUS policies for reporting to the Title IX office. The immediate safety of other grant personnel will be assured. These actions taken by the university are not required to be reported to NSF per NSF Term and Conditions.

Please visit NSF Term and Condition: Notification Requirements Regarding Findings of Sexual Harassment, Other Forms of Harassment or Sexual Assault page to view the full term and condition, FAQs, and the comments from the Federal Register notice.

The Title IX AOR will use the Term and Condition Required Notification of Harassment form, also known as the Organizational Notification of Harassment Form, when reporting a required notification to NSF.

Each notification must include the following information:

• NSF Award Number;
• Name of PI or co-PI being reported;10
• Type of Notification: Select one of the following:
  ○ Finding/Determination that the reported individual has been found to have violated grantee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault; or
  ○ Placement by the grantee of the reported individual on administrative leave or the imposition of any administrative action on the PI or any co-PI by the grantee relating to any finding/determination or an investigation of an alleged violation of grantee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault.
• Description of the finding/determination and action(s) taken, if any; and
• Reason(s) for, and conditions of, placement of the PI or any co-PI on administrative leave or imposition of administrative action. The grantee, at any time, may propose a substitute investigator if it determines the PI or any co-PI may not be able to carry out the funded project or activity and/or abide by the grant terms and conditions. The grantee is reminded of its responsibility to obtain prior written approval from NSF in the event the investigator will be disengaged from the project for a period greater than three months. See PAPPG Chapter VII.B.2.a. for additional information. In reviewing the notification, NSF will consider, at a minimum, the following factors:
  a. The safety and security of personnel supported by the NSF grant;
  b. The overall impact to the NSF-funded activity;
  c. The continued advancement of taxpayer-funded investments in science and scientists;
  and d. Whether the grantee has taken appropriate action(s) to ensure the continuity of science and that continued progress under the funded project can be made.

Upon receipt and review of the information provided, NSF will consult with the AOR, or designee. Based on the results of this review and consultation, the Foundation may, if necessary, assert its programmatic stewardship responsibilities and oversight authority to initiate the substitution or removal of the PI or any co-PI, reduce the award funding amount, or where neither of those previous options is available or adequate, to suspend or terminate the grant.

Other personnel supported by an NSF grant must likewise remain in full compliance with grantee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault. With regard to any personnel not in compliance, the grantee must make appropriate arrangements to ensure the safety and security of other grant personnel and the continued progress of the funded project. Notification of these actions is not required under this term and condition.