Chapter 6 - Prevention of Workplace Harassment

11-6.1 INTRODUCTION

1. Purpose. The Indian Health Service (IHS) is committed to creating and maintaining a work environment in which all people are treated with dignity, fairness, and respect, and are free from harassment (including sexual harassment) and inappropriate conduct. Creating and maintaining an environment free from harassment and inappropriate conduct is essential to successfully accomplish the IHS mission to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level. The purpose of this chapter is to establish the IHS Prevention of Workplace Harassment Policy (“Policy”). This Policy promotes and furthers the goal of an optimal Indian health system that strengthens IHS program management and operations. The IHS will take all steps necessary to prevent harassment and inappropriate conduct in the workplace and will immediately correct any harassment and inappropriate conduct that occurs before it becomes unlawful.
2. Scope. This Policy applies to any incidents of harassment or inappropriate conduct committed by any IHS employee (supervisory and non-supervisory), either a civilian or United States Public Health Service (USPHS) Commissioned Corps Officer at any IHS facility. This Policy does not apply to any non-federal and Intergovernmental Personnel Act (IPA) employees who work at any facility that has been contracted or compacted by an Indian tribe or tribal program pursuant to the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 5301 et seq. However, an IPA employee is otherwise subject to all laws, regulations, rules, and policies of IHS.
3. Supersession. Nothing in this Policy is intended to supersede or conflict with any Federal law or regulation or govern the Federal Sector Equal Employment Opportunity complaint process for individual or class complaints of employment discrimination and/or retaliation covered under 29 C.F.R. Part 1614 (EEO complaint process) or any statutory complaint process. Federal law, regulations and the EEO complaint process shall prevail over this Policy.
4. Policy. It is the policy of the IHS to promote and maintain a work environment free from harassment and inappropriate conduct. Any IHS employee (supervisory and non-supervisory) who engages in inappropriate conduct, commits acts of harassment including but not limited to acts that create a hostile work environment, shall be subject to appropriate corrective or disciplinary action, which may include but is not limited to counseling, reprimand, suspension, demotion, or removal from federal service. Immediate and appropriate action will be taken against any IHS employee (supervisory or non-supervisory) found to violate this Policy. 

Through enforcement of this Policy, the IHS seeks to prevent, immediately correct, and eliminate harassment and inappropriate conduct before it becomes unlawful. Such behavior is unacceptable and inconsistent with the IHS values of respect, inclusion, and diversity. Retaliatory treatment will not be tolerated towards any IHS employee (supervisory and non-supervisory) who reports or assists another IHS employee with reporting allegations of harassment or inappropriate conduct, or for participating as a witness in an administrative inquiry under this Policy. Furthermore, retaliation against an IHS employee who exercises legally protected rights to engage in the Equal Employment Opportunity (EEO) complaint process as the person claiming to be an aggrieved person, complainant, or witness is prohibited and will not be tolerated.

5. Definitions.
1. The term “harassment” under this Policy is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Genetic Information Non-Discrimination Act of 2008, or Executive Order 11478, "Equal Employment Opportunity in the Federal Government," as amended.

   Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where:

   1. enduring the offensive conduct becomes a condition of continued employment; or
   2. the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. For the purposes of this Policy, the “reasonable person” standard considers the employee’s perspective and assesses if a reasonable person exposed to the same or similar circumstances would find the environment hostile, intimidating, or offensive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

   Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

   Forms of harassment include, but are not limited to, statements, solicitation of favors (verbal), gestures, display of graphic materials (visual), and physical contact (physical). Harassment may occur in person, through telephone calls or text messages, through the use of social media, or through other forms of technology or communication.

   For purposes of this Policy, harassment includes sexual harassment as defined in Section 11.6.1(E)(3) of this Policy.

2. Inappropriate Conduct. The term "inappropriate conduct" covered by this Policy is broader than the legal definition of harassment under Section 11-6.1(E)(1). Inappropriate conduct means a comment, conduct or gesture directed toward an individual or group of individuals which is reasonably considered to be discourteous, disreputable, insulting, intimidating, abusive, humiliating, obscene, malicious, degrading or offensive. Examples of inappropriate conduct include, but are not limited to, the following:
   1. Actions or behaviors that adversely impact Agency operations, productivity, and/or work environment;
   2. Slurs, epithets, ridicule;
   3. Yelling or emotional outbursts, using expletives, throwing objects, banging/slamming doors;
   4. Negative stereotyping;
   5. Insults;
   6. Inappropriate touching or any form of physical intimidation or aggression, which may include holding, restraining, impeding or blocking movement, following, inappropriate contact and/or advances, or bullying;
   7. Engaging in a personal relationship that is sexual or intimate in nature with someone in an inherently unequal position where there is a real or perceived authority or influence over the other’s career progression, which may include formal and informal supervisory relationships;
   8. Workplace bullying, which may include the deliberate and hurtful mistreatment of one or more employees (examples of workplace bullying include, but are not limited to, constant and unfair criticism, teasing, yelling, insulting, malicious gossiping, and aggressive behavior);
   9. Intimidation threats or assaults; or
   10. Offensive jokes, offensive objects, or offensive pictures.
3. Sexual Harassment. The term “sexual harassment” is deliberate unsolicited verbal comments, gestures, or physical contact of a sexual nature that are unwelcome. Sexual harassment may occur through speech or conduct of individuals. Sexual harassment may occur between persons of the same or opposite sex or gender. Examples of sexual harassment forbidden under this Policy include, but are not limited to, the following:
   1. Unwelcome sexual advances or pressure for sexual activity, requests for sexual favors, and other verbal or physical abuse of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) 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. Unwelcome use of obscene word(s) or language of a sexual nature;
   3. Unwelcome deliberate touching of another person in a sexual manner;
   4. Continuously requesting personal encounters or intimate encounters after the request has been turned down or the request has been communicated as being unwelcome;
   5. Telling off-color jokes, playing audible material or showing video material of a sexual nature that is offensive or unwelcome;
   6. Displaying pictures of nudes or nearly nude individuals or of individuals in suggestive poses;
   7. Displaying or distributing written or visual content containing pictures or words that may be sexual in nature;
   8. Unwelcome or offensive sexually-oriented verbal kidding, teasing or joking;
   9. Unwanted sexual flirtations, advances, or propositions;
   10. Unwelcome or unwanted subtle pressure for sexual activity;
   11. Graphic or degrading comments about an individual’s appearance or sexual activity;
   12. Unwelcome or offensive visual conduct, including leering or making gestures of a sexual nature;
   13. Unwelcome or offensively suggestive or obscene text or chat messages, videos, notes, or emails;
   14. Unwelcome or offensive physical contact such as patting, grabbing, pinching, or brushing against another’s body; or
   15. Disseminating internet links with sexually themed content.
6. Confidentiality. The identity of any employee involved in alleged violations of this Policy (such as the person making allegations, the person against whom allegations are made, and any witnesses) as well as all reports of alleged violations of this Policy shall be kept confidential, except as necessary to conduct an appropriate investigation, take appropriate disciplinary or corrective action, to comply with the reporting requirements of this Policy, or when otherwise required by law.

11-6.2 HARASSMENT

1. No Toleration. The IHS will not tolerate any form of:
   1. Retaliatory treatment towards any individual for reporting, in good-faith, harassment or inappropriate conduct, or retaliatory treatment towards any individual for participating as a witness in an administrative inquiry under this Policy or for engaging in the EEO complaint process as an aggrieved person, complainant, or
   2. Adverse treatment of employees because they report harassment or inappropriate conduct, or provide information concerning harassment or inappropriate conduct in good-faith.
   3. Harassment based upon an individual’s race, color, religion, sex (including pregnancy, sex stereotyping, sexual orientation, gender identity or expression), national origin, age (40 and over), disability, prior protected EEO activity, or protected genetic information that is actionable under Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Genetic Information Non-Discrimination Act of 2008, or Executive Order 11478, "Equal Employment Opportunity in the Federal Government," as amended.
   4. Harassment or inappropriate conduct as defined in this Policy even if it is not actionable or does not rise to the level of illegality as noted in Section 11-6.2(A)(3) of this Policy. Any incidents of harassment or inappropriate conduct under this Section will be addressed in accordance with this Policy and the HHS Standards of Conduct, 45 C.F.R. Part 73.
   5. Harassment or inappropriate conduct in any form, including but not limited to statements, solicitation of favors (verbal), gestures, display of graphic materials (visual), and physical contact (physical), conduct that occurs in person, through telephone calls or text messages, through the use of social media, or through other forms of technology or communication.
2. Prompt Action. The IHS will not wait for patterns of harassment or inappropriate conduct to become severe or pervasive before taking immediate and appropriate action. It is the responsibility of supervisors or managers to take immediate and prompt action in order to maintain a work environment free of harassment or inappropriate conduct. The supervisor or manager is required to take corrective or disciplinary action to stop harassment or inappropriate conduct that would result in an environment that would be hostile, intimidating, or offensive to a reasonable person. When taking prompt action to address allegations of harassment or inappropriate conduct, the supervisors and managers must use the "reasonable person" standard to assess whether a reasonable person exposed to the same or similar circumstances would find the conduct and/or environment hostile, intimidating, or offensive.
3. Threat or Act of Violence. Any employee, while working during their tour of duty hours, who experiences a threat of violence or becomes a victim of an act of violence shall immediately report the incident following the IHS and HHS safety protocols/workplace violence policies in place for reporting/responding to threats of violence or acts of violence in addition to the reporting requirement under Section 11-6.3(A)(4) of this Policy. All supervisors, managers, HR Officials, EEO Officials, or Anti-Harassment Coordinators who experience, witness, or become aware of a threat or act of violence or an actual assault shall immediately report the incident following the IHS and HHS safety protocols/workplace violence policies in place for reporting/responding to threats of violence or acts of violence in addition to the reporting requirement under Section 11-6.3(A)(4) of this Policy.
4. Relationship of this Policy to the EEO Complaint Process, or the Negotiated or Administrative Grievance Processes. The purpose of this Policy is to stop any harassment and inappropriate conduct that has occurred and to prevent its occurrence in the future before it becomes unlawful. This Policy is separate and distinct from the EEO complaint process pursuant 29 C.F.R. Part 1614. For example, disciplinary or corrective action taken under this Policy does not provide remedies available in the EEO complaint process, administrative or grievance procedures, or other procedures available to current IHS employees, former IHS employees, or applicants for IHS employment. Reporting allegations of harassment or inappropriate conduct under this Policy does not satisfy the requirements for filing a complaint of discrimination nor does it delay, extend, modify the procedural timeframes in the EEO complaint process, administrative or negotiated grievance process, or other procedure available to current IHS employees, former IHS employees, or applicants for IHS employment. Therefore, IHS employees may file a complaint of discrimination under the EEO complaint process in addition to or in lieu of pursuing any remedies under this Policy.

11-6.3 RESPONSIBILITIES

1. All IHS Employees. Each IHS employee is responsible for:
   1. Acting professionally and refraining from harassing or inappropriate conduct.
   2. Becoming familiar with this Policy's provisions, complying with all requirements of this Policy, and cooperating with any administrative inquiry under this Policy.
   3. Completing anti-harassment training as mandated by the IHS.
   4. Prompt reporting, or immediate reporting in the case of a threat of violence or act of violence during an employee’s tour of duty hours, of harassment or inappropriate conduct through an IHS designated intranet harassment reporting system, if any, or electronically via email to an immediate (first-line) supervisor or manager, another supervisor or management official, the Office of Human Resources (OHR)/servicing Human Resources Office, the Diversity Management and Equal Employment Opportunity (DMEEO) Staff/Area EEO Staff, or the Anti-Harassment Coordinator, as appropriate, even if the reporting employee is a witness and not the aggrieved person. The IHS can correct harassment or inappropriate conduct only if it is aware of the behavior, therefore, any incident of harassment or inappropriate conduct must be promptly reported as noted in this Section. Additionally, any employee who believes that they have been the target of harassment or inappropriate conduct may inform the offending person, orally, or in writing, that such conduct is unwelcome or offensive, and to stop the harassment or inappropriate conduct. Employees are not required to report allegations of harassment or inappropriate conduct to their immediate (first-line) supervisor or manager when the immediate (first-line) supervisor or manager is the alleged harasser.

      In the event that an employee utilizes the IHS Safety Tracking and Response System (I-STAR) or similar tracking systems to report an allegation of harassment or inappropriate conduct, this does not substitute for or satisfy the employee’s reporting responsibilities under this Section. IHS personnel responsible for retrieving information from I-STAR or similar tracking systems shall immediately report, within one (1) business day, any allegation of harassment or inappropriate conduct to the Area EEO Office or Headquarters DMEEO staff.

2. Supervisors and Managers. All supervisors and managers are responsible for:
   1. Completing anti-harassment training as mandated by the IHS.
   2. Taking appropriate actions to prevent harassment or inappropriate conduct in the workplace, and when appropriate, to assist in providing a prompt, thorough and impartial administrative inquiry of harassment or inappropriate conduct allegations.
   3. Taking steps to prevent retaliation against employees who complain of harassment or inappropriate conduct, or when an employee is cooperating or testifying as a witness with the management inquiry or other administrative reviews.
   4. Protecting the confidentiality of employees who report harassment or inappropriate conduct, except as necessary to conduct an appropriate investigation into the alleged violation, to take appropriate disciplinary or corrective action, to comply with the reporting requirements of this Policy or when otherwise required by law.
   5. Take immediate steps to stop harassment or inappropriate conduct once reported, such as providing interim relief to alleged victims of harassment or inappropriate conduct pending the outcome of a management inquiry or other administrative reviews to ensure that further harassment or inappropriate conduct does not occur.
   6. Consulting with the OHR/servicing Human Resources Office, DMEEO/Area EEO Staff, or the Anti-Harassment Coordinator when warranted regarding the IHS responsibilities pursuant to this Policy.
   7. When an investigation determines that an IHS employee has violated this Policy, the management official will determine the type and severity of the discipline or corrective action to be imposed after consulting with the servicing Human Resources Office.
   8. Taking appropriate corrective action or disciplinary action, in consultation with the servicing Human Resources Office, against any supervisor or other management official who fails to perform obligations as set forth in this Policy, including any unreasonable failure to report known violations in accordance with this Policy.
3. DMEEO and Area EEO Staff. The DMEEO Staff and Area EEO staff are responsible for:
   1. Ensuring that this Policy is available and accessible to all IHS supervisors, managers and employees.
   2. Ensuring referral to appropriate Area or Regional OHR and/or the Anti-Harassment Coordinator to make recommendations to supervisors and managers regarding taking immediate steps to stop harassment or inappropriate conduct once it is reported, such as providing interim relief to alleged victims of harassment or inappropriate conduct pending the outcome of a management inquiry, or other administrative investigation to ensure that further harassment or inappropriate conduct does not occur.
   3. Referring all allegations of harassment and inappropriate conduct, even if initially reported during EEO Counseling for a complaint of discrimination, to the Anti-Harassment Coordinator for the purpose of initiating a management inquiry or other administrative investigation. Allegations of harassment that initiate a management inquiry or other administrative investigation are not precluded from also being investigated as part of the formal EEO complaint process pursuant to 29 C.F.R. Part 1614.
   4. Maintain confidentiality of any and all allegations of harassment referred to the Anti-Harassment Coordinator.
   5. Providing policy guidance and support to all supervisors, managers and employees to ensure compliance with this Policy.
   6. Providing anti-harassment training to all supervisors, managers, and employees in accordance with this Policy.
4. Office of Human Resources and Servicing Regional Human Resources Offices. The Office of Human Resources and servicing Regional Human Resources Offices are responsible for:
   1. When an allegation of harassment or inappropriate conduct is reported to OHR/servicing Human Resources Offices, they shall immediately refer the allegation to the Anti-Harassment Coordinator where an administrative inquiry may be initiated.
   2. Advising and assisting management officials with appropriate corrective or disciplinary actions, which may include assisting management officials in the development of appropriate official notices and decision letters regarding the official corrective or disciplinary action taken, during or upon completion of an administrative inquiry of an alleged incident of harassment or inappropriate conduct, and ensures final corrective or disciplinary action are forwarded to the Anti-Harassment Coordinator.
5. Anti-Harassment Coordinator(s). The Anti-Harassment Coordinator(s) are responsible for: 
   1. Reviewing allegations of harassment as reported under this Policy from employees or other individuals that this Policy covers.
   2. Identifying the specific issues of the harassment allegation raised by the aggrieved person.
   3. Determining within three (3) days whether a management inquiry is appropriate pursuant to this Policy. When a management inquiry is deemed not appropriate, the Anti-Harassment Coordinator shall provide, within three (3) days of the determination, a Harassment Allegation Closeout Letter to the aggrieved person with a brief explanation as to what specific action(s) will be or have been taken to address issues raised by the aggrieved person and how resolution will be or has been attained. A copyof the Harassment Allegation Closeout Letter shall be forwarded to the appropriate Area EEO Manager or the Director, DMEEO, if the allegation of harassment occurred at IHS Headquarters.
   4. The Area EEO Manager or the Director, DMEEO, upon receipt of the Harassment Allegation Closeout Letter will either concur with the decision of the Anti-Harassment Coordinator or, if the Area EEO Manager or the Director, DMEEO does not concur with the decision of the Anti- Coordinator shall notify the Anti-Harassment Coordinator within two (2)calendar days of their decision. The Area EEO Manager or the Director, DMEEO shall, within two (2) calendar days, submit in writing alternatives to reaching resolution including but not limited to a management inquiry.
   5. In consultation with OHR/Servicing Human Resources Office, the Anti- Harassment Coordinator shall make recommendations to supervisors and managers with regard to taking immediate steps to stop harassment or inappropriate conduct once it is reported, such as providing interim relief to alleged victims of harassment or inappropriate conduct pending the outcome of a management inquiry or other administrative investigation to ensure that further harassment or inappropriate conduct does not occur.
   6. Reporting to the Senior IHS leadership, to include Area Directors, on a periodic basis, the allegations of harassment or inappropriate conduct in aggregate form.
   7. Contacting the appropriate manager or supervisor to initiate a management inquiry when it has been determined that the allegations of harassment or inappropriate conduct warrant a management inquiry.
   8. Recommending Alternative Dispute Resolution (ADR) when it has been determined that the allegations of harassment or inappropriate conduct warrant ADR.
   9. Advising aggrieved person of their individual rights and responsibilities with regard to initiating an EEO complaint pursuant to 29 C.F.R. 1614.105(a)(1).
   10. Tracking Area and Agency Management Inquiries, and maintaining Incident Reports securely, confidentially, and ensuring records are destroyed in accordance with the IHS records retention policy.
   11. Receiving and reviewing all requests from supervisors or managers for information regarding confidential administrative procedures and investigations pursuant to this Policy, and determining whether the release of confidential information is warranted in accordance with this Policy. Both the request for and the release of confidential information will be documented to include the name, title, date, justification for the release of confidential information, and the specific confidential information that was released. This documentation shall be made part of the administrative record and preserved with the administrative records. Neither the alleged harasser(s) nor the aggrieved person(s) have a need to know and are not entitled to make a request or receive confidential information under this Section.
6. Director, Indian Health Service. The Director, Indian Health Service is responsible for reviewing this Policy from time-to-time to determine whether amendments should be made. The Director is also responsible for issuing a periodic statement reminding employees of this Policy.

11-6.4 PROCEDURES FOR REPORTING AND INVESTIGATING HARASSMENT AND INAPPROPRIATE CONDUCT

1. Reporting Harassing or Inappropriate Conduct.
   1. Any employee who believes they have been subjected to harassment or inappropriate conduct is responsible for reporting, as soon as possible, the matter through an IHS designated intranet harassment reporting system, if any, or electronically via email to their immediate supervisor or management official, another supervisor or management official, OHR/servicing Human Resources Office, DMEEO/Area EEO Staff, or the Anti-Harassment Coordinator.[1]
   2. Any employee who believes they have been subjected to harassment or inappropriate conduct by their immediate (first-line) supervisor or manager is responsible for reporting the matter through an IHS designated intranet harassment reporting system, if any, or electronically via email to their next higher level (second-line) supervisor or management official, another supervisor or management official, OHR/Servicing Human Resources Office, DMEEO/Area EEO Staff, or the Anti-Harassment
   3. Employees who witness harassment or inappropriate conduct directed at others are responsible to report the matter through an IHS designated intranet harassment reporting system, if any, or electronically via email to their immediate supervisor or manager, or another supervisor or management official, OHR/Servicing Human Resources Office, DMEEO/Area EEO Staff, or the Anti-Harassment Coordinator.
   4. The identity of the employee who alleges violations of this Policy will be kept confidential, except as necessary to conduct an appropriate investigation or when otherwise required by All reports of allegations of harassment or inappropriate conduct, and any information related to the reporting will be kept confidential in accordance with this Policy.
2. Notification to the Anti-Harassment Coordinator. A supervisor or manager who receives an allegation of harassment or inappropriate conduct, or who directly witnesses harassment or inappropriate conduct shall immediately notify the Anti- Harassment Coordinator through an IHS designated intranet harassment reporting system, if any, or electronically via email. If the Anti-Harassment Coordinator determines that neither a management inquiry nor ADR is appropriate, then the supervisor or manager may take alternate approaches to reach a successful resolution between the involved parties of the alleged harassment or inappropriate

   This Policy does not prohibit supervisors or managers from reaching a successful resolution without a management inquiry. In such cases, the supervisor or manager shall submit a signed and dated Harassment/Inappropriate Conduct Incident Report to the Anti-Harassment Coordinator who will be responsible for maintaining the Harassment/Inappropriate Conduct Incident Report in accordance with IHS records retention policy. The Harassment/Inappropriate Incident Report shall include the identity of all parties, the allegations, the date of the incidents/allegations, the resolution, and the date the resolution was reached.

3. Interim Measures Pending Management Inquiry Outcome. If necessary, the immediate supervisor or management official may consult with OHR/Servicing Human Resources Office and the Anti-Harassment Coordinator for the purpose of effecting interim measures within seventy-two (72) hours from the date in which the harassment or inappropriate conduct is reported. If implemented, the interim measure shall last for a period no less than the duration of the management inquiry process or until a management decision is made on the appropriate action to be taken, whichever is longer. The interim measures taken will depend on the severity of the alleged harassment or inappropriate conduct.
   1. Sexual Harassment. If the conduct involves allegations of sexual harassment, the supervisor or manager shall separate the parties by utilizing appropriate interim measures including, but not limited to, the following:
      1. Requiring the alleged harasser to have no contact with the alleging employee;
      2. Temporarily relocate the alleged harasser (location) – avoid moving the alleging employee (but may consider alleging employee’s request to be relocated);
      3. Telework for the alleged harasser (for telework eligible employees);
      4. Placing the alleged harasser on Investigative Leave; or
      5. Initiating a temporary administrative detail for the alleged harasser to other job duties.
   2. Non-Sexual Harassment or Inappropriate Conduct. Depending on the severity of the non-sexual harassment or inappropriate conduct, the immediate supervisor or manager may utilize appropriate interim measures that include, but are not limited to, the following:
      1. Making work schedule changes to avoid contact between the affected victim(s) and alleged harasser(s);
      2. Initiate a temporary administrative detail for the alleged harasser(s) to other job duties; or
      3. When circumstances do not permit the physical separation of the alleged harasser(s) and the affected victim(s), pending the outcome of the management inquiry Report of Findings, the alleged harasser(s) may be placed on investigative leave. When utilizing this interim measure, supervisors and managers must follow the Managing Administrative Investigative, and Notice Leave in the Indian Health Service Special General Memorandum (18-02)
   3. Criminal Conduct. In situations where a local law enforcement agency (including a tribal law enforcement agency, if applicable) or the OIG initiates an investigation, any management inquiry under this Policy should coordinate with the local law enforcement agency (including tribal law enforcement, if applicable) or the OIG, to the extent allowable under law and this Policy. In cases involving the OIG, the management official, in consultation with OHR/Area HR Office, should closely coordinate with the OIG on steps that may be taken to prevent further harassment or inappropriate conduct or administrative actions that may be taken pending the OIG review/investigation.
4. Management Inquiry Timeframes. The management inquiry and Report of Findings shall be completed within twenty-one (21) calendar days from the date in which the alleged harassment or inappropriate conduct was reported. 
   1. Within three (3) days of the initial reporting of alleged harassment or inappropriate conduct, the Anti-Harassment Coordinator must determine whether a management inquiry is required under Sections 11-6.3(E)(3) and 11-6.4(B) of this Policy.
   2. After the Anti-Harassment Coordinator determines a management inquiry is required, the first- or second-line supervisor or manager must initiate the management inquiry within seven (7) calendar days from the date in which the alleged harassment or inappropriate conduct was initially reported unless the Anti-Harassment Coordinator determines that an objective, in-house supervisor or manager, or a contracted investigator5 is required. If the in-house supervisor or manager, or contracted investigator is determined to conduct the management inquiry, the in-house supervisor or manager, or contracted investigator must initiate the management inquiry within seven (7) calendar days from the date in which the alleged harassment or inappropriate conduct was reported.
5. Management Inquiry Fact-Finding Interviews.
   1. The management inquiry fact-finding shall include, at a minimum, interviews with:
      1. The affected victim(s) of harassment or inappropriate conduct;
      2. The alleged harasser(s);
      3. Any witnesses to the alleged harassment or inappropriate conduct; and
      4. Any individual who could reasonably be expected to have relevant information that could corroborate or refute allegations of harassment or inappropriate conduct.
   2. The first- or second-line supervisor or manager (or the objective in-house supervisor or manager, or contract investigator through a contracted service) responsible for conducting the management inquiry must remind the victim(s), alleged harasser(s), and any other individuals interviewed during the management inquiry about the following rights and responsibilities:
      1. Informed of the right to have representation during the management inquiry interview, but any expense incurred with the representation is the responsibility of the individual;
      2. Informed of the responsibility to cooperate fully with the management inquiry by being truthful and not knowingly provide any false statement(s);
      3. Informed that corrective or disciplinary action may be initiated against the alleged harasser(s) if the alleged harasser(s) conduct has been determined to violate this Policy; and
      4. Informed that IHS prohibits and does not tolerate retaliation against any individual under this Policy;
6. Management Inquiry Report of Findings. At a minimum, the management inquiry Report of Findings must include the following:
   1. What conduct is at issue;
   2. The identification of all involved parties;
   3. Any written statement, testimonial evidence, or documents provided by the alleged victim(s), alleged harasser(s) or witnesses; and
   4. A determination whether harassment (including sexual harassment) or inappropriate conduct occurred under this Policy.
7. Submittal of the Management Inquiry Report of Findings. At the conclusion of the management inquiry, the management inquiry Report of Findings shall be submitted to the Anti-Harassment Coordinator. 
   1. If the Report of Findings concludes that harassment or inappropriate conduct occurred under this Policy, the OHR/Area HR Office will consult and advise and assist the management official (manager or supervisor) on the appropriate corrective or disciplinary action.
   2. The management official (manager or supervisor) shall within two (2) calendar days render their decision in writing as to the appropriate corrective or disciplinary action. The management official must inform, in writing, the Anti-Harassment Coordinator and servicing Human Resources Office of the decision and provide any relevant documentation concerning the final decision regarding the corrective or disciplinary action.
   3. The management official will issue the necessary documentation for the corrective or disciplinary action. This shall be completed within five (5) calendar days.
8. Management Official Close-Out Interviews.
   1. Aggrieved Person. The management official shall meet and conduct a close-out interview, after consultation with the servicing Human Resources Office and the Anti-Harassment Coordinator, with the aggrieved person to inform the aggrieved person of the conclusion of the administrative action and provide follow-up (without violating the privacy rights of employees) regarding any corrective or disciplinary action that may have been enacted. The aggrieved person shall not be provided a copy of the Report of Findings under this Policy.
   2. Alleged Harasser. The deciding official shall meet and conduct a close-out interview, after consultation with OHR and the Anti-Harassment Coordinator, with the alleged harasser(s) to inform the alleged harasser of the conclusion of the administrative action and provide follow- up (without violating privacy rights of employees) regarding any corrective or disciplinary action that may have been enacted. The alleged harasser(s) shall not be provided a copy of the Report of Findings under this Policy.
9. Management Inquiry Close-Out Memorandum. Within thirty (30) days of the issuance of the Report of Findings, the deciding official must submit the management inquiry Close-Out Memorandum to the Area EEO Manager, the Anti-Harassment Coordinator, and the Director, DMEEO. The management inquiry Close-Out Memorandum shall contain the following:
   1. The action(s) taken to address the allegation(s) of harassment or inappropriate conduct; or
   2. Explanation for the decision that no corrective or disciplinary action was warranted (e.g., apology or misunderstanding cleared up, or resolution through ADR); or
   3. Explanation for the decision that corrective or disciplinary action was

   If the manager or supervisor fails to submit the Close-Out Memorandum and/or fails to include the required explanation, then the Director, DMEEO shall inform the manager’s first level supervisor of the discrepancy, and the first level supervisor shall immediately initiate an inquiry for the purpose of ascertaining the Close-Out Memorandum and/or the required explanation pursuant to this Policy.

10. Confidentiality. The identity of the employee alleging violations of this Policy will be kept confidential, except as necessary to conduct an appropriate investigation into the alleged violations or when otherwise required by law. All reports of allegations of harassment or inappropriate conduct and related information will be kept confidential.
11. Resolving Conflicts of Interest in Management Inquiries. If the IHS Director or a similar high-ranking official is implicated in alleged harassment or inappropriate conduct, OHR/DMEEO will select an alternate method of inquiry, including, but not limited to, transferring the management inquiry to the Department of Health and Human Services for disposition pursuant to this Policy.

11-6.5 REPRISALS PROHIBITED

1. Retaliation Under This Policy Prohibited. Retaliation is prohibited and the IHS will not tolerate any attempt by an employee (including supervisors or managers) to restrain, interfere, coerce, or otherwise take reprisal action against any employee who has:
   1. Reported harassment or inappropriate conduct in good faith;
   2. Assisted another individual in reporting harassment or inappropriate conduct;
   3. Witnessed or provided information related to a report of harassment or inappropriate conduct; or
   4. Opposed any practice that they believe is unlawfully discriminatory, harassing, or inappropriate.
2. Reporting Retaliation. Any employee who believes that they have been subject to retaliation for reporting harassment or inappropriate conduct under this Policy should report the retaliatory conduct using the same reporting procedures under Section 11-6.4(A) of this Policy and should also contact the Office of Special Counsel at OSC.
3. EEO Complaint Process. Retaliation against an employee who has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing pursuant to EEO complaint process, including informal and formal EEO complaints (see 29 C.F.R. Part 1614) is prohibited and will not be tolerated.

[1] Any employee who believes that he or she has been subjected to harassment based on any protected bases including race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), religion, retaliation, age (40 and over), disability, genetic information, or protected EEO activity (retaliation) and may desire to pursue initiating the EEO complaint process must initiate contact with an EEO counselor within forty-five (45) days of the alleged discriminatory act or, in the case of personnel actions, within forty-five (45) days of the effective date of the action of harassment, as outlined in Title 29 C.F.R. § 1614.105(a)(1). For additional information on the EEO complaint process, see: IHS/EEO website. This Policy is not intended to address that process.

5 Identifying a contractor can be arranged by the Diversity Management and Equal Employment Opportunity Staff (DMEEO) or the Anti-Harassment Coordinator. The cost of the contractor shall be the responsibility of the originating Area Office.