scope:

a. The Accountability Board reviews management's responses to all allegations or incidents of verbal, written, graphic, or physical harassment and other misconduct that creates or that may reasonably be expected to create an intimidating, hostile, or offensive work environment based on race, color, religion, gender, sexual orientation, national origin, age, or disability. Examples of such harassment or misconduct in the workplace may include, but are not limited to:

(1) Insulting words or phrases, slurs, stereotyping, intimidating or hostile acts; or

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

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

b. The Accountability Board 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 include a sexual joke, remark, or question or an unwelcome letter or telephone call.

c. Allegations of reprisal for reporting or for cooperating in any official inquiry or investigation of allegations set forth in paragraphs 8a and 8b shall also be reported to the Accountability Board, 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. The scope of this order does not include allegations of discrimination involving non-selections, disciplinary actions, promotions, performance management, or other personnel actions.

e. The Accountability Board Director will resolve issues concerning the scope of this order.

Purpose. This order expands the scope of the Accountability Board to include allegations or incidents of verbal, written, graphic, or physical harassment and other misconduct that creates or that may reasonably be expected to create an intimidating, hostile, or offensive work environment based on race, color, religion, gender, sexual orientation, national origin, age, or disability. This order also prescribes procedures for reporting, investigating, and processing such allegations.