Frequently Asked Questions about the UW-Madison Process Related to NSF Notification Requirements Regarding Sexual Harassment, Other Forms of Harassment, or Sexual Assault

Page Updated: November 9th, 2018

1. When are we responsible for reporting to NSF?

There are several different situations that would require a notification to NSF, including:

  • For any finding/determination regarding the PI or any co-PI that demonstrates a violation of UW-Madison policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault as defined by NSF
  • If the PI or any co-PI is placed on administrative leave by the UW-Madison relating to any finding/determination or an investigation of an alleged violation of awardee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault as defined by NSF
  • If any administrative action has been imposed on the PI or any co-PI by the UW-Madison relating to any finding/determination or an investigation of an alleged violation of awardee policies or codes of conduct, statutes, regulations, or executive orders relating to sexual harassment, other forms of harassment, or sexual assault as defined by NSF

2. How does NSF define sexual harassment and other forms of harassment?

NSF indicates that the following definitions apply:

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.

3. How does NSF define administrative leave or administrative action?

NSF defines administrative leave or administrative action as: “Any temporary/interim suspension or permanent removal of the PI or co-PI, or any administrative action imposed on the PI or co-PI by the awardee under organizational policies or codes of conduct, statutes, regulations, or executive orders, relating to activities, including but not limited to the following: teaching, advising, mentoring, research, management/administrative duties, or presence on campus.”

4. How does NSF define finding/determination?

NSF defines finding/determination as: “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.”

5. When might these circumstances arise?

When the respondent is a PI or Co-PI on an NSF award or subaward AND

  • After an allegation has been made, due to safety/security concerns or concerns about the integrity of an investigation, the individual may be put on administrative leave or have an administrative action imposed OR
  • After an investigation has occurred, a finding/determination has been made OR
  • After a finding/determination necessitates imposing an administrative leave or administrative action.

6. Which offices are involved in complaints, investigations, and disciplinary procedures?
  • Office of Compliance and other designees receive complaints relating to allegations of sexual harassment, other forms of harassment, or sexual assault.
  • The University’s investigatory and disciplinary procedures differ depending on the allegation and the employment or student status of the individual about whom the allegation is being made.
  • OHR expects that divisions/departments will inform and collaborate with them about administrative leaves or administrative actions imposed by a division or department.
7. Who is responsible for transmitting information?
  • Office of Compliance or OHR search an RSP-provided lookup tool to ascertain if an individual is PI or co-PI on an NSF award and subaward.
  • Office of Compliance or OHR will let RSP know when such an individual has had a finding/determination, been put on administrative leave, or had an administrative action imposed. They also provide detail necessary for reporting to NSF.
  • RSP verifies award information and transmits notification to the NSF Office of Diversity and Inclusion via a secure website.