What To Expect: The Administrative Review Process
REPORT
Any member of the NIH community who believes they have experienced inappropriate conduct, including harassment, may report such behavior to any supervisor, Principle Investigator (PI), manager, Civil, the Office of Equal Opportunity Employment and/or the Office of Intramural Training and Education (OITE), Office of Intramural Research (OIR). Contractors are encouraged to report concerns to their employing organization and/or the Contracting Officer’s Representative (COR) and to follow any reporting requirements set forth by their organization.
All managers, supervisors, PIs, CORs, staff from EEO, and OITE/OIR are responsible for reporting alleged harassment to the Civil in a timely manner. Please see Reporting Continuum for more information. Reporting parties can submit concerns anonymously, but the administrative inquiry process is not confidential. If the reporting party chooses to remain anonymous, Civil will review the allegation to the greatest extent possible given the information available. Once a statement is submitted, Civil may need to proceed with an administrative review based upon the severity or pervasiveness of the allegations or risk to involved parties, regardless of how the reporting party wishes to proceed. To discuss matters with an office that operates under principles of confidentiality, please contact the Employee Assistance Program or the NIH Office of the Ombudsman.
ADMINISTRATIVE REVIEWS
The goal of an administrative review is to provide management officials with necessary information to ensure that appropriate corrective action is taken to address any identified inappropriate behavior in a timely manner. This is separate and distinct from the EEO complaint process. For more information about the differences between this process and the EEO complaint process, please review Manual Chapter 1311, Section. E. Procedures.
Civil will review the initial statement and documentation. If it is determined the matter would be more appropriately handled by another NIH resource, it will be referred to the most appropriate partner office(s). Civil will notify the IC of any referrals and provide them with initial information collected. Partner offices include, but are not limited to:
- Division of Police (if there is an immediate safety concern, call 911)
- Employee and Labor Relations Branch
- Institute/Center/Office (ICO) Leadership
- Office of Intramural Training and Education
- Office of Research Integrity
- Office of Management Assessment
- Office of the Ombudsman
- Employee Assistance Program
- Office of Security and Emergency Response
If a more in-depth inquiry is required, the process may vary based on the facts and circumstances of the allegations. Civil has the discretion to determine the type of inquiry necessary to ensure a thorough and objective examination.
If a trainee/fellow is involved, Civil will notify the Office of Intramural Research and Education (OITE). If a government contractor is involved, Civil will notify the COR and the contracting company. Throughout the process, management officials have the delegated authority to determine and implement any necessary interim actions (i.e., separating parties, investigative leave, etc.) with guidance from the Employee & Labor Relations Branch (ELRB) and/or Office of Intramural Training and Education, as appropriate.
Many factors contribute to the time it takes to complete an inquiry, including obtaining statements from multiple staff members, analyzing all the information collected, and coordinating with the appropriate management officials and stakeholders on next steps.
EVALUATION
Evidence collected during the inquiry is evaluated to determine if a preponderance of evidence (evidence which shows that the fact to be proven is more probable than not) supports that a violation of Manual Chapter 1311 has occurred.
CLOSEOUT
Upon completion of the review, Civil will provide a close-out notification and the full case file to the appropriate management official with the delegated authority to determine and implement any necessary corrective actions with guidance from the Employee & Labor Relations Branch (ELRB) and/or the Office of Intramural Training and Education (OITE), as appropriate.
Close-out notifications are also sent to the reporting party and respondent notifying them the inquiry is complete and further information will be provided by management, as appropriate. Because Civil is responsible for protecting the privacy of all participants in the process, no further information can be provided.