US · guidance
BOP Program Statement 3716.01 § 4
PROCEDURES AND RESPONSIBILITIES
a. Responsibilities Applicable to All Bureau Staff. Each staff member is responsible for
conducting themselves in accordance with the Program Statement Standards of Employee
Conduct, refraining from any harassing conduct, and becoming familiar with and complying
with the provisions of this program statement.
b. Responsibilities of Supervisors and Management Officials. Supervisors and managers are
responsible for:
■ Preventing harassing conduct in the workplace from all staff, contract workers, and
inmates.
■ Acting promptly and appropriately to prevent retaliation and harassment against those
who are subjected to and/or report harassing conduct.
■ Reporting to the Chief Executive Officer (CEO) or other appropriate authority, including
but not limited to, their immediate supervisor, the Office of Internal Affairs (OIA) the
Office of Inspector General (OIG), Management Officials, EEO Counselors, and/or
Ombudsman, any incident of harassing conduct they witness, observe, or is otherwise
brought to their attention in accordance with Section 5d of this program statement.
■ Maintaining confidentiality of individual complaints brought to their attention consistent
with the other provisions of this program statement. Information about reported incidents
should be disclosed only to those with a legitimate need to know.
■ Not subjecting individuals to retaliation for bringing issues forward.
■ Providing prompt, interim relief, when necessary, to alleged victims of harassing conduct
to ensure further misconduct does not occur. To the greatest extent practical, the concerns
of the alleged victim and any adverse impact on them will be taken into consideration. If
interim relief is provided, the relief will be provided until the investigation/review is
concluded, at which point a determination of final relief will be made. If the supervisor or
management official does not have the authority to provide the relief, if any is necessary,
they must refer the matter to the appropriate management official.
■ Promptly initiating appropriate corrective and disciplinary action, up to and including
removal, against staff who are found to have engaged in harassing conduct, or who have
not carried out their responsibilities under this program statement, in accordance with all
applicable laws and the Program Statement Standards of Employee Conduct.
c. Responsibilities of the Bureau EEO Office. The Bureau EEO Office is responsible for:
■ Providing anti-harassment training to ensure all staff are informed of this program
statement and procedures to follow when reporting harassing conduct.
3716.01 3/19/2026 PROPERTY OF US GOVERNMENT 5
■ Providing anti-harassment training to supervisors and managers. This training can include
but is not limited to civil treatment training and training in response to adverse decisions.
■ Training will explain the various types of conduct that violate this program statement, the
potential liability the Bureau faces when this program statement is violated, the
responsibilities of supervisors and managers when they learn of alleged harassing
conduct, and the prohibition against harassing conduct.
■ Receiving and reporting allegations of harassing conduct, presented pursuant to this
program statement to OIA.
■ Providing technical assistance as requested.
d. Reporting Harassing Conduct. The Bureau cannot correct harassing conduct if the conduct
is unknown.
Any Bureau staff who believe they have been the subject of an incident of harassing conduct in
violation of this program statement is required to report this matter, in writing or orally, to any
supervisor, management official, and/or OIA. Reports involving contractors or their personnel
must be directed to the contracting officer.
Staff who believe they have been subjected to discrimination must abide by the timeframes in the
Program Statement Discrimination and Retaliation Complaints Processing if they wish to
pursue those avenues for redress. If there is a delay in reporting harassment in accordance with
the Program Statement Standards of Employee Conduct, it is recommended consideration be
extended to reporting parties given the traumatic nature of harassment.
e. Responding to Allegations of Harassing Conduct. A supervisor, management official, or
contracting officer who receives an allegation of or witnesses harassing conduct must:
■ Speak with the relevant parties to conduct a limited inquiry. The alleged harasser may be
asked, but is not required, to provide information, verbally or in writing.
■ Consider the privacy concerns of the alleged victim. Discussions about the alleged
harassment should be conducted in a private area, when possible.
■ Take prompt corrective action to stop any harassing conduct and prevent further
harassing conduct while the allegations are being investigated, including granting
appropriate interim relief, when necessary, to the alleged victim. If the supervisor or
management official does not have the authority to provide appropriate corrective action
or interim relief, they will refer the matter to the appropriate management official. Any
corrective action taken by the CEO against the alleged harasser must be consistent with
applicable laws, rules, and regulations. The range of possible corrective actions and/or
responses will be determined by the CEO. These corrective actions and/or responses may
include, but are not limited to, issuance of cease-and-desist letters, schedule changes, the
reassignment of the alleged harasser to another job within the work site or removing the
alleged harasser from the work site pending resolution of the matter.
3716.01 3/19/2026 PROPERTY OF US GOVERNMENT 6
■ Recognize each allegation of harassment is unique. Accordingly, the corrective actions
and/or responses must be tailored to address the particular facts of the situation. The
issuance of cease-and-desist letters must be used appropriately. When two staff members
might both be at fault or acting inappropriately, it would be reasonable to consider issuing
cease-and-desist letters to both individuals. In cases where there has been a report of one-sided harassment, the alleged victim will not be issued a cease-and-desist letter.
■ Considering the concerns of the alleged victim when determining corrective actions
and/or responses.
■ Determining if a threat assessment is needed in accordance with the Program Statement
Workplace Violence Prevention, Staff.
■ Promptly conducting a thorough and impartial investigation of harassment allegations.
f. Confidentiality. All information is maintained on a confidential basis to the greatest extent
possible. The maintenance of records and any disclosures of information from these records must
be in full compliance with the Privacy Act, 5 U.S.C. § 552a. To carry out the intent of this
program statement, however, such information may have to be disclosed to OIA, or to those
officials and staff within the Bureau with a “need to know”, to include but not limited to,
members of the Anti-Harassment Committee.
History
PS 3716.01 dated 2026-03-19
Provenance
- Source
- bop.gov
- Retrieved
- 2026-09-20
- Edition
- bop-ps-2026-09-20
- Content hash
81760daa52ae6b0a02e00fda5998c076c609064b11e2bc6b9e499ebc2393229a
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