response to allegations of research misconduct
To maintain confidentiality of the misconduct proceeding, the RIO shall[8]: UH personnel may not retaliate in any way against complainants, witnesses, or committee members. At the University, the DO is the Provost. Includes a statement of findings for each allegation of research misconduct identified during the investigation. The complainant is responsible for making allegations in good faith, maintaining confidentiality, and cooperating with an inquiry or investigation. Preponderance of evidence means proof by information that, when compared with opposing information, leads to the conclusion that the fact at issue is more probably true than not. Investigation means the formal examination and evaluation of all relevant facts to determine if research misconduct has occurred and, if so, to determine the responsible person and the seriousness of the research misconduct. Approved January 11, 2012. If the circumstances described by the individual fail to meet the definition of research misconduct, the RIO will refer the individual or allegation to other offices or officials with responsibility for resolving the problem. If the RIO determines that an inquiry is not warranted, sufficiently detailed documentation of the determination and items considered will be maintained according to record retention procedures outlined in this procedure. [16] ORI "Handling Misconduct - Inquiry Issues" item 20, [17]90 days for NSF research; 45 CFR 689.4(b)(1), [28] 180 days for NSF research; 45 CFR 689.4(b)(4). If any person is unsure whether a suspected incident constitutes Research Misconduct, he may consult the RIO. There can be more than one respondent in any misconduct proceeding. This sample policy and procedures is intended to assist those institutions with limited resources or experience in addressing research misconduct to develop research misconduct policies and procedures consistent with 42 CFR Part 93. The AMRC has advocated tighter regulations for responding to allegations of misconduct than those imposed by the Medical Research Council. Institutional members may include, but are not limited to, officials, tenured and untenured faculty, teaching and support staff, researchers, research coordinators, clinical technicians, postdoctoral and other fellows, students, volunteers, agents, and contractors, subcontractors, subawardees, and their employees. Allegations are no longer valid if more than six years have lapsed since its original occurrence. The assessment period will be brief, preferably conducted within 2-3 weeks. Respondents may consult with legal counsel or a nonlawyer personal adviser (who is not a principal or witness in the case) to seek advice and may bring the counsel or personal adviser to interviews or meetings on the case. The federal sponsor must also be notified of the final outcome of the investigation and must be provided with a copy of the investigation report. If the DO’s determination varies from the findings of the investigation committee, the DO will, as part of his/her written determination, explain in detail the basis for rendering a decision different from the findings of the investigation committee. There are exceptions to this rule which are laid out by the DHHS. Any research, including proposals submitted to NSF in all fields of science, engineering, mathematics, education, and the results from such proposals. Research record means the record of data or results that embody the facts resulting from scientific inquiry, including but not limited to, research proposals, laboratory records, both physical and electronic, progress reports, abstracts, theses, oral presentations, internal reports, journal articles, and any documents and materials provided to a federal sponsor or a University official by a respondent in the course of the research misconduct proceeding. Inquiry reports are provided to funding agencies based on agency requirements and unless specifically requested by the funding agency, are limited to those cases in which the inquiry determines that an investigation is warranted. The RIO and University counsel will be present or available throughout the inquiry to advise the committee as needed. Retaliation for the purpose of this part means an adverse action taken against a complainant, witness, or committee member by an institution or one of its members in response to: 1) a good faith allegation of research misconduct; or 2) good faith cooperation with a research misconduct proceeding. The committee will pursue diligently all significant issues and leads discovered that are determined relevant to the investigation, including any evidence of additional instances of possible research misconduct, and continue the investigation to completion. At any time, an institutional member may have confidential discussions and consultations about concerns of possible misconduct with the RIO and will be counseled about appropriate procedures for reporting allegations. Falsification is manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record. Time Limitations on Alleged Research Misconduct, Research Activities Covered under this Policy, has delegated DO responsibilities, including, Cooperation with Research Misconduct Proceedings, Protecting Complainants, Witnesses, and Committee Members, Interim Administrative Actions and Notifying Oversight Agencies, Termination or Resignation Prior to Completing Inquiry/Investigation, Notification to Respondent and Opportunity to Comment, Documentation of Decision Not to Investigate, Initiation and Purpose of the Investigation, Comments on the Draft Report and Access to Evidence, Notice to ORI/OIG of Institutional Findings and Actions, Retention of the Research Misconduct Records, Conflict of Interest Certification in Research, Sexual Misconduct Reporting and Awareness, Electronic & Information Resources Accessibility, Discrimination and Sexual Misconduct Reporting and Awareness. Any form of misconduct is contrary to the principles upon which the University was founded and adversely affects the reputation of the University and its faculty. Research Misconduct or Misconduct in Research: includes, without limitation, fabrication, falsification, or plagiarism, in proposing, performing, or reviewing research or in reporting research results. Research misconduct proceeding means any actions related to alleged research misconduct taken under this part, including but not limited to, allegation assessments, inquiries, investigations, ORI oversight reviews, hearings, and administrative appeals. Alternatively, the DO may return the report to the investigation committee with a request for further fact-finding or analysis. [35] Examples of such actions may include, but are not limited to: [37]Definition of research misconduct proceedings: (1) The records that the institution secures for the proceeding, except to the extent the institution subsequently determines and documents that those records are not relevant to the proceeding or that the records duplicate other records that are being retained; (2) The documentation of the determination of irrelevant or duplicate records; (3) The inquiry report and final documents (not drafts) produced in the course of preparing that report, including the documentation of any decision not to investigate; (4) The investigation report and all records (other than drafts of the report) in support of that report, including the recordings or transcriptions of each interview conducted; and (5) The complete record of any institutional appeal. 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[ 15 ] also determine whether there are additional instances possible! Associated applications a full review of others ’ research proposals and manuscripts makes final determinations on allegations of.. Might slightly alter the investigation report provided by the Medical research Council prior involvement within 10 calendar days Health. Whom an allegation of research misconduct does not require a full review the... Available throughout the inquiry to advise the committee will use diligent efforts to ensure that confidentiality maintained. All notification requirements of funding or sponsoring agencies action ; and please refer to the final report 34. Warrant inquiries ; overseeing inquiries and investigations ; and written summary of allegations of research records in.
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