Northeastern State University

Policy for Responding to Allegations

Of Research Misconduct

Enacted this date: 6/30/06

 

 

_______________________________________________

President Larry Williams                                            Date

(Signature on file)


 

                                                                  Table of Contents

 

I.      Introduction. 1

A.     General Policy. 1

B.      Scope. 1

II      Definitions. 2

III.   Rights and Responsibilities. 4

A.     Research Integrity Officer 4

B.      Whistleblower 4

C.      Respondent 6

D.     Deciding Official 6

IV.   General Policies and Principles. 6

A.     Responsibility to Report Misconduct 6

B.      Protecting the Whistleblower 7

C.      Protecting the Respondent 7

D.     Cooperation with Inquiries and Investigations. 8

E.      Preliminary Assessment of Allegations. 8

V.     Conducting the Inquiry. 8

A.     Initiation and Purpose of the Inquiry. 8

B.      Sequestration of the Research Records. 8

C.      Appointment of the Inquiry Committee. 9

D.     Charge to the Committee and the First Meeting. 9

E.      Inquiry Process. 10

VI.   The Inquiry Report 10

A.     Elements of the Inquiry Report 10

B.      Comments on the Draft Report by the Respondent and the Whistleblower 10

C.      Inquiry Decision and Notification. 11

D.     Time Limit for Completing the Inquiry Report 11

VII.      Conducting the Investigation. 11

A.     Purpose of the Investigation. 12

B.      Sequestration of the Research Records. 12

C.      Appointment of the Investigation Committee. 12

D.     Charge to the Committee and the First Meeting. 13

E.      Investigation Process. 13

VIII.    The Investigation Report 14

A.     Elements of the Investigation. 14

B.      Comments on the Draft Report 14

C.      Institutional Review and Decision. 15

D.     Transmittal of the Final Investigation Report 16

E.      Time Limit for Completing the Investigation Report 16

IX.   Requirements for Reporting to ORI. 16

X.     Institutional Administrative Actions. 17

XI.   Other Considerations. 18

A.     Termination of Institutional Employment or Resignation Prior to Completing Inquiry or Investigation  18

B.      Restoration of the Respondent's Reputation. 18

C.      Protection of the Whistleblower and Others. 18

D.     Allegations Not Made in Good Faith. 19

E.      Interim Administrative Actions. 19

XII.      Record Retention. 19

 

 


I.        Introduction. The following represents the Northeastern State University (NSU) Research Misconduct Policy. This policy refers to all research and scientific inquiry conducted by employees, students, and affiliates of NSU, or conducted in conjunction or collaboration with NSU. Sections that are based, in part, on requirements of the Public Health Service (PHS) regulations codified at 42 C.F.R. Part 50, Subpart A have endnotes that indicate the applicable section number, e.g., 42 C.F.R. ' 50.103(d)(1). ' 50.103(d)(1).

A.      General Policy

 

            Northeastern State University, with its home campus in Tahlequah, Oklahoma, and branch campuses in Muskogee and Broken Arrow, Oklahoma adheres to the recognized ethical principles in the conduct of research. Northeastern State University (NSU) adheres to a philosophy of appropriate, ethical behavior and processes related to research that is in accord with that of the general scientific community related to ethics in research.  NSU’s institutional values related to scientific integrity are of the highest standards and are designed to comply with all state and federal regulations. As a statement of principles, NSU will not tolerate research misconduct in any form and will address allegations of such misconduct in a standardized manner. NSU, through its various agencies and offices, endeavors to prevent research misconduct through published policies, education, and other appropriate methods. Finally, NSU encourages and supports good faith efforts on the part of any individual to report potential instances of questionable research methods or research misconduct. In essence, NSU is supportive and protective of individuals reporting research misconduct.

 

B.      Scope

 

            This policy and the associated procedures apply to all individuals at Northeastern State University engaged in research.  The PHS regulation at 42 C.F.R. Part 50, Subpart A applies to any research, research-training or research-related grant or cooperative agreement with PHS.  This policy applies to any person paid by, under the control of, or affiliated with the institution, such as scientists, trainees, technicians and other staff members, students, fellows, guest researchers, or collaborators at NSU.

 

The policy and associated procedures will normally be followed when an allegation of possible misconduct in science is received by an institutional official. Particular circumstances in an individual case may dictate variation from the normal procedure deemed in the best interests of NSU.  Any change from normal procedures also must ensure fair treatment to the subject of the inquiry or investigation.  Any significant variation should be approved in advance by the Vice President of Academic Affairs of Northeastern State University.

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II        Definitions

     

A.                 Allegation means any written or oral statement or other indication of possible

             scientific misconduct made to an institutional official.

 

 

B.        Conflict of interest means the real or apparent interference of one person's interests with the interests of another person, where potential bias may occur due to prior or existing personal or professional relationships.

 

C.        Deciding Official means the institutional official who makes final determinations on allegations of scientific misconduct and any responsive institutional actions.  The Deciding Official will not be the same individual as the Research Integrity Officer and should have no direct prior involvement in the institution's inquiry, investigation, or allegation assessment.

 

D.        Good faith allegation means an allegation made with the honest belief that scientific misconduct may have occurred.  An allegation is not in good faith if it is made with reckless disregard for or willful ignorance of facts that would disprove the allegation.

 

E.         Inquiry means gathering information and initial fact-finding to determine whether an allegation or apparent instance of scientific misconduct warrants an investigation.[1]

 

F.         Investigation means the formal examination and evaluation of all relevant facts to determine if misconduct has occurred, and, if so, to determine the responsible person and the seriousness of the misconduct.[2]

 

G.        ORI means the Office of Research Integrity, the office within the U.S. Department of Health and Human Services (DHHS) that is responsible for the scientific misconduct and research integrity activities of the U.S. Public Health Service.

 

H.        PHS means the U.S. Public Health Service, an operating component of the DHHS.

 

I.          PHS regulation means the Public Health Service regulation establishing standards for institutional inquiries and investigations into allegations of scientific misconduct, which is set forth at 42 C.F.R. Part 50, Subpart A, entitled "Responsibility of PHS Awardee and Applicant Institutions for Dealing With and Reporting Possible Misconduct in Science."

 

J.          PHS support means PHS grants, contracts, or cooperative agreements or applications therefor.

 

K.        Research Integrity Officer means the institutional official responsible for assessing allegations of scientific misconduct and determining when such allegations warrant inquiries and for overseeing inquiries and investigations.

 

L.         Research record means any data, document, computer file, computer diskette, or any other written or non-written account or object that reasonably may be expected to provide evidence or information regarding the proposed, conducted, or reported research that constitutes the subject of an allegation of scientific misconduct.  A research record includes, but is not limited to, grant or contract applications, whether funded or unfunded; grant or contract progress and other reports; laboratory notebooks; notes; correspondence; videos; photographs; X-ray film; slides; biological materials; computer files and printouts; manuscripts and publications; equipment use logs; laboratory procurement records; animal facility records; human and animal subject protocols; consent forms; medical charts; and patient research files.

 

M.        Respondent means the person against whom an allegation of scientific misconduct is directed or the person whose actions are the subject of the inquiry or investigation.  There can be more than one respondent in any inquiry or investigation.

 

N.        Retaliation means any action that adversely affects the employment or other institutional status of an individual that is taken by an institution or an employee because the individual has in good faith, made an allegation of scientific misconduct or of inadequate institutional response thereto or has cooperated in good faith with an investigation of such allegation

 

O.        Scientific misconduct or misconduct in science means fabrication, falsification, plagiarism, or other practices that seriously deviate from those that are commonly accepted within the scientific community for proposing, conducting, or reporting research.  It does not include honest error or honest differences in interpretations or judgments of data.[3]

 

P.         Whistleblower means a person who makes an allegation of scientific misconduct.

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III.      Rights and Responsibilities

 

A.      Research Integrity Officer

                       

The Deciding Official, in this case the NSU Vice President for Academic Affairs, will appoint the Research Integrity Officer who will have primary responsibility for implementation of the procedures set forth in this document.  The Research Integrity Officer will be an institutional official who is well qualified to handle the procedural requirements involved and is sensitive to the varied demands made on those who conduct research, those who are accused of misconduct, and those who report apparent misconduct in good faith.

 

The Research Integrity Officer will appoint the inquiry and investigation committees and ensure that necessary and appropriate expertise is secured to carry out a thorough and authoritative evaluation of the relevant evidence in an inquiry or investigation.  The Research Integrity Officer will attempt to ensure that confidentiality is maintained.

 

The Research Integrity Officer will assist inquiry and investigation committees and all institutional personnel in complying with these procedures and with applicable standards imposed by government or external funding sources.  The Research Integrity Officer is also responsible for maintaining files of all documents and evidence and for the confidentiality and the security of the files.

 

The Deciding Official will report to ORI as required by regulation and keep ORI apprised of any developments during the course of the inquiry or investigation that may affect current or potential DHHS funding for the individual(s) under investigation or that PHS needs to know to ensure appropriate use of Federal funds and otherwise protect the public interest.[4]

 

B.      Whistleblower     

 

The whistleblower will have an opportunity to testify before the inquiry and investigation committees, to review portions of the inquiry and investigation reports pertinent to his/her allegations or testimony, to be informed of the results of the inquiry and investigation, and to be protected from retaliation.  Also, if the Research Integrity Officer has determined that the whistleblower may be able to provide pertinent information on any portions of the draft report; these portions will be given to the whistleblower for comment.

 

The whistleblower is responsible for making allegations in good faith, maintaining confidentiality, and cooperating with an inquiry or investigation.

 


C.      Respondent

 

The respondent will be informed of the allegations when an inquiry is opened and notified in writing of the final determinations and resulting actions.  The respondent will also have the opportunity to be interviewed by and present evidence to the inquiry and investigation committees, to review the draft inquiry and investigation reports, and to have the advice of counsel.

 

The respondent is responsible for maintaining confidentiality and cooperating with the conduct of an inquiry or investigation.  If the respondent is not found guilty of scientific misconduct, he or she has the right to receive institutional assistance in restoring his or her reputation.[5]

 

D.      Deciding Official

 

The Deciding Official, who is the NSU Vice President for Academic Affairs, will receive the inquiry and/or investigation report and any written comments made by the respondent or the whistleblower on the draft report.  The Deciding Official will consult with the Research Integrity Officer or other appropriate officials and will determine whether to conduct an investigation, whether misconduct occurred, whether to impose sanctions, or whether to take other appropriate administrative actions [see section X].

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IV.     General Policies and Principles

 

A.      Responsibility to Report Misconduct

 

All employees or individuals associated with Northeastern State University should report observed, suspected, or apparent misconduct in science to the Research Integrity Officer or the Chair of the Institutional Review Board, who in turn, report to the Vice President for Academic Affairs.  If an individual is unsure whether a suspected incident falls within the definition of scientific misconduct, he or she may call the Research Integrity Officer through the Office of Academic Affairs at telephone extension 2060 to discuss the suspected misconduct informally.  If the circumstances described by the individual do not meet the definition of scientific misconduct, are the result of honest error, or do not rise to a level of seriousness that constitutes extrainstitutional reportable actions, the Research Integrity Officer will refer the individual or allegation to other offices or officials with responsibility for resolving the problem.

 

 

At any time, an employee may have confidential discussions and consultations about concerns of possible misconduct with the Research Integrity Officer or the Chair of the Institutional Review Board and will be counseled about appropriate procedures for reporting allegations.

 

B.      Protecting the Whistleblower

 

The Research Integrity Officer will monitor the treatment of individuals who bring allegations of misconduct or of inadequate institutional response thereto, and those who cooperate in inquiries or investigations.  The Research Integrity Officer will ensure that these persons will not be retaliated against in the terms and conditions of their employment or other status at the institution and will review instances of alleged retaliation for appropriate action.

 

Employees should immediately report any alleged or apparent retaliation to the Research Integrity Officer.

 

Also the institution will protect the privacy of those who report misconduct in good faith[6] to the maximum extent possible.  For example, if the whistleblower requests anonymity, the institution will make an effort to honor the request during the allegation assessment or inquiry within applicable policies and regulations and state and local laws, if any.  The whistleblower will be advised that if the matter is referred to an investigation committee and the whistleblower's testimony is required, anonymity may no longer be guaranteed.  Institutions are required to undertake diligent efforts to protect the positions and reputations of those persons who, in good fait