色虎视频

A crucial element of any fair and effective policy on scientific misconduct is a process that will distinguish instances of genuine and serious misconduct from insignificant deviations from acceptable practices. The policy will allow such distinctions to be made in a manner that minimizes disruptiveness and protects the conscientious, honest scientist from false or mistaken accusations.

Definitions

Misconduct: For purposes of this policy, misconduct is defined as 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. Misconduct does not include honest error or honest difference in interpretation or judgments of data. Definitions for common types of scientific misconduct are as follows:

1. Falsification of Data: Falsification ranges from fabrication to deceptively selective reporting of findings and omission of conflicting data.

   2. Improprieties of Authorship: Improprieties of authorship include plagiarism and other improper assignment of credit such as excluding others, or claiming the work of another as one's own; presentation of the same material as original in more than one (1) publication; inclusion of individuals as authors who have not made a definite contribution to the work published; and submission of multi-authored publications without the concurrence of all authors.

   3. Misappropriation of Ideas: Misappropriation of ideas is defined as the improper use of information or influence gained by privileged access, such as service on peer review panels, editorial boards, and policy boards of research funding organizations.

   4. Violation of Generally Accepted Research Practices: Serious deviation from accepted research practices will be considered as deliberate manipulation of experiments or improper statistical or analytical manipulations to deliberately obtain biased results.

   5. Violation of Federal, State, or Institutional Rules Governing Research: Failure to comply with stated policies regarding use of funds, care of animals, use of human subjects, investigational drugs or controlled substances, recombinant DNA, new devices, and radioactive, biological, or chemical materials will not be considered as scientific misconduct under this policy. Such violations will be referred to the appropriate University committees for disposition.

   6. Inquiry: Inquiry means information gathering and initial fact finding to determine whether an allegation or apparent instance of misconduct warrants an investigation.

   7. Investigation: Investigation means the formal examination and evaluation of all relevant facts to determine if misconduct has occurred. If misconduct is confirmed, the investigation should determine the seriousness of the offense and the extent of any adverse effects resulting from the misconduct.

   8. Complainant: Complainant is the person who makes or files a charge of misconduct, i.e., the accuser.

   9. Respondent: Respondent is the person who responds to a charge of misconduct, i.e., the accused.

   10. Days: Days as mentioned in this policy shall refer to calendar days.

   Guiding Principles of this Policy

   The guiding principles shall be as follows:

   • To maximize confidentiality for the Respondent during the full process and for the Complainant;
   • To assure the Respondent a fair hearing; and
   • To minimize the number of individuals involved in the inquiry and investigative stages.

Process for Handling Allegations for Misconduct

This policy shall apply to faculty, administrative and professional staff, and students. The University's process for handling allegations of misconduct involves three stages: inquiry, investigation, and resolution. All parties involved in the process shall be entitled to consultation with legal counsel (at her/his own expense) in all meetings relating to the alleged misconduct.

1. Report of an Allegation

a. An allegation of misconduct shall be made in writing, signed by the complainant, and filed with the VPAA.

b. Upon receipt of an allegation, the VPAA will counsel the Complainant as to the policies and procedures for handling misconduct and to ensure that the allegation is made in good faith and is not frivolous, unjustified, or clearly mistaken.

c. If the Complainant does not wish to withdraw the allegation, the VPAA shall make a formal notification of the same, in writing, to both the University President and the Respondent. The VPAA shall then initiate the inquiry process.

2. Inquiry

a. The inquiry shall formally begin with receipt by the President of the allegation of misconduct. An inquiry is not a formal hearing; it is designed to separate allegations deserving further investigation from frivolous, unjustified, or clearly mistaken allegations.

b. Within ten (10) days of notifying the President and the Respondent of the formal allegation, the VPAA will appoint and convene a Misconduct Inquiry Committee (Inquiry Committee) consisting of five (5) faculty members to conduct the inquiry. Members shall be appointed who have

1) no verified interest in either the Complainant or Respondent or in either the Complainant's or Respondent's projects;

2) no 色虎视频 appointment in the discipline of either the Complainant or the Respondent; and

3) appropriate expertise for evaluating the information relevant to the case.

c. Within the aforementioned ten (10)-day period, the VPAA shall also inform the Respondent in writing of the allegation, the procedures that will be used to examine the allegation, and the composition of the committee. The Respondent is expected to cooperate fully with requests for information by the Inquiry Committee during the inquiry. Such communication with the Respondent shall be by certified U.S. mail with return receipt requested.

d. When the inquiry process is in force, confidentiality of all procedures and documents must be maintained. It shall be the responsibility of the chair of the Inquiry Committee to make certain that rigorous confidentiality is maintained. Documents of inquiries shall be sufficiently detailed in order to permit a later assessment of the reasons for determining that an investigation was not warranted (if necessary). All records should remain in the Office of the VPAA throughout the inquiry process.

e. The committee shall inform the Respondent and the Complainant of the responsibility to provide all necessary original documentation in a timely fashion. Uncooperative behavior may result in immediate implementation of a formal investigation or other University sanctions.

f. While legal counsel is always the right of the Respondent, it would be hoped that during the inquiry phase, all interactions shall be limited to the committee members, the Respondent, and the Complainant.

g. All parties to the case, including members of the Inquiry Committee, shall have the opportunity to present evidence, to call witnesses, and to examine or cross-examine the witnesses.

h. The inquiry phase should be resolved expeditiously within sixty (60) days of the initial notification of the President and Respondent. Should this timetable be impossible, the committee must file a written report with the Office of the VPAA citing the reasons for the delay, progress to date, and a request for an extension.

i. At the completion of the inquiry process a written report shall be prepared. This report shall:

(1) state what evidence was reviewed;

(2) summarize relevant interviews; and

(3) state the finding(s) and conclusion(s) of the Inquiry Committee.

The Respondent shall be given a copy of the report. The Respondent may at her/his option prepare written comments which shall be made a part of the record.

j. The VPAA shall review the results. Based solely on the written record, the VPAA may elect to certify the report. However, if the VPAA finds that the allegation is not supported, he/she may dismiss the allegations and close the matter. In either case, the VPAA's decision shall be transmitted to the Respondent and the Complainant via certified U.S. mail with return receipt requested. The VPAA shall concurrently notify the President of the decision.

k. The University shall notify the Office of Scientific Integrity (OSI), a division of the National Institutes of Health (NIH), when on the basis of the initial inquiry, the University determines that an investigation is warranted or prior to the decision to initiate an investigation if one or more of the following conditions exists:

(1) There is an immediate health hazard involved;

(2) There is an immediate need to protect federal funds or equipment;

(3) There is an immediate need to protect the interests of the person(s) making the allegations or of the individual(s) who is/are the subjects of the allegations as well as her/his/their co-investigators and associates, if any;

(4) It is probable that the alleged incident is going to be reported publicly;

(5) There is a reasonable indication of possible criminal violation. In that instance the University must inform OSI within twenty-four (24) hours of obtaining that information.

1. Five (5) days following acknowledgement of receipt of the finding by the respondent, the VPAA shall take one (1) of the two (2) courses of action below according to the decision reached in 2 j:

(1) the Inquiry Committee finds no basis to the allegation or the VPAA does not certify the findings:

(i) then, the proceedings of the inquiry will terminate;

(ii) records will be destroyed three (3) years after completion of an inquiry, assuming no other related allegations have been made concerning the Respondent;

(iii) all involved parties and the President's office shall be so notified by the VPAA and efforts will be made to be sure that the Respondent is cleared of unsupported allegations. 

(iv) If the committee finds the allegations to be unjust and malicious, sanctions may be recommended against the Complainant.

(2) the Inquiry Committee finds a basis in fact to the allegation and the VPAA certifies the report:

(i) the VPAA will forward this decision together with all committee documentation to the President's office and the Office of Sponsored Research and Grants within five (5) days of the decision.

(ii) At this point, in accordance with federal regulations, the Office of Sponsored Research and Grants will forward to the sponsoring agency notification that an allegation of misconduct has been found to have a basis in fact following an inquiry, and that the allegation will now be submitted to the formal investigation process.

During the inquiry into the allegation of misconduct, interim action by the President upon recommendation of the VPAA may be taken in order that federal funds may be protected and/or the purposes of federal financial assistance are carried out.

3. Investigation

a. Within thirty (30) days following a decision by the Inquiry Committee that an allegation of misconduct has been substantiated, the VPAA will appoint a second ad hoc committee to investigate the case. The VPAA must guarantee that there is no conflict of interest among any of the members of the committee and the Respondent or the Complainant. The committee should be constituted in such a manner that the academic integrity and expertise of its members are assured. The committee shall consist of five (5) tenured faculty members from degree-granting institutions including at least one (1) from 色虎视频 and at least one (1) from another institution. All records from the Inquiry Committee shall be made available to the Investigation Committee, but they shall be maintained in the Office of the VPAA.

b. Following the appointment of the Investigation Committee, the VPAA shall notify both the Respondent and the Complainant, via certified U.S. mail with return receipt requested, that an investigation has begun and the composition of the committee. In the event of extra-mural sponsorship the VPAA shall also notify the director of Sponsored Research and Grants of the same. 

c. The OSI shall be apprised of any development during the course of the investigation which disclose facts that may affect current or potential Department of Health and Human Services funding for the individual(s) under investigation or that the Public Health Services needs to know in order to ensure the proper use of federal funds or otherwise protect the public interest.

d. The right of the Respondent to be accompanied by a representative, in any advisory capacity, shall be recognized at any stage in any proceeding. Should the Respondent choose to be represented by an attorney, the Investigation Committee or appropriate University official must be notified, in writing, five (5) days prior to the date of any meeting at which the attorney will be present. The University shall provide legal counsel for the Investigation Committee or appropriate University official (to act in an advisory capacity) at any meeting in which the Respondent appears with an attorney.

e. The Investigation Committee shall conduct a hearing which shall be closed to the public.

1. The committee may request documents, receive evidence, and call and hear witnesses. If additional information emerges that may justify broadening or narrowing the scope of the investigation beyond the initial allegations, the Respondent is to be informed in writing by the VPAA of significant new directions in the investigation. This notification shall be forwarded by certified U.S. mail, with return receipt requested.

g. While certain federal regulations require notification of the sponsoring agencies of investigations into misconduct, no other agency sponsoring the same respondent shall be notified. In the event of federal sponsorship, the appropriate ethics office of the funding agency will be informed of the investigation, as required by regulations.

h. Consistent with federal requirements, the investigation process shall be completed within one hundred twenty (120) days. If the process cannot be completed within this time, a written report shall be sent by the Investigation Committee to the Office of the VPAA, together with a request for an extension of time. The VPAA will forward the request for extension to the appropriate ethics office of the funding agency, as may be required by law.

i. Upon reaching its decision, the Investigation Committee shall submit its findings, in writing, to the VPAA. These findings shall include a record of the vote. They may also include a recommendation of sanction.

j. All records of the Investigation Committee shall be forwarded to the Office of the VPAA, where they shall be kept for three (3) years, following resolution of the matter.

k. Within ten (10) calendar days of receipt of the report, the VPAA shall certify the committee's findings and provide the Respondent with a copy of the same. The Respondent shall have the right to file written response to the committee's findings within ten (10) calendar days of receipt of the report from the VPAA. Correspondence from the VPAA to the Respondent shall be by certified mail, with a return receipt requested.

l. Upon receipt of the Respondent's comments or upon conclusion of the deadline cited in j. above, the VPAA shall review all the evidence of the case and make a decision, including the sanctions to be applied, within ten (10) calendar days. The VPAA shall inform the Respondent of the decision and the appeal process, if appropriate. Notification to the Respondent shall be made via certified mail with a return receipt requested. The VPAA shall also notify the President of this decision.

m. In the event of federal sponsorship, the Office of Sponsored Research and Grants will inform the appropriate ethics office of the funding agency of the Investigation Committee's findings.

4. Resolution

a. Absence of fraud or misconduct,

(1) all research sponsors which were informed of the investigation will be notified in writing that the allegation of fraud or misconduct was not supported;

(2) efforts will be made to prevent retaliatory actions against the Complainant; if the allegation is deemed to have been maliciously motivated, appropriate disciplinary action will be taken against the Complainant by the VPAA or other appropriate institutional officials;

(3) in publicizing the finding of no fraud or misconduct, the VPAA and the Office of Sponsored Research and Grants will be guided by whether public announcements will be harmful or beneficial in restoring any reputation(s) that may have been damaged. The University will make every effort to protect the reputations of those individuals who in good faith made allegations which were not supported by the investigation.

b. When there is presence of fraud or misconduct,

(1) the Grants Office shall notify all appropriate federal agencies, sponsors, or other entities of the finding. These entities may include, but not be limited to:

(i) ethics office(s) of federal agency(ies); and

(ii) sponsoring agencies, funding sources.

(2) the VPAA shall review the findings of the Investigation Committee and shall recommend sanctions against the Respondent to the President as appropriate. Sanctions may include, but not be limited to:

Faculty:

(i) removal from the particular project;

(ii) special monitoring of future work;

(iii) suspension of rights and responsibilities for a specified period, with or without salary;

(iv) denial of merit pay;

(v) denial of sabbatical;

(vi) denial of tenure; and

(vii) termination of employment.

Staff:

(i) removal from particular projects;

(ii) special monitoring of future work;

(iii) letter of reprimand;

(iv) disciplinary probation

(v) suspension of rights and responsibilities for a specified period, with or without pay;

(vi) demotion;

(vii) reduction in salary; and

(viii) termination of employment.

(3) the President may concur with the recommendations of the VPAA or may make such other findings or reach such other conclusions as, in her/his opinion, are supported by the facts. The President shall notify the Respondent, in writing, of her/his decision.

5. Appeal Process

The Respondent may file written notice of appeal, through the Office of the President of the University, to the Board of Curators within ten (10) working days of the receipt of the President's decision. The President shall transmit the notice of appeal, the hearing record and all related documents to the Board of Curators. The decision of the Board of Curators, upon review of the complete record, shall be final.

Grounds for appeal include, but are not limited to, the following:

1. conclusions not supported by the evidence;

2. conflict of interest not previously known among those involved in the investigation; and

3. other lapses in due process.

The Office of Scientific Integrity will be notified of the final outcome.