Case Western Reserve University's Policy for Responding to Allegations of Scientific Misconduct

This is the Case policy as of the OEC symposium on Responding to Allegations of Research Misconduct in 10/1999. The university's current policy can be found at the Case research compliance page.

Table of Contents

I. Introduction
II. Definitions
III. Rights and Responsibilities
IV. General Policies and Principles
V. Conducting the Inquiry
VI. The Inquiry Report
VII. Conducting the Investigation
VIII. The Investigation Report
IX. Requirements for Reporting to ORI
X. Institutional Administrative Actions
XI. Other Considerations
XII. Record Retention
Footnotes

I. Introduction

Sections that are based on requirements of the 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. β 50.103(d)(1).

A. General Policy
Research misconduct will not be tolerated or accepted at Case Western Reserve University. Scientific integrity and ethics are highly valued and expected from all members of the University community. While ensuring compliance, the University will make all efforts to protect the rights and reputations of all individuals including the respondent and good faith complainant.

The University will educate researchers and staff members on policies and the importance of compliance. Preventative measures are by far the most productive and least damaging to all involved. Our goal is to initiate department-level discussions among students, faculty, and staff researchers to examine the contemporary stresses felt on academic research ethics, and to consider ways to deal with those stresses.

The University's basic procedural approach to handling allegations of research misconduct is to investigate as soon as misconduct is suspected, inform and cooperate with the Office of Research Integrity (ORI), and to follow the proceeding policies.

B. Scope
This policy and the associated procedures apply to all individuals at Case Western Reserve University engaged in any research whether it is supported by the U.S. Public Health Service (PHS) or not. 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 University 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 Case Western Reserve University. While the University's authority to investigate, to compel cooperation, and to impose sanctions against those who are not members of the University Community is limited, the University will nonetheless investigate all allegations of misconduct involving research.

The policy and associated procedures will normally be followed when an allegation of possible misconduct in science is received by a University official. Particular circumstances in an individual case may dictate variation from the normal procedure, when such variations are deemed to be in the best interests of Case Western Reserve University and PHS. Any change from normal procedures also must ensure fair treatment to the subject of the inquiry or investigation

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II. Definitions

A. Allegation
means any written or oral statement or other indication of possible scientific misconduct made to a University 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 University 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 whether 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 Awardees and Applicant Institutions for Dealing With and Reporting Possible Misconduct in Science."
J. PHS support
means PHS grants, contracts, or cooperative agreements or applications therefore.
K. Research Integrity Officer
means the University official responsible for assessing allegations of scientific misconduct and determining whether 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. Complainant
means a person who makes an allegation of scientific misconduct.

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III. Rights and Responsibilities

A. Research Integrity Officer
The Assistant Director of Research Administration (or in her absence the Director of Research Administration) will serve as 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 a University 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 University 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 Research Integrity Officer 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. Complainant
The complainant will ordinarily have an opportunity to be interviewed by 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 complainant may be able to provide pertinent information on any portions of the draft report, these portions may be given to the complainant for comment.

The complainant 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 advisor of choice. Advisors, however, may only consult with the respondent. They may not address the committee, ask questions of the committee, or participate in the interviews.

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

D. Deciding Official
The Vice President for Research and Technology Transfer (or in his/her absence the Provost) as the Deciding Official will receive the inquiry and/or investigation report and any written comments made by the respondent or the complainant 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 Case Western Reserve University should report observed, suspected, or apparent misconduct in science to the Research Integrity Officer. 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 at (216) 368-4510 to discuss the suspected misconduct informally. If the circumstances described by the individual do not meet the definition of scientific misconduct, 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 discussions and consultations about concerns of possible misconduct with the Research Integrity Officer and will be counseled about appropriate procedures for reporting allegations.

B. Protecting the Complainant
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 attempt to 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 or those affiliated with the University or a PHS grant should immediately report any alleged or apparent retaliation to the Research Integrity Officer.

Also the University will protect the privacy of those who report misconduct in good faith to the maximum extent possible. For example, if the complainant6 requests anonymity, the University will make a reasonable effort to honor the request during the allegation assessment or inquiry within applicable policies and regulations and state and local laws, if any. The complainant will be advised that if the matter is referred to an investigation committee and the complainant's testimony is required, anonymity may no longer be guaranteed. The University is required to undertake diligent efforts to protect the positions and reputations of those persons who, in good faith, make allegations.7

C. Protecting the Respondent
Inquiries and investigations will be conducted in a manner that will ensure fair treatment to the respondent(s) in the inquiry or investigation and confidentiality to the extent possible without compromising public health and safety or thoroughly carrying out the inquiry or investigation.8

University employees accused of scientific misconduct may consult with an advisor (who is not a principal or witness in the case) to seek advice and may bring the adviser to interviews or meetings on the case. However, the adviser may only consult with the respondent. Advisors may not address the committee, ask questions of the committee, or participate in the interview.

D. Cooperation with Inquiries and Investigations
University employees and those working on PHS grants will cooperate with the Research Integrity Officer and other institutional officials in the review of allegations and the conduct of inquiries and investigations. Employees have an obligation to provide relevant evidence to the Research Integrity Officer or other University officials on misconduct allegations.
E. Preliminary Assessment of Allegations
Upon receiving an allegation of scientific misconduct, the Research Integrity Officer will assess the allegation to determine whether there is sufficient evidence to warrant an inquiry, whether PHS support or PHS applications for funding are involved, and whether the allegation falls under the PHS definition of scientific misconduct.

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V. Conducting the Inquiry

A. Initiation and Purpose of the Inquiry
Following the preliminary assessment, if the Research Integrity Officer determines that the allegation provides sufficient information to allow specific follow-up and falls under the PHS definition of scientific misconduct, he or she will initiate the inquiry process whether it involves PHS support or not. In initiating the inquiry, the Research Integrity Officer should identify clearly the original allegation and any related issues that should be evaluated. The purpose of the inquiry is to make a preliminary evaluation of the available evidence and testimony of the respondent, complainant, and key witnesses to determine whether there is sufficient evidence of possible scientific misconduct to warrant an investigation. The purpose of the inquiry is not to reach a final conclusion about whether misconduct definitely occurred or who was responsible. The findings of the inquiry will be set forth in an inquiry report.
B. Sequestration of the Research Records
After determining that an allegation falls within the definition of misconduct in science, the Research Integrity Officer must ensure that all original research records and materials relevant to the allegation are secured. The Research Integrity Officer may consult with ORI for advice and assistance in this regard.
C. Appointment of the Inquiry Committee
The Research Integrity Officer, in consultation with other University officials as appropriate, will appoint an inquiry committee and committee chair. The inquiry committee should consist of individuals who do not have real or apparent conflicts of interest in the case, are unbiased, and have the necessary expertise to evaluate the evidence and issues related to the allegation, interview the principals and key witnesses, and conduct the inquiry. These individuals may be scientists, subject matter experts, administrators, lawyers, or other qualified persons, and they may be from inside or outside the University.

The Research Integrity Officer will notify the respondent of the proposed committee membership. If the respondent submits a written objection to any appointed member of the inquiry committee or expert based on bias or conflict of interest within 5 days, the Research Integrity Officer will determine whether to replace the challenged member or expert with a qualified substitute.

D. Charge to the Committee and the First Meeting
The Research Integrity Officer will prepare a charge for the inquiry committee that describes the allegations and any related issues identified during the allegation assessment and states that the purpose of the inquiry is to make a preliminary evaluation of the evidence and testimony of the respondent, complainant, and key witnesses to determine whether there is sufficient evidence of possible scientific misconduct to warrant an investigation as required by the PHS regulation. The purpose is not to determine whether scientific misconduct definitely occurred or who was responsible.

At the committee's first meeting, the Research Integrity Officer will review the charge with the committee, discuss the allegations, any related issues, and the appropriate procedures for conducting the inquiry, assist the committee with organizing plans for the inquiry, and answer any questions raised by the committee. The Research Integrity Officer and the University Attorney's office will be available throughout the inquiry to advise the committee as needed.

E. Inquiry Process
The inquiry committee will normally interview the complainant, the respondent and key witnesses as well as relevant research records and materials. Then the inquiry committee will evaluate the evidence and testimony obtained during the inquiry. After consultation with the Research Integrity Officer and the University Attorney's office, the committee members will decide whether there is sufficient evidence of possible scientific misconduct to recommend further investigation. The scope of the inquiry does not include deciding whether misconduct occurred or conducting exhaustive interviews and analyses.

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VI. The Inquiry Report

A. Elements of the Inquiry Report
A written inquiry report will be prepared. The report ordinarily will include the name and title of the committee members and experts, if any; the allegations; the PHS support; a summary of the inquiry process used; a list of the research records and evidence reviewed; summaries of any interviews; and the committee's determination as to whether an investigation is recommended and whether any other actions should be taken if an investigation is not recommended. The University Attorney's office will review the report for legal sufficiency.
B. Comments on the Report by the Respondent and the Complainant
The Research Integrity Officer will provide the respondent with a copy of the inquiry report for comment and rebuttal. The Research Integrity Officer may provide the complainant, if he or she is identifiable, with a summary of the inquiry findings that addresses the complainant's role and opinions in the investigation.
  1. Confidentiality - The Research Integrity Officer may establish reasonable conditions for review to protect the confidentiality of the report.
  2. Receipt of Comments - Within 14 calendar days of receipt of the report or summary, the respondent (and complainant, if applicable) will provide their comments, if any, to the inquiry committee. Any comments that the complainant or respondent submits on the report may become part of the final inquiry report and record. Based on the comments, the inquiry committee may revise the report9 as appropriate.
C. Inquiry Decision and Notification
  1. Decision by Deciding Official - The Research Integrity Officer will transmit the final report and any comments to the Deciding Official, who will make the determination of whether findings from the inquiry provide sufficient evidence of possible scientific misconduct to justify conducting an investigation. The inquiry is completed when the Deciding Official makes this determination. The determination is ordinarily made within 60 days of the first meeting of the inquiry committee, unless circumstances warrant a longer period. The reasons for exceeding the 60-day period shall be documented in the inquiry record.
  2. Notification - The Research Integrity Officer will ordinarily notify both the respondent and the complainant in writing of the Deciding Official's decision of whether to proceed to an investigation and will remind them of their obligation to cooperate in the event an investigation is opened. The Research Integrity Officer will also notify all appropriate University officials of the Deciding Official's decision.
D. Time Limit for Completing the Inquiry Report
The inquiry committee will normally complete the inquiry and submit its report in writing to the Research Integrity Officer no more than 60 calendar days following its first meeting,10 unless the Research Integrity Officer approves an extension because circumstances warrant a longer period. If the Research Integrity Officer approves an extension, the reason for the extension will be entered into the records.11 The respondent also may be notified of the extension.

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VII. Conducting the Investigation

A. Purpose of the Investigation
The purpose of the investigation is to explore in detail the allegations, to examine the evidence in depth, and to determine specifically whether misconduct has been committed, by whom, and to what extent. The investigation will also determine whether there are additional instances of possible misconduct that would justify broadening the scope beyond the initial allegations. This is particularly important where the alleged misconduct involves clinical trials or potential harm to human subjects or the general public or if it affects research that forms the basis for public policy, clinical practice, or public health practice. The findings of the investigation will be set forth in an investigation report.
B. Sequestration of the Research Records
The Research Integrity Officer will immediately sequester any additional pertinent research records that were not previously sequestered during the inquiry. This sequestration should occur before or at the time the respondent is notified that an investigation has begun. The need for additional sequestration of records may occur for any number of reasons, including the University's decision to investigate additional allegations not considered during the inquiry stage or the identification of records during the inquiry process that had not been previously secured. The procedures to be followed for sequestration during the investigation are the same procedures that apply during the inquiry.
C. Appointment of the Investigation Committee
The Research Integrity Officer, in consultation with other University officials as appropriate, will appoint an investigation committee and the committee chair as practicable after the respondent has been notified that an investigation is planned. The investigation committee should consist of at least three individuals who do not have real or apparent conflicts of interest in the case, are unbiased, and have the necessary expertise to evaluate the evidence and issues related to the allegations, interview the principals and key witnesses, and conduct the investigation.12 These individuals may be scientists, administrators, subject matter experts, lawyers, or other qualified persons, and they may be from inside or outside the University. Individuals appointed to the investigation committee may also have served on the inquiry committee.

The Research Integrity Officer will notify the respondent of the proposed committee membership. If the respondent submits a written objection to any appointed member of the investigation committee or expert, the Research Integrity Officer will determine whether to replace the challenged member or expert with a qualified substitute.

D. Charge to the Committee and the First Meeting
  1. Charge to the Committee - The Research Integrity Officer will define the subject matter of the investigation in a written charge to the committee that describes the allegations and related issues identified during the inquiry, defines scientific misconduct, and identifies the name of the respondent. The charge will state that the committee is to evaluate the evidence and testimony of the respondent, complainant, and key witnesses to determine whether, based on a preponderance of the evidence, scientific misconduct occurred and, if so, to what extent, who was responsible, and its seriousness.

    During the investigation, if additional information becomes available that substantially changes the subject matter of the investigation or would suggest additional respondents, the committee will notify the Research Integrity Officer, who will determine whether it is necessary to notify the respondent of the new subject matter or to provide notice to additional respondents.

  2. The First Meeting - The Research Integrity Officer, with the University Attorney's office, will convene the first meeting of the investigation committee to review the charge, the inquiry report, and the prescribed procedures and standards for the conduct of the investigation, including the necessity for confidentiality and for developing a specific investigation plan. The investigation committee will be provided with a copy of these instructions and, where PHS funding is involved, the PHS regulation.
E. Investigation Process
The investigation committee will be appointed and the process initiated within 30 days of the completion of the inquiry, if findings from that inquiry provide a sufficient basis for conducting an investigation.13

The investigation will normally involve examination of all documentation including, but not necessarily limited to, relevant research records, computer files, proposals, manuscripts, publications, correspondence, memoranda, and notes of telephone calls.14 Whenever possible, the committee should interview the complainant(s), the respondents(s), and other individuals who might have information regarding aspects of the allegations.15 Summaries or transcripts of the interviews should be prepared, provided to the interviewed party for comment or revision, and included as part of the investigatory file.16

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VIII. The Investigation Report

A. Elements of the Investigation Report
The final report submitted to ORI must describe the policies and procedures under which the investigation was conducted, describe how and from whom information relevant to the investigation was obtained, state the findings, and explain the basis for the findings. The report will include the actual text or an accurate summary of the views of any individual( s) found to have engaged in misconduct as well as a description of any sanctions imposed and administrative actions taken by the institution.17
B. Comments on the Draft Report
  1. Respondent - The Research Integrity Officer will provide the respondent with a copy of the draft investigation report for comment and rebuttal. The respondent will be allowed 10 days to review and comment on the draft report. The respondent's comments will be attached to the final report. The findings of the final report may take into account the respondent's comments in addition to all the other evidence.
  2. Complainant - The Research Integrity Officer will provide the complainant, if he or she is identifiable, with those portions of the draft investigation report that address the complainant's role and opinions in the investigation. The report may be modified, as appropriate, based on the complainant's comments.
  3. Review by University Attorney's Office - The draft investigation report will be transmitted to the University Attorney's office for a review of its legal sufficiency. Comments should be incorporated into the report as appropriate.
  4. Confidentiality - In distributing the draft report, or portions thereof, to the respondent and complainant, the Research Integrity Officer will inform the recipient of the confidentiality under which the draft report is made available and may establish reasonable conditions to ensure such confidentiality. For example, the Research Integrity Officer may request the recipient to sign a confidentiality statement or to come to his or her office to review the report.
C. University Review and Decision
Based on a preponderance of the evidence, the Deciding Official will make the final determination whether to accept the investigation report, its findings, and the recommended University actions. If this determination varies from that of the investigation committee, the Deciding Official will explain in detail the basis for rendering a decision different from that of the investigation committee in the institution's letter transmitting the report to ORI. The Deciding Official's explanation should be consistent with the PHS definition of scientific misconduct, the University's policies and procedures, and the evidence reviewed and analyzed by the investigation committee. The Deciding Official may also return the report to the investigation committee with a request for further fact-finding or analysis. The Deciding Official's determination, together with the investigation committee's report, constitutes the final investigation report for purposes of ORI review.

When a final decision on the case has been reached, the Research Integrity Officer will notify both the respondent and the complainant in writing of the decision. In addition, the Deciding Official will determine whether law enforcement agencies, professional societies, professional licensing boards, editors of journals in which falsified reports may have been published, collaborators of the respondent in the work, or other relevant parties should be notified of the outcome of the case. The Research Integrity Officer is responsible for ensuring compliance with all notification requirements of funding or sponsoring agencies.

D. Transmittal of the Final Investigation Report
After comments have been received and the necessary changes have been made to the draft report, the investigation committee should transmit the final report with attachments, including the respondent's and complainant's comments, to the Deciding Official, through the Research Integrity Officer.
E. Time Limit for Completing the Investigation Report
An investigation should ordinarily be completed within 120 days of its initiation,18 with the initiation ordinarily beginning with the first meeting of the investigation committee. This includes conducting the investigation, preparing the report of findings, making the draft report available to the subject of the investigation for comment, submitting the report to the Deciding Official for approval, and submitting the report to the ORI.19 If the University will not be able to complete the investigation in 120 days, it will submit to ORI a written request for an extension and an explanation for the need for an extension. (See IX.C)

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IX. Requirements for Reporting to ORI

A.
The University's decision to initiate an investigation will be reported in writing to the Director, ORI, on or before the date the investigation begins. (Only actions involving respondents who receive funding from PHS will be reported to ORI.)20 At a minimum, the notification should include the name of the person(s) against whom the allegations have been made, the general nature of the allegation as it relates to the PHS definition of scientific misconduct, and the PHS applications or grant number(s) involved.21 ORI must also be notified of the final outcome of the investigation and must be provided with a copy of the investigation report.22 Any significant variations from the provisions of the University policies and procedures should be explained in any reports submitted to ORI.
B.
If the University plans to terminate an inquiry or investigation for any reason without completing all relevant requirements of the PHS regulation, the Research Integrity Officer will submit a report of the planned termination to ORI, including a description of the reasons for the proposed termination.23
C.
If the University determines that it will not be able to complete the investigation in 120 days, the Research Integrity Officer will submit to ORI a written request for an extension that explains the delay, reports on the progress to date, estimates the date of completion of the report, and describes other necessary steps to be taken. If the request is granted, the Research Integrity Officer will file periodic progress reports as requested by the ORI.24
D.
When the case involves PHS funds, the University cannot accept an admission of scientific misconduct as a basis for closing a case or not undertaking an investigation without prior approval from ORI.25
E.
The Research Integrity Officer will notify ORI at any stage of the inquiry or investigation if:
  1. there is an immediate health hazard involved;26
  2. there is an immediate need to protect Federal funds or equipment;27
  3. there is an immediate need to protect the interests of the person(s) making the allegations or of the individual(s) who is the subject of the allegations as well as his/her co-investigators and associates, if any,28
  4. it is probable that the alleged incident is going to be reported publicly; or29
  5. the allegation involves a public health sensitive issue, e.g., a clinical trial; or
  6. there is a reasonable indication of possible criminal violation. In this instance, the institution must inform ORI within 24 hours of obtaining that information.30

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X. Institutional Administrative Actions

Case Western Reserve University will take appropriate administrative actions against individuals when an allegation of misconduct has been substantiated.31

If the Deciding Official determines that the alleged misconduct is substantiated by the findings, he or she will decide on the appropriate actions to be taken, after consultation with the Research Integrity Officer. The actions may include:

  • withdrawal or correction of all pending or published abstracts and papers emanating from the research where scientific misconduct was found.
  • removal of the responsible person from the particular project, letter of reprimand, special monitoring of future work, probation, suspension, salary reduction, or initiation of steps leading to possible rank reduction or termination of employment;
  • restitution of funds as appropriate.

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XI. Other Considerations

A. Termination of University Employment or Resignation Prior to Completing Inquiry or Investigation
The termination of the respondent's employment with the University, by resignation or otherwise, before or after an allegation of possible scientific misconduct has been reported, ordinarily will not preclude or terminate the misconduct procedures.

If the respondent, without admitting to the misconduct, elects to resign his or her position prior to the initiation of an inquiry, but after an allegation has been reported, or during an inquiry or investigation, the inquiry or investigation ordinarily will proceed. If the respondent refuses to participate in the process after resignation, the committee will use its best efforts to reach a conclusion concerning the allegations, noting in its report the respondent's failure to cooperate and its effect on the committee's review of all the evidence.

B. Restoration of the Respondent's Reputation
If the University finds no misconduct or that the allegation of misconduct cannot be substantiated and ORI concurs, after consulting with the respondent, the Research Integrity Officer will undertake reasonable efforts to restore the respondent's reputation. Depending on the particular circumstances, the Research Integrity Officer should consider notifying those individuals aware of or involved in the investigation of the final outcome, publicizing the final outcome in forums in which the allegation of scientific misconduct was previously publicized, or expunging all reference to the scientific misconduct allegation from the respondent's personnel file.
C. Protection of the Complainant and Others32
Regardless of whether the University or ORI determines that scientific misconduct occurred, the Research Integrity Officer will undertake reasonable efforts to protect complainants who made allegations of scientific misconduct in good faith and others who cooperate in good faith with inquiries and investigations of such allegations. Upon completion of an investigation, the Research Integrity Officer will determine, after consulting with the complainant, what steps, if any, are needed to protect or restore the position or reputation of the complainant. The Research Integrity Officer will also take appropriate steps during the inquiry and investigation to prevent any retaliation against the complainant.
D. Allegations Not Made in Good Faith
If relevant, the Research Integrity Officer will determine whether the complainant's allegations of scientific misconduct were made in good faith. If an allegation was not made in good faith, the Research Integrity Officer will determine whether any administrative action should be taken against the complainant.
E. Interim Administrative Actions
University officials will take interim administrative actions, as appropriate, to protect Federal funds and ensure that the purposes of the Federal financial assistance are carried out.33

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XII. Record Retention

After completion of a case and all ensuing related actions, the Research Integrity Officer will prepare a complete file, including the records of any inquiry or investigation and copies of all documents and other materials furnished to the Research Integrity Officer or committees. The Research Integrity Officer will keep the file for at least three years after completion of the case to permit later assessment of the case. ORI or other authorized DHHS personnel will be given access to the records upon request.34

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Footnotes

  • 142 C. F. R. β 50.102.
  • 242 C. F. R. β 50.102.
  • 342 C. F. R. β 50.102.
  • 442 C. F. R. β 50.103( d)( 12).
  • 542 C. F. R. β 50.103( d)( 13).
  • 642 C. F. R. β 50.103( d)( 2).
  • 742 C. F. R. β 50.103( d)( 13).
  • 842 C. F. R. β 50.103( d)( 3).
  • 942 C. F. R. β 50.103( d)( 1).
  • 1042 C. F. R. β 50.103( d)( 1).
  • 1142 C. F. R. β 50.103( d)( 1).
  • 1242 C. F. R. β 50.103( d)( 8).
  • 1342 C. F. R. β 50.103( d)( 7).
  • 1442 C. F. R. β 50.103( d)( 7).
  • 1542 C. F. R. β 50.103( d)( 7).
  • 1642 C. F. R. β 50.103( d)( 7).
  • 1742 C. F. R. β 50.104( a)( 4); 42 C. F. R. β 50.103( d)( 15).
  • 1842 C. F. R. β 50.104( a)( 2).
  • 1942 C. F. R. β 50.104( a)( 2).
  • 2042 C. F. R. β 50.104( a)( 1).
  • 2142 C. F. R. β 50.104( a)( 1).
  • 2242 C. F. R. β 50.103( d)( 15).
  • 2342 C. F. R. β 50.104( a)( 3).
  • 2442 C. F. R. β 50.104( a)( 5).
  • 25 42 C. F. R. β 50.104( a)( 3).
  • 2642 C. F. R. β 50.104( b)( 1).
  • 2742 C. F. R. β 50.104( b)( 2).
  • 28 42 C. F. R. β 50.104( b)( 3).
  • 29 42 C. F. R. β 50.104( b)( 4).
  • 3042 C. F. R. β 50.104( b)( 5).
  • 3142 C. F. R. β 50.103( d)( 14).
  • 3242 C. F. R. β 50.103( d)( 14).
  • 3342 C. F. R. β 50.103( d)( 11).
  • 3442 C. F. R. β 50.103( d)(10).
Cite this page: "Case Western Reserve University's Policy for Responding to Allegations of Scientific Misconduct" Online Ethics Center for Engineering 2/16/2006 National Academy of Engineering Accessed: Thursday, February 09, 2012 <www.onlineethics.org/Topics/RespResearch/ResEssays/5664/prasm.aspx>