Research Integrity: Difference between revisions

**'''Purpose'''. The purpose of the investigation is to examine the allegations and evidence in detail and 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.             

**'''Appointment of Investigation Committee'''. The Research Integrity Officer, in consultation with other UNMC officials as appropriate, will appoint an investigation committee and the committee chair within ten (10) days of the notification to the respondent that an investigation is planned or as soon thereafter as practicable. The investigation committee should consist of at least three individuals who do not have real or apparent conflicts of interest in the case, who are unbiased, and who have the necessary expertise to evaluate the evidence and issues related to the allegations, interview the principals and key witnesses, and conduct the investigation. Individuals appointed to the investigation committee may have also participated in the inquiry.               

**'''Investigation Committee Proceedings'''. 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 research 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, whistleblower, and key witnesses to determine whether, based on a preponderance of the evidence, research misconduct occurred and, if so, to what extent, who was responsible, and its seriousness. The committee will review procedures and standards for conduct of the investigation, including this policy and applicable federal regulations. The committee will be instructed to develop a specific investigation plan, including the necessity for maintaining confidentiality.

::The investigation committee may interview individuals to gather facts. Interviews should be tape recorded, transcribed, and summarized. 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 files. The respondent may be accompanied by legal counsel of his or her own choosing during an interview. Legal counsel may advise the respondent, but may not question witnesses or otherwise take part in the proceedings.           

**'''Investigation Report'''. Upon completion of the investigation, the Research Integrity Officer or designee shall prepare a written report describing the policies and procedures under which the investigation was conducted, how and from whom information relevant to the investigation was obtained, the findings, and 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 UNMC.                     

***Respondent's Comments. The Research Integrity Officer will provide the respondent with a copy of the draft investigation report for comment and rebuttal. The respondent will be given ten (10) business days to review and comment on the draft report. The respondent's comments will be attached to the final report.

***Whistleblower's Comments. The Research Integrity Officer will provide the whistleblower, if s/he is identifiable, with those portions of the draft investigation report that address the whistleblower's role and opinions in the investigation. The whistleblower will be given ten (10) business days to review and comment on the report. The report may be modified based on the whistleblower's comments.

***Legal Counsel. The draft investigation report will be transmitted to the University of Nebraska Office of the General Counsel for a review of its legal sufficiency.

***Confidentiality. The Research Integrity Officer will inform each recipient of the confidentiality under which the draft report is made available and may establish reasonable conditions to ensure such confidentiality, such as requesting that the recipient sign a confidentiality statement, or coming to his/her office to review the report.                 

**'''Deciding Official's Review and Final Determination'''. Within fifteen (15) calendar days of receiving the investigation report, the Deciding Official will make a final determination whether to accept the final report and the recommended actions (with or without further modifications), or reject the recommendations and instruct the investigation committee to conduct further fact finding. If the Deciding Official's determination varies from that of the investigation committee, the Deciding Official will explain in detail the basis for rendering a different decision in a transmittal letter accompanying the final report to the Federal funding agency (including ORI).       

Corrective action for research misconduct shall be based on the seriousness of the misconduct, including but not limited to, the degree to which the misconduct: a) was intentional, knowing or reckless; b) was an isolated event or part of a pattern; and c) had significant impact on the research record, research subjects, other researchers, institutions, or the public welfare. The range of corrective actions includes, but is not limited to, withdrawal or correction of all pending or published abstracts and papers emanating from the research where misconduct was found; removal of the responsible person from the particular project, special monitoring of future work, restitution of funds as appropriate, suspension or termination of an active award, termination, expulsion, suspension, leave without pay, and/or letters of reprimand. If the corrective action results in termination or other adverse change in an employee's terms and conditions of employment, the respondent may appeal the decision through the appropriate procedures contained in the Faculty Handbook or UNMC policy for non-faculty members. Students have appeal rights as outlined in the Student or Graduate Student Handbooks.<br \><br \>

In the case of civil or criminal fraud violations, the Deciding Official shall ensure that the matter is promptly reported to the Department of Justice, the Inspector General for the funding agency, or other appropriate body.   

**Decision to initiate a research misconduct investigation on or before the date the investigation begins;         

**Transmission of the final investigation report;       

**Decision to terminate an inquiry or investigation for any reason without completing all regulatory requirements;       

**Request for extension in the event that UNMC will not be able to complete the investigation within 120 days;         

**Notification at any stage of the inquiry or investigation if:                     

***there is an immediate health hazard involved;

***there is an immediate need to protect Federal funds or equipment;

***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;

***it is probable that the alleged incident is going to be reported publicly;

***the allegation involves a public health sensitive issue, e.g., a clinical trial; or

***there is a reasonable indication of possible criminal violation. In this case, the funding agency, including ORI, must be informed within 24 hours of UNMC obtaining that information.             

**'''Respondent Resignation/Withdrawal'''. If the respondent terminates UNMC employment, resigns, or withdraws from school (in the case of a student) prior to completion of the inquiry or investigation, the inquiry or investigation will proceed. If the respondent refuses to participate in the proceedings, the investigation 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.       

**'''Restoration of Respondent's Reputation'''. If UNMC finds no misconduct, and the funding agency concurs, the Research Integrity Officer will undertake reasonable efforts to restore the respondent's reputation after consulting with the respondent and receiving approval from the Deciding Official.         

**'''Allegations Not Made in Good Faith'''. If relevant, the Deciding Official will determine whether the whistleblower's allegations of research misconduct were made in good faith. If an allegation was not made in good faith, the Deciding Official will determine if any administrative action should be taken against the whistleblower.         

**'''Interim Administrative Actions'''. UNMC officials shall take interim administrative actions, as appropriate, to protect Federal funds and ensure that the purposes of the Federal financial assistance are carried out.