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V.
ALLEGATION OF MISCONDUCT
A. |
Reporting
Allegations
Initial allegations may be reported, in
writing, to any faculty member or administrator.
All such allegations must then be reported
to the Vice President for Research or
a designee. The term “the Vice President
for Research” in the balance of
this document shall mean “the Vice
President for Research (VPR) or a designee.”
Generally, the designee will be the Research
Integrity Officer if that individual is
not the VPR. The VPR will determine whether
the allegations concern research, scholarship,
or creative activity which is either being
presently funded with federal or state
funds or has been used in a grant proposal
to a federal or state agency. The VPR
will determine, in consultation with others
if necessary, whether the person alleged
to have committed scientific misconduct
has external support that is reportable
to the Office of Research Integrity (ORI).
If the allegations concern research, scholarship,
or creative activity with actual or potential
federal or state funding, the procedures
outlined in 5.6.V-VIII will be followed.
If the allegations do not involve actual
or potential federal or state funding,
the procedures outlined in section 5.6.IX-XII
of this Policy will be followed.
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B.
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Pre-Inquiry
Review by the Vice President for Research
(federal or state funding)
The VPR shall review, during
the pre-inquiry stage, any allegation
of misconduct in research, scholarship
and creative activity and then determine
whether: |
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1. |
the
allegation is within the purview of this
Policy; |
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2. |
other policies and procedures, such as
those relevant to employment grievances,
should be invoked; |
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3. |
the
allegation is outside the purview of the
University; |
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4. |
the
allegation is clearly without substance; |
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If
the VPR has a possible conflict of interest,
the allegations will be referred to the
VPAA of the University. If an Inquiry
is determined to be unwarranted, the VPR
shall prepare an internal memorandum-for-file
including a statement of the allegation
and the rationale for not conducting an
inquiry. This memorandum shall be kept
secure and destroyed, pursuant to the
University’s records retention policy,
six years after completion of the matter.
A copy shall be given to the Respondent. |
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If
an Inquiry is determined to be warranted,
the VPR will counsel the individual(s)
bringing the allegation as to the policies
and procedures to be used. If the reporting
individual chooses not to make a formal
allegation but the VPR believes that enough
information exists to warrant an inquiry,
the Inquiry process will be initiated.
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| C. |
Notification
of Respondent (federal or state funding)
In the event the VPR determines that the
allegation has been reviewed according
to these policies and procedures, the
VPR, within 20 working days of receipt
of an allegation, shall: |
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1. complete the pre-inquiry review;
2. notify (Memo
#1) the Respondent and the appropriate
Dean(s) of the allegation;
3.
notify all parties of the procedures that
will be used to examine the allegation;
and
4.
notify all parties of the proposed individual
responsible for the Inquiry (Inquirer)
review [VI.B.1], and ask all parties to
identify any real or potential conflict
of interest between the proposed Inquirer
and the parties involved in the allegation.
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