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VIII.
DISPOSITION PHASE (federal or state funding)
| A. |
If
No Academic Misconduct is Found (federal
or state funding)
Within 10 working days of receipt
of the CoI report, the VPR shall furnish
the report to the Respondent with the
VPR’s decision, including sanctions,
if appropriate. The VPR shall inform the
Respondent, Complainant, and the appropriate
Dean that allegations of misconduct were
not supported. The VPR, through the Research
Integrity Officer, shall inform all federal
or state agencies, sponsors, or other
external entities initially informed of
the Investigation, that the allegations
of misconduct were not supported. If the
allegations are deemed to have been maliciously
motivated, the Committee will report those
findings to the VPR. If the allegations,
however incorrect, are deemed to have
been made in good faith, no additional
measures are indicated and efforts will
be made to prevent retaliatory actions.
In publicizing the findings of no misconduct,
the University will be guided by whether
public announcements will be harmful or
beneficial in restoring any reputation(s)
that may have been damaged. Usually, such
decision will rest with the Respondent.
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| B. |
If
Academic Misconduct is Found (federal or
state funding) |
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1. |
The
VPR shall consider the recommendations
of the CoI and shall be responsible for
determining and implementing any sanctions.
Within 10 working days of receipt of the
report from the CoI, the VPR shall notify
the Respondent and the President, in writing,
of the recommended sanctions, if any.
A copy of the report will accompany the
VPR’s decision. |
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2. |
The
University must impose sanctions that
are appropriate to the seriousness of
the misconduct, including, but not limited
to, one or more of the following: |
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a. |
Letter
of reprimand in file.
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b. |
Removal
from particular project. |
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c. |
Special
monitoring of future work. |
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d. |
Letter
of reprimand with public notice. |
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e. |
Probation
for a specified period with conditions.
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f. |
Suspension
of rights and responsibilities for a specified
period, with or without salary. |
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g. |
Financial
restitution. |
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h. |
Termination
of employment/enrollment. |
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3. |
If
the sanctions involve a recommendation for
termination of employment, the Respondent
may use University academic termination
procedures. |
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4. |
The
VPR, through the Research Integrity Officer,
is responsible for notification of all federal
or state agencies, sponsors or other entities
initially informed of the Investigation’s
outcome. Consideration should be given to
formal notification of: |
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a. |
Sponsoring
agencies, funding sources. |
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b. |
Co-authors,
co-investigators, collaborators, departments,
campus University publications. |
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c. |
Editors
of journals in which fraudulent research
was published. |
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d. |
State
professional licensing boards. |
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e. |
Editors
of journals or other publications, other
institutions, sponsoring agencies, and
funding sources with which the individual
has been affiliated. |
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f. |
Professional
societies. |
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5. |
Sanctions
that prevent the Respondent from fulfilling
his/her obligations as an employee of
the University shall not be imposed during
the Inquiry or Investigation phase unless
it is necessary to prevent harm to the
Respondent or to others. |
| C. |
Appeal
(federal or state funding)
Respondents may appeal the sanctions of
the CoI to the Standing Committee on Faculty
Rights (SCFR). |
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1. |
Under
section 605.3(9) of the State Board of
Higher Education(SBHE) Policies, the Respondent
may appeal to SCFR “[i]f the administration
determines that the conduct of a faculty
member . . . provides reasonable cause
for imposition of a sanction, the administration
shall inform the faculty member in writing
of the sanction and the reasons for the
sanction. . . . If the sanction is imposed
without a [SCFR] hearing . . .”,
the faculty member may request a SCFR
review by following the SBHE policy and
the University’s implementation,
both of which may be found in the University’s
Faculty Handbook. |
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2. |
If
initiated, the review of imposed sanctions
by SCFR concludes review under this Policy.
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3. |
If
the finding of misconduct results in termination,
Respondents may request a SCFR review of
the decision to terminate by following the
SBHE policy and the University’s implementation,
both of which may be found in the University’s
Faculty Handbook. |
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