Scientific Misconduct
Spelman
College aims to foster an environment that encourages integrity in all
research activities. Scientific integrity is required of all employees,
students, and persons within the College's control who engage in
scientific activities.
Scientific
Misconduct or Misconduct in Science means:
the
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;
or 2) retaliation of any kind against a person who has reported or
provided information about suspected or alleged misconduct and who has
not acted in bad faith.
Spelman
College will conduct an inquiry, and if necessary, a subsequent
investigation in every instance of alleged or apparent scientific
misconduct of any person paid by, under the control of, or affiliated
with the College, such as faculty, scientists, trainees, technicians
and other staff members, students, fellows, or guest researchers. The
policy and procedures will normally be followed when an allegation of
possible misconduct in science is received by a College official. If
particular circumstances dictate the need for variation from the normal
procedure, the Provost of the College must approve the change in
advance and ensure fair treatment of the subject of the inquiry or
investigation.
In cases
involving research, research-training or research-related grants,
subcontracts or cooperative agreements from or with federal agencies,
notification and reporting regulations of the particular agency will be
followed. In particular, the Public Health Service Regulation of 42 CFR
Part 50, Subpart A and the National Science Foundation Regulation in
GPM (NSF 95-26), Part 930 will be upheld.
RIGHTS
AND RESPONSIBILITIES
Research
Integrity Officer
The Provost
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 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 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 institutional personnel in complying with these
procedures and with applicable standards imposed by the College and
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 will report to ORI of DHHS, OIG of NSF, or other
government offices as required by regulation and keep the offices
apprised of any developments during the course of the inquiry or
investigation that may affect current or potential DHHS, NSF, or other
funding for the individual(s) under investigation or that PHS, NSF or
other agencies need to know to ensure appropriate use of Federal funds
and otherwise protect the public interest.
Complainant
The
complainant will have an opportunity to testify before 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 will 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.
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 the present evidence to the inquiry and investigation
committees, to review the draft inquiry and investigation reports, and
to have the advice of the counsel. The respondent is responsible for
maintaining confidentiality and cooperating with the conduct of an
inquiry or investigation. If the respondent is not found guilty of
scientific misconduct, he or she has the right to receive institutional
assistance in restoring his or her reputation.
Deciding
Official
The
President of the College will receive the inquiry and/or investigation
report and any written comments made by the respondent or the
complainant on the draft report. The President will consult with the
Research Integrity Officer and will determine whether to conduct an
investigation, whether misconduct occurred, whether to impose
sanctions, or whether to take other appropriate administrative actions.
GENERAL
POLICIES AND PRINCIPLES
Responsibility
to Report Misconduct
All
employees or individuals associated with Spelman College should report
observed, suspected, or apparent misconduct in science to the Provost.
If an individual is unsure whether a suspected incident falls within
the definition of scientific misconduct, he or she may call the Provost
to discuss the suspected misconduct informally. If the circumstances
described by the individual do not meet the definition of scientific
misconduct, the Provost will refer the individual or allegation to
other offices or officials with responsibility for resolving the
problem.
At any
time, an employee may have confidential discussions and consultations
about concerns of possible misconduct with the Provost and will be
counseled about appropriate procedures for reporting allegations.
Protecting
the Complainant
The
Research Inquiry Officer will monitor the treatment of individuals who
bring allegations of misconduct or of inadequate institutional response
thereto, and those who cooperate in inquiries and investigations. The
Research Integrity Officer will 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 should immediately report
any alleged or apparent retaliation to the Provost.
Also, the
College will protect the privacy of those who report misconduct in good
faith to the maximum extent possible. For example, if the complainant
requests anonymity, the College will make an effort to honor the
request during the allegations assessment or inquiry within applicable
policies and regulations and state and local laws, if any. The
complainant will be advised that if the matter if referred to an
investigation committee and the complainant's testimony is required,
anonymity may no longer be guaranteed. The College will undertake
diligent efforts to protect the positions and reputations of those
persons who, in good faith, make allegations.
Protecting
the Respondent
Inquiries
and investigations will be conducted in a manner that will ensure fair
treatment to the respondent(s) in an inquiry or investigation and
confidentiality to the extent possible without compromising public
health and safety or thoroughly carrying out the inquiry or
investigation.
Spelman
employees accused of scientific misconduct may consult with legal
counsel or non-lawyer personal adviser (who is not a principal witness
in the case) to seek advice and may bring the counsel or personal
adviser to interviews or meetings on the case.
Cooperation
Spelman
employees 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
institutional officials on misconduct allegations.
Preliminary
Assessment of Allegations
Upon
receiving an allegation of scientific misconduct, the Research
Integrity Officer will immediately assess the allegation to determine
whether there is sufficient evidence to warrant an inquiry, whether
PHS, NSF or other government agency support or applications for funding
are involved, and whether the allegation falls under the definition of
scientific misconduct.
Policy No. 780 Effective Date: 9/1/2000
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