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Policy Statement
The University expects academic integrity from its Researchers at all times and in all circumstances. Researchers may not engage in actions that constitute research misconduct in research or other scholarly activity.
Researchers must adhere to Board of Regents Policy: Academic Misconduct and must cooperate with the assessment and review of any allegation. This policy governs all individuals identified as “Researchers” involved in research at the University of Minnesota (see definition of “researcher”).
If an allegation of research misconduct is made, the Research Integrity Officer (RIO) will follow the procedures as outlined in the Administrative Procedure: Research Misconduct Review.
Retaliation
The University prohibits retaliation against persons who in good faith report suspected misconduct, including research misconduct. More information on retaliation, reporting retaliation concerns, and the consequences of filing intentionally false reports, is found in Administrative Policy: Retaliation.
Students
Scholastic dishonesty by a student is a violation of the Board of Regents Policy: Student Conduct Code and is regulated by that policy and related administrative policies and procedures. As required by federal regulations, in cases where a student is accused of research misconduct while working on federally sponsored University research or acting as an agent of the University to perform University research, the question of whether research misconduct occurred will be determined according to this policy and related administrative policies and procedures.
Conflicts of Interest
The University will respond to each allegation of research misconduct in a thorough, competent, objective, and fair manner, including taking precautions to ensure that individuals responsible for carrying out any part of the research misconduct proceeding do not have unresolved personal, professional, or financial conflicts of interest with the complainant, respondent, or witnesses. For more information about the conflict of interest review of panel members, see Administrative Procedure: Research Misconduct Review.
Notification and Reporting Requirements
Many sponsors have published requirements and regulations regarding the inquiry and investigation of allegations of research misconduct involving activities they are considering for funding or have been funded. These regulations contain requirements to report to these sponsors under certain conditions and at specified stages in the process. The Institutional Deciding Official (IDO) and/or the Research Integrity Officer (RIO) for the University is responsible for the preparation and submission of any required notifications or reports. In addition, for Public Health Service (PHS) proposals and awards, the University Institutional Certifying Official will work with the Office of Research Integrity (ORI) to assure compliance on an annual basis.
The University may immediately notify a funding or oversight agency if it has reason to believe that there is/are:
- a risk to public health or safety, including an immediate need to protect human participants or animal subjects;
- a threat to federal resources or interests; are research activities that should be suspended;
- a reasonable indication of possible violations of civil or criminal law;
- federal actions that are required to protect the interests of those involved in the research misconduct proceedings; or
- a federal agency that may need to take appropriate steps to safeguard evidence and protect the rights of those involved.
Interim Administrative Action
As provided by federal regulations (42 CFR, part 50, subpart A and 45 CFR, part 689), at any stage in the process of inquiry, investigation, formal finding, and disposition, the University may take interim administrative action to protect federal funds.
The University may take interim administrative actions to protect the health and safety of research participants and patients, as well as the interests of students and colleagues. The University may also take interim administrative action to protect federal funds. Such actions may range from slight restrictions to reassignment of the activities of the respondent. In extreme circumstances, the respondent may be suspended temporarily. Any actions will be in accordance with the procedures specified in Board of Regents Policy: Faculty Tenure, the contract between the Regents and unionized groups, any other labor agreements, or other applicable employee policies. Interim administrative actions will be taken in full awareness of how they might affect the respondent and the ongoing research projects of the University.
Confidentiality
Disclosure of the identity of respondents, complainants, and witnesses while conducting the research misconduct proceedings is limited, to the extent possible, to those who need to know, as determined by the University, consistent with a thorough, competent, objective, and fair research misconduct proceeding, and as allowed by law. Those who need to know may include institutional review boards, journals, editors, publishers, co-authors, and collaborating institutions. The University, however, must disclose the identity of respondents, complainants, or other relevant persons to ORI pursuant to an ORI review of research misconduct proceedings under this part.
The University must comply at all times with the Minnesota Government Data Practices Act. This may mean that information that may be permitted to be disclosed under federal regulation is not able to be disclosed due to restrictions under the MGDPA.
Time Limitations
This policy applies only to research misconduct occurring within six years of the date the allegations are received by the University or an applicable agency.
Exceptions to the six-year limit:
- Subsequent Use Exception: The exception to the six-year time limitation occurs when the respondent continues or renews any incident of alleged research misconduct that occurred before the six-year limitation through the use of, republication of, or citation to the portion(s) of the research record ( e.g., processed data, journal articles, funding proposals, data repositories) alleged to have been fabricated, falsified, or plagiarized, for the potential benefit of the respondent. This exception also applies when the respondent uses, republishes, or cites to the portion(s) of the research record that is alleged to have been fabricated, falsified, or plagiarized, in submitted or published manuscripts, submitted PHS grant applications, progress reports submitted to PHS funding components, posters, presentations, or other research records within six years of when the allegations were received by Health and Human Services (HHS) or the University.
- Exception for the health or safety of the public: If ORI or the University, following consultation with ORI, determines that the alleged research misconduct, if it occurred, would possibly have a substantial adverse effect on the health or safety of the public, this exception applies.
Sequestration of Research Records and Potential Evidence
The Research Integrity and Compliance (RIC) Program must promptly take all reasonable and practical steps to obtain all research records and other evidence, which may include copies of the data or other evidence so long as those copies are substantially equivalent in evidentiary value, needed to conduct the research misconduct proceeding; inventory the research records and other evidence; and sequester them in a secure manner.
Where the research records or other evidence are located on or encompass scientific instruments shared by multiple users, the University may obtain copies of the data or other evidence from such instruments, so long as those copies are substantially equivalent in evidentiary value to the instruments. Whenever possible, the University must obtain research records or other evidence:
- Before or at the time the RIO notifies the respondent of the allegation(s); and
- Whenever additional items become known or relevant to the inquiry or investigation.
A detailed protocol can be found in the Appendix: Protocol for Handling Physical Evidence in Research Misconduct Cases.
Institutional Record
The University will maintain an institutional record of all assessments, inquiries, and investigations conducted for a period of seven years after completion of the proceeding or the completion of ORI/HHS proceeding. These records include, but are not limited to:
- The records that the University compiled or generated during the research misconduct proceeding, except records the University did not consider or rely on. These records include, but are not limited to:
- Documentation of the assessment with record of why the determination was made to close or move to an inquiry;
- All inquiry reports with all records considered or relied on during the inquiry, including but not limited to research records, transcripts of any transcribed interviews, and information the respondent provided to the University.
- All investigation reports with all records considered or relied on during the investigation, including without limitation, research records, transcripts of interviews, and information the respondent provided to the University.
- Decisions made by the Institutional Deciding Official (the Vice President for Research and Innovation).
- The complete record of any institutional appeal.
- A single index listing of all research records and evidence compiled by the University during the research misconduct proceeding, except the records that were not considered or relied on for all stages of review.
- A general description of records sequestered but were not considered or relied on for any stage of review.
This record is required for all proceedings pursuant to 42 CFR 93, PHS Policies on Research Misconduct.
Multiple Institutions
In the event allegations involve research that was conducted at the University and other institutions, one institution is to be designated the lead in accordance with federal regulations. When allegations involve research conducted at the University and at other institutions, one institution must be designated as the lead institution if a joint research misconduct proceeding is conducted. If another institution is designated as the lead institution, the University will cooperate with providing materials pursuant to the case to the lead institution to the extent permissible by law. In a joint research misconduct proceeding, the lead institution should obtain research records and other evidence pertinent to the proceeding, including witness testimony, from the other relevant institutions. By mutual agreement, the joint research misconduct proceeding may include committee members from the institutions involved. The determination of whether further inquiry and/or investigation is warranted, whether research misconduct occurred, and the institutional actions to be taken may be made by the institutions jointly or tasked to the lead institution.
Detrimental Research Practices
In the course of a research misconduct review, it may become evident that the allegation is a detrimental research practice, rather than research misconduct, or that the respondent engaged in detrimental research practices in addition to research misconduct.
The RIO may, at any point in the review process, determine that the respondent engaged in a detrimental research practice. This may mean that the RIO will close out the research misconduct review. The RIO may recommend corrective actions, disciplinary actions, or refer the matter to be further reviewed under Administrative Policy: For-Cause Investigations Related to Research Compliance Concerns.
Other Research Integrity Issues
During the course of a research misconduct review, other issues of research integrity may arise. The RIO may address these issues or refer to the appropriate University authority.
Reason for Policy
To implement Board of Regents Policy: Academic Misconduct and to comply with federal regulations on research misconduct.
Administrative Policy