VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #R003

 The written findings by the three-person panel will describe any pending or completed administrative actions against the respondent.  If the three-person panel’s determination varies from that of the investigation committee, the IDO will explain in detail the basis for the three-person panel rendering a decision different from that of the investigation committee in the institution's letter. The explanation should be consistent with the definition of scientific misconduct, the institution's policies and procedures, and the evidence reviewed and analyzed by the investigation committee. o In addition, the three-person panel will determine whether law enforcement agencies, professional societies, professional licensing boards, editors of journals in which falsified reports may have been published, collaborators of the respondent in the work, or other relevant parties should be notified of the outcome of the case. The IDO and the IIO will be responsible for ensuring compliance with all notification requirements of funding or sponsoring agencies. 6.4. Appeal If a respondent believes that the three-person panel has not appropriately addressed the complaint in a fair manner or in a manner that does not align with college policy, he/she may appeal to the President. Upon receiving written notification of the decision from the three-person panel, the respondent, within seven calendar days, may appeal the three-person panel’s decision to the President. The appeal must be submitted in writing to the President, and the respondent should request to meet with the President. After careful consideration of the facts and deliberations with the appropriate parties, the President will notify the respondent, in writing, of the decision in a timely manner (typically within 14 calendar days from the time the written appeal from the employee was received by the President). The President’s decision is final. At the conclusion of the appeal process, or at the end of the timeline to submit an appeal if not submitted, the final institutional record will be provided to the ORI, consistent with § 93.220, and to Human Resources to be kept in the respondent’s permanent file. 6.5. Protections and Confidentiality To the extent allowed by law and consistent with a fair proceeding (§ 93.106), VCOM will limit disclosure of the identity of respondents and complainants to those who "need to know." VCOM strictly prohibits retaliation against any individual who makes a good-faith allegation of misconduct. Any act of retaliation is itself a violation of VCOM policy and subject to disciplinary action. 6.6. Reporting and Record Retention The IIO will notify the ORI immediately if at any stage it is discovered that public health or safety is at risk, federal funds or equipment are threatened, or there is a reasonable indication of possible criminal activity. The VCOM Research Department will maintain the institutional record and all sequestered evidence, including physical objects, in a secure manner for seven (7) years after the completion of the proceeding or any HHS proceeding, whichever is later, unless custody has been transferred to HHS. Records shall be made available to ORI upon request.

VCOM Policy on Research Misconduct

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