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Section: | 600 |
Section Title: | Administrative |
Policy Number: | 301 |
Policy Name: | Research Misconduct |
Approval Authority: | President’s Senior Leadership Team |
Responsible Executive: | Vice President with Oversight of Grants & Sponsored Programs |
Responsible Unit: | Grants & Sponsored Programs |
Date Adopted: | March 26, 2025 |
Policy Statement
Ramapo College of New Jersey (hereinafter referred to as the “College”) is committed to uphold the highest ethical standards in research. This policy is based on the U.S. Department of Health and Human Services Public Health Service Policies on Research Misconduct – Final Rule, Code of Federal Regulations, Vol. 42, Part 93 (Federal Register, Vol. 70, p. 28370 (May 17, 2005, amended Jan. 17, 2025).
Further, for the purposes of research activities that are not sponsored by Health & Human Services, this policy shall be applied and its procedures may only be adjusted as required by the sponsoring agency.
This policy shall be reviewed annually to ensure compliance with governmental regulations.
Purpose of Policy
The purpose of this policy is to communicate the standards expected of faculty, staff, administrators, and academic professionals who participate in sponsored research at or for the College.
The purpose of the procedure is to describe the process followed in those instances in which research misconduct is suspected to have occurred. To the extent permissible, this policy and procedure applies to all sponsored research activity stewarded by the College.
To Whom Does the Policy Apply
This policy applies to all College employees engaged in research activities, whether they are externally funded or not. This includes faculty (full-time, part-time/adjunct, lecturers, professional staff who teach), administrators, staff, as well as individuals contracted by the College to engage in research that is supported by federal, private, or College funds.
Supplemental Resources
Contact
Vice Provost for Academic and Faculty Affairs (in capacity as the Research Integrity Officer at the College)
I. Overview & Principles
Allegations of research misconduct are taken very seriously, as are the needs to protect the rights of those who make such complaints in good faith and the rights of those who are accused of research misconduct.
The purpose of this policy and the following procedures are to achieve these goals and to comply with federal regulations including but not limited to:
In addition, the NSF has similar regulations governing the conduct of researchers supported by NSF grants. Implicit in these requirements is an understanding that the institution reports any investigation of scientific misconduct that appears to be substantiated. The process described below will be followed when an allegation of research misconduct is received by an institutional official. This process is intended to carry out the College’s responsibilities under the PHS Policies on Research Misconduct, 42 CFR Part 93. It does not apply to authorship or collaboration disputes and applies only to allegations of research misconduct that occurred within six (6) years of the date the institution or HHS received the allegation, subject to the subsequent use, health or safety of the public, and grandfather exceptions in 42 CFR § 93.104(b).
Further, for the purposes of research activities that are not sponsored by HHS, these procedures may be adjusted but only as required by the sponsoring agency.
Principle 1. Responsibility
Further, for the purposes of research activities that are not sponsored by HHS, these responsibilities may be adjusted but only as required by the sponsoring agency.
Principle 2. Protections
Further, for the purposes of research activities that are not sponsored by HHS, these protections may be adjusted but only as required by the sponsoring agency.
II. Procedures
Generally, all inquiries and investigations will be carried through to completion and all significant issues will be pursued diligently. The RIO must notify ORI in advance if there are plans to close a case at the inquiry, investigation, or appeal stage on the basis that respondent has admitted responsibility, a settlement with the respondent has been reached, or for any other reason, except:
A. Assessment and Inquiry
Individuals with concerns regarding potential research misconduct by an institutional member should contact the RIO. Allegations of research misconduct are to be submitted in writing, along with any evidence they have related to the incident, to the RIO.
a. there is a reasonable basis for concluding that the allegation falls within the definition of research misconduct and is within the jurisdictional criteria of 42 CFR § 93.102; and
b.the allegation may have substance, based on the committee’s review during the inquiry.
7. The inquiry committee will normally interview the complainant, the respondent, and key witnesses as well as examining relevant research records and materials. Then the inquiry committee will evaluate the evidence, including the testimony obtained during the inquiry, and submit a draft inquiry report. A written inquiry report must be prepared that includes the following information:
The College’s legal counsel should review the report for legal sufficiency. Modifications should be made as appropriate in consultation with the RIO and the inquiry committee. After consultation with the RIO, the committee members will decide whether an investigation is warranted based on the criteria in this policy and 42 CFR § 93.307.
8. The RIO shall notify the respondent whether the inquiry found an investigation to be warranted, include a copy of the draft inquiry report for comment within 10 calendar days, and include a copy of or refer to 42 CFRPart 93 and the College’s policies and procedures on research misconduct. Any comments that are submitted by the respondent or complainant will be attached to the final inquiry report. Based on the comments, the inquiry committee may revise the draft report as appropriate and prepare it in finalform. The committee will deliver the final report to the RIO, who will then deliver it to the College Provost. The Provost, in consultation with the RIO, will make a decision whether an investigation is warranted.
9. Within 30 calendar days of the Provost’s decision that an investigation iswarranted, the RIO will provide ORI with the Provost’s written decision and acopy of the final inquiry report. The RIO must provide the following information to ORI upon request:
10. The inquiry, including preparation of the final inquiry report and the decision of the Provost on whether an investigation is warranted, must be completed within 60 calendar days of initiation of the inquiry, unless the RIO determines that circumstances clearly warrant a longer period.
If the RIO approves an extension, the inquiry record must include documentation of the reasons for exceeding the 60-day period.
If the Provost decides that an investigation is not warranted, the RIO shall secure and maintain for 7 years after the termination of the inquiry sufficiently detailed documentation of the inquiry to permit a later assessment by ORI of the reasons why an investigation was not conducted. These documents must be provided to ORI or other authorized HHS personnel upon request.
Further, for the purposes of research activities that are not sponsored by HHS, these procedures may be adjusted but only as required by the sponsoring agency.
B. Investigation
The RIO must also give the respondent written notice of any new allegations of research misconduct within a reasonable amount of time of deciding to pursue allegations not addressed during the inquiry or in the initial notice of the investigation. The RIO will, prior to notifying the respondent of the allegations, take all reasonable and practicable steps to obtain custody of and sequester in a secure manner all research records and evidence needed to conduct the research misconduct proceedings that were not previously sequestered during the inquiry.
3. The investigation committee will convene, with members appointed by the RIO in consultation with the Provost. The investigation committee must consist of individuals who do not have unresolved personal, professional, or financial conflicts of interest with those involved with the investigation and should include individuals with the appropriate scientific expertise to evaluate the evidence and issues related to the allegation, interview the respondent and complainant and conduct the investigation. Individuals appointed to the investigation committee may also have served on the inquiry committee.
4. At the first meeting of the investigation committee, the RIO will define the subject matter of the investigation in a written charge to the committee that:
a. research misconduct, as defined in this policy, occurred (respondent hasthe burden of proving by a preponderance of the evidence any affirmativedefenses raised, including honest error or a difference of opinion);
b. the research misconduct is a departure from accepted practices of the relevant research community; and
c. the respondent committed the research misconduct intentionally, knowingly, or recklessly; and
5. The RIO will convene the first meeting of the investigation committee to review the charge, the inquiry report, and the prescribed procedures and standards for the conduct of the investigation, including the necessity for confidentiality and for developing a specific investigation plan. The investigation committee will be provided with a copy of this statement of policy and procedures and 42 CFR Part 93. The RIO will be present or available throughout the investigation to advise the committee as needed.
6. The investigation committee and the RIO must:
7. The investigation is to be completed within 120 days after its commencement, including conducting the investigation, preparing the report of findings, providing the draft report for comment and sending the final report to ORI. However, if the RIO determines that the investigation will not be completed within this 120-day period, they will submit to ORI a written request for an extension, setting forth the reasons for the delay. The RIO will ensure that periodic progress reports are filed with ORI, if ORI grants the request for an extension and directs the filing of such reports.
8. At the conclusion of the investigation, the committee will submit a draft writtenreport to the Provost. This report must include:
a. The individual(s) accused of research misconduct.
b. The nature of the allegation of research misconduct and the specific allegations considered in the investigation. This will include any allegations that were investigated that were beyond the committee’s original scope, as well as the justification for investigating those additional allegations.
c. Identification and summary of research records and evidence reviewed, including any items that were gathered but not reviewed.
d. A statement of the findings for each specific allegation, to include:
e. Recommended sanctions to be imposed by the College.
9. The RIO must give the respondent a copy of the draft investigation report for comment and, concurrently, a copy of, or supervised access to, the evidence on which the report is based. The respondent will be allowed 30 days from the date they receive the draft report to submit comments to the RIO. The respondent’s comments must be included and considered in the final report. In distributing the draft report, or portions thereof, to the respondent, the RIO will inform the recipient of the confidentiality under which the draft report is made available.
10. The RIO will assist the investigation committee in completing the final investigation report, including ensuring that the respondent’s comments are included and considered, and transmit the final investigation report to the Provost, who will determine whether or not the finding(s) support the allegation(s) of research misconduct.
Should the report conclude there was no support to the allegations, the Provost will notify the respondent in writing of the results of the committee’s investigation, and keep all materials related to the allegation in the respondent’s confidential personnel file for seven (7) years.
Should the report support the allegations, the Provost will notify the respondent in writing of the finding(s) by sharing the committee’s report less the committee’s recommended sanctions.
The Provost will also notify the respondent in writing that, unless an appeal (see section E below) with evidence is made within 10 days:
The Provost will also submit their recommended sanctions, taking into consideration pertinent institutional policy and/or collectively negotiated agreements, and the committee’s recommendations which may be further developed in consultation with the College’s General Counsel.
The RIO is responsible for ensuring compliance with all notification requirements of funding or sponsoring agencies.
Further, for the purposes of research activities that are not sponsored by HHS, these investigation protocols may be adjusted as required by the sponsoring agency.
C. Appeals
The accused individual(s) have the right to appeal the report and may do so in writing to the Provost within the 10-day period. The appeal must include evidence that disproves the findings of the report.
If an appeal with evidence is filed, the Provost must supply it to the investigation committee for review.
If no appeal is filed; an appeal is filed without evidence; or an appeal with evidence is filed and the evidence is found to be unsubstantiated, the Provost will inform all granting agencies, journal editors, publishers, or other agencies in receipt of any scholarship of the findings.
Further, for the purposes of research activities that are not sponsored by HHS, these appeal procedures may be adjusted but only as required by the sponsoring agency.
D. Final Decision
The Provost will notify the College President or their designee in a report that contains the committee’s report, a copy of the notification to granting agencies, etc., and any recommended sanctions to be imposed by the College.
Upon receipt and review of the Provost’s report, if:
the President or their designee will issue the sanctions in writing to the accusedindividual(s), and notify the appropriate offices or entities on which the sanctions may have an impact (e.g., Academic Dean for course scheduling; People Operations and Employee Resources Department; etc.).
The investigation concludes with the issuance of sanctions by the President or their designee; there are no further appeals.
Further, for the purposes of research activities that are not sponsored by HHS, this final decision making process may be adjusted but only as required by the sponsoring agency.
III. Reporting of Findings and Actions to ORI
Unless an extension has been granted, the RIO must, within the 120-day period for completing the investigation, submit the following to ORI:
Further, for the purposes of research activities that are not sponsored by HHS, this reporting may be adjusted but only as required by the sponsoring agency.
IV. Records Retention
The RIO must maintain and provide to ORI, upon request, “records of research misconduct proceedings” as that term is defined by 42 CFR § 93.318. Unless custody has been transferred to HHS or ORI has advised in writing that the records no longer need to be retained, records of research misconduct proceedings must be maintained in a secure manner for seven years after completion of the proceeding involving the research misconduct allegation. The RIO is also responsible for providing any information, documentation, research records, evidence or clarification requested by ORI to carry out its review of an allegation of research misconduct or of the institution’s handling of such an allegation. The entirety of the investigation will be kept within the individual’s confidential personnel file.
Further, for the purposes of research activities that are not sponsored by HHS, these retention practices may be adjusted but only as required by the sponsoring agency.
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