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The creation and dissemination of knowledge
are primary missions of the University. Accordingly, the University should
foster an environment in which research flourishes. Such an environment
requires the integrity of faculty, students, and staff who conduct research
and scholarship. Furthermore, faculty, investigators, and other supervisors
need to ensure the integrity of research and scholarship conducted under
their direction.
Despite the University's best intentions
and efforts, departures from accepted standards of integrity and honesty
may occur. Thus, the University must have policies that define misconduct
in research and scholarship, procedures for the inquiry into and investigation
of alleged misconduct, and guidelines for the prosecution of proven misconduct.
The University assumes responsibility for
resolving allegations and investigating misconduct in research and scholarship
by its faculty, staff, and students. These responsibilities exist regardless
of whether the activity is funded by federal, state, or private sources,
or is the result of unfunded efforts.
This document contains policy and procedures
for addressing misconduct in original research and scholarship.
A. Policy
- At Western Washington University, misconduct
in research and scholarship is defined as:
- The intentional fabrication or falsification
of data, research procedures, or data analysis; plagiarism; or other
fraudulent activities in proposing, conducting, reporting, or reviewing
research.*
- Willful failure to comply with federal,
state, or university requirements a) for protecting researchers, human
subjects, and the public during research and b) concerning the humane
treatment of animals used in research.
- Use of research funds, facilities, or
staff for unauthorized and/or illegal activities.
B. Clarifications
- Hereinafter "misconduct" means misconduct
in research and scholarship as defined above. Misconduct does not include
honest error or honest differences in interpretations or judgments of
data. This policy pertains to original research and scholarship only
and is not intended to replace other policies dealing with academic
conduct, such as integrity in class or course work.
- "Inquiry" means information gathering
and initial fact-finding to determine whether an allegation or apparent
instance of misconduct warrants investigation.
- "Investigation" means the formal examination
and evaluation of all relevant information to determine if misconduct
has occurred.
C. Procedures
- The Dean of a college and the Vice Provost
for Research and Dean of the Graduate School (hereinafter referred to
as the Vice Provost for Research) may receive, typically in writing,
allegations of misconduct in research and scholarship. However, the
President of the University, through the Provost/Vice President for
Academic Affairs (hereinafter referred to as the Provost), the College
Deans, and Vice Provost for Research, is ultimately responsible for
all research programs and activities conducted at the University. Therefore,
the Provost shall be informed by the Deans of all allegations of misconduct
in research and scholarship. Furthermore, the Provost shall consult
with the University's Office of the Attorney General on all inquiries
and investigations, and is responsible for directing inquiries into
and investigations of misconduct in research and scholarship, and in
meeting all reporting requirements established by federal and non-federal
agencies.
- The procedures of this policy are not
exclusive of other mechanisms for the review of misconduct. In the case
of review of allegations of misuse of funds, the University's Internal
Auditor, and in some cases outside auditors, shall investigate and report
to the proper administrators. In the case of alleged illegal activities,
the President retains the power to direct investigations, take interim
measures prior to or during any inquiry or investigation to preserve
state property or resources, and request reports on alleged violations.
Where an investigation of misconduct under this Policy may be duplicative,
and where issues of the proper conduct of scientific research are lacking,
the Provost may decide not to conduct an investigation under this policy.
D. Administrative Procedures
- 1. An inquiry will be made immediately
into allegations or evidence of possible misconduct. Inquiries will
be conducted by the dean of the affected college or, if appropriate,
the Vice Provost for Research, or their designees.
- An inquiry should be completed within
60 calendar days of its initiation unless the Provost rules that circumstances
warrant a longer period. At the commencement of the inquiry, the affected
individuals will be informed about the nature and proposed extent
of the inquiry. A written report shall be prepared that documents
the evidence received, including summaries of interviews and the conclusions
reached. The individuals against whom the allegation was made shall
be kept informed of the inquiry procedure and be given a copy of the
report of inquiry. If they comment on this report, their comments
will be made part of the record. If the inquiry takes longer than
60 days, the record of the inquiry shall include documentation of
the reasons for exceeding the 60-day period and record of agreement
to the extension by the Provost and the individuals against whom the
allegations are made.
- Persons who have reported apparent
misconduct will be protected to the extent possible under state law.
Because the university (except for its police force) is not an investigatory
or law enforcement agency, public records that are generated in the
course of an inquiry or investigation are subject to disclosure under
state public disclosure law, RCW 42.17.250 et seq., unless explicitly
subject to the laws' exceptions.
- The affected individuals will receive
confidential treatment to the extent possible under state law; they
are also entitled to a prompt and thorough inquiry, and they will
have an opportunity to comment on allegations and the findings of
the inquiry.
- If it is determined that an investigation
is not warranted, records will be maintained for one year in sufficient
detail to permit subsequent assessment of that determination.
- A decision on whether to proceed to
an formal investigation shall be made by the Provost in consultation
with the College Dean. If an investigation is deemed unwarranted,
the Provost and College Dean will take steps to protect the party
or parties who made good faith allegations, and the individual(s)
charged with misconduct. Also, the College Dean and the Provost will
take such steps as they deem appropriate to repair any damage done
to the reputation of individuals falsely accused.
- In case of apparent false and malicious
accusations, an inquiry will be initiated by the Provost and Dean
of the accuser(s). The accused person may also request such an inquiry.
-
- 2. If warranted, an investigation will
begin following the inquiry as described under 1.
-
- Investigations will begin, within 30
days of the completion of the inquiry, by a committee appointed by
the Provost, and comprised of at least three faculty members familiar
with the research or scholarship included in the alleged misconduct
and at least one faculty member whose academic appointment is outside
of the college of the accused individual(s).
- The investigation will include examination
of all pertinent documentation, publications and correspondence, and
any memoranda related to telephone calls. Whenever possible, interviews
will be conducted with all individuals involved in making the allegation,
or against whom the allegation is made, or other individuals who might
have information pertinent to the allegations. Summaries of the interviews
will be prepared, provided to the interviewed parties for comment
or revision, and included as part of the investigation file.
- Precautions will be taken to prevent
real or apparent conflicts of interest on the part of those involved
in the investigation.
- Diligent efforts will be made, as appropriate,
to restore the reputations of persons alleged to have engaged in misconduct
when allegations are not confirmed.
- Documentation will be prepared and
maintained to substantiate the investigation's findings.
- An investigation of misconduct will
be completed within 120 days of its initiation. This includes conducting
the investigation, preparing a report of the findings, and making
the report available for comment to the subjects of the investigation.
- When allegations of misconduct or evidence
of false and malicious accusations have been substantiated, appropriate
sanctions will be fashioned subject to review through the Faculty
Grievance Procedure, Student Rights and Responsibilities Code, the
State of Washington Higher Education Personnel rules and regulations,
the Washington State Administrative Procedure Act (Ch. 34.05 RCW),
and rules adopted pursuant thereto, and the present document.
- When allegations of misconduct in research
and scholarship involve the use of federal funds, the following additional
steps will be followed:
- The College Dean or Vice Provost for
Research will notify the relevant federal agency prior to an investigation
and within 30 days following the completion of an inquiry. If there
is indication of criminal violations, the College Dean or Vice Provost
for Research will notify the relevant federal agency within 24 hours
of obtaining appropriate evidence.
- When appropriate, documentation of
the investigation's findings will be made available to a relevant
federal agency.
- The University will be responsible
for notifying relevant federal agencies if any of the following exist
during an inquiry or investigation: an immediate health hazard, an
immediate need to protect extramurally obtained funds or equipment,
an immediate need to protect any parties involved; or if the incident
is going to be reported publicly, in the case of possible criminal
violation.
- Interim administrative actions will
be taken, as appropriate, to protect federal funds and insure that
the purposes of federal financial assistance are carried out.
- The University will keep the relevant
federal agency apprised of any developments during the course of the
investigation which may affect current or potential funding for the
individual under investigation or are necessary for the federal agency
to protect the public interest.
- The report of the investigation, completed
within 120 days, will be submitted to the relevant federal agency
along with the final outcome of the investigation.
- While the University is primarily responsible
during the period of inquiry and investigation, a relevant public
agency may perform its own investigation at any time prior to, during,
or following the University's investigation and may impose sanctions
determined by its own investigation.
*New language taken from NIH Office of Scientific Integrity
committee approved statement. Science, Vol 254, November 29, 1991, p.
1287.
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