APPENDIX L
POLICY ON ACADEMIC MISCONDUCT IN SCHOLARLY ACTIVITIES
I. Definition of Academic Misconduct in Scholarly
Activities
Misconduct in scholarly activities includes, but is not
limited to, (1) fabrication, falsification, plagiarism, or similar practices
that seriously deviate from those that are commonly accepted within the
academic community for proposing, conducting or reporting research or other
scholarly and creative activity; (2) appropriation without due credit of
another's ideas, including the improper use of privileged information;
(3) willful or reckless failure to comply with legal requirements that
relate to research, publication, and other scholarly and creative activity.
II. Procedures for Investigating Academic Misconduct
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There shall be a University standing committee on academic
misconduct in scholarly activities (henceforth referred to as the standing
committee). The standing committee shall be composed of three faculty members
appointed by the Provost/Vice President for Academic Affairs for staggered
three-year terms. The committee shall report to the Assistant Vice President
for Research.
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Any person who believes that misconduct in scholarly activities
has occurred in the University community shall report the incident to a
member of the standing committee. In the remainder of this document, the
person reporting alleged misconduct will be referred to as the complainant
and the initial report will be referred to as an allegation. If the allegation
is made to a person other than a member of the standing committee, that
person shall advise the complainant to forward the allegation promptly
to a member of the standing committee.
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Any person whose conduct is considered under this policy
shall be entitled to (1) confidential treatment to the extent possible;
(2) a prompt and thorough investigation; and (3) an opportunity to comment
on allegations and the findings of the standing committee and the investigating
committee (see paragraph 13).
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The standing committee and the investigating committee shall
each take reasonable steps to avoid unwarranted damage to the positions
and reputations of persons involved in the process.
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All individuals involved in administering this policy shall
take precautions against real or apparent conflicts of interest.
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When the standing committee receives an allegation (or otherwise
hears of evidence) of a possible incident of misconduct, the committee
will decide if the alleged incident, were it to have occurred, would constitute
misconduct under this policy. If the committee decides that the alleged
incident falls under this policy, it will inform the subject of the allegation
and will initiate an inquiry. During this inquiry, the committee shall
gather such information and engage in such initial research as it believes
necessary for it to determine whether to impanel an investigating committee.
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The standing committee ordinarily shall complete its inquiry
into an alleged incident of misconduct within 60 days of the time it learns
of the incident. If this deadline cannot be met, then the standing committee
shall inform the subject of the inquiry of the reasons for the delay. The
standing committee also shall inform other individuals of the progress
of its inquiry if the standing committee determines that such individuals
have a compelling need to be informed.
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If a member of the standing committee is the complainant
or has any other conflict of interest in a particular case, that member
shall recuse him or herself from the case and the Provost/Vice President
for Academic Affairs may appoint a temporary replacement. The standing
committee may at any time request that the Provost/Vice President for Academic
Affairs appoint a temporary committee member who possesses specific expertise
helpful in evaluating the merits of a particular case.
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If the standing committee decides not to initiate an investigation,
it shall prepare a written report explaining the basis on which it determined
that an investigation was not appropriate.
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If the standing committee decides to initiate an investigation,
it shall prepare a written report explaining the basis on which it determined
that an investigation was appropriate.
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The standing committee shall provide written notification
of the results of an inquiry to the subject of the inquiry and to the complainant.
The committee may comply with this requirement by providing the subject
and/or the complainant with a copy of the full report referred to in paragraphs
9 and 10. In deciding whether to provide the subject and/or complainant
with a copy of the report, the standing committee shall consider all relevant
factors, including the need to protect the confidentiality or reputation
of any person. If the standing committee decides to initiate an investigation,
the notification to the subject shall include, at the minimum, a statement
of the committee's conclusions. The subject may make written comments on
the standing committee's conclusions within five days after being notified
of them and such comments shall become a part of the standing committee's
report.
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The report required by paragraph 9, or the report required
by paragraph 10 together with comments from the subject permitted by paragraph
11, shall be transmitted to the Assistant Vice President for Research.
If the standing committee's decision is that an investigation is not appropriate,
its report (required by paragraph 9) shall be sealed if the committee decides
that there is reason to keep the inquiry confidential, and the Assistant
Vice President shall secure the sealed report as required by paragraph
20 below. If the standing committee decides that an investigation is appropriate,
the Assistant Vice President shall, upon receiving the report, do whatever
is necessary to inform granting agencies and appropriate administrative
officials that an investigation will be conducted.
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If the standing committee decides to initiate an investigation,
it will appoint an investigating committee. The standing committee shall
consult with the appropriate dean(s) before choosing members of the investigating
committee, but the ultimate responsibility for selecting members lies with
the standing committee. The standing committee shall appoint persons whose
knowledge and experience will permit them to conduct a thorough and authoritative
investigation. An investigating committee normally will have at least three
members. Neither the complainant nor any member of the standing committee
may serve on the investigating committee.
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The investigating committee shall gather information in order
to determine whether misconduct has occurred. The investigating committee
may consult with the standing committee but is not required to do so. The
investigating committee may retain counsel, which may be, but is not required
to be, University Counsel. The committee may retain appropriate consultants
if the expertise of such consultants is needed to carry out a thorough
and authoritative evaluation of the relevant evidence. The subject of the
investigation may be asked to supply the investigating committee with appropriate
information.
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The investigating committee shall prepare a written report,
supported by any relevant documentation, explaining the basis on which
the committee made its determination. If the committee determines that
misconduct has occurred, the committee may choose to: (a) express its opinion
as to the seriousness of the misconduct; (b) recommend sanctions against
the person(s) who committed the misconduct; (c) recommend actions for the
appropriate college, school, or division to take to prevent future misconduct.
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The subject of an investigation shall be provided a copy
of the committee's report (prepared under paragraph 15) and shall be given
an opportunity to comment in writing on the report. Such written comments
shall become a part of the report and shall be included before the report
is transmitted to appropriate dean(s) and to the Assistant Vice President
for Research and the standing committee.
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On receipt of a finding that a faculty member has engaged
in academic misconduct, his or her dean may decide to take no action, may
decide to impose minor sanctions, or may seek to impose a severe sanction
under the provisions of Appendix B of the Faculty Handbook. The dean shall
report any actions taken to the standing committee and to the Assistant
Vice President for Research. If the dean decides to take no action, or
to impose a minor sanction, the dean's report shall explain why he or she
took no action or imposed a minor rather than a severe sanction.
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On receipt of a finding that a graduate student or staff
member has engaged in academic misconduct, as defined in this policy, his
or her dean may take no action or may impose sanction in accordance with
the student or staff handbook, whichever is applicable. The dean shall
report any actions taken to the standing committee and to the Assistant
Vice President for Research. If the dean decides not to impose sanctions,
the report shall include an explanation of that decision.
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The investigating committee shall bring to the standing committee's
attention any deficiencies it perceives in these procedures. If the standing
committee determines that these procedures should be modified, it shall
make appropriate recommendations to the Provost/Vice President for
Academic Affairs.
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The Assistant Vice President for Research shall retain in
a secure place all reports, including written explanations under paragraphs
9, 10, 15, 17, or 18, and all documentation, pertaining to each incident
of alleged misconduct, for a period of five years from the receipt of the
report or explanation. However, the standing committee's report, with documentation,
if the standing committee determines that an investigation is not warranted
under paragraph 6 and that there is reason to keep the inquiry confidential,
shall be sealed before forwarding to the Assistant Vice President for Research.
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Insofar as the requirements of a granting agency are inconsistent
with the requirements of this policy, the granting agency's requirements
shall be considered a part of this policy and followed in the investigation
of an incident of possible misconduct involving a grant from the agency.
The Assistant Vice President for Research shall ensure that the University
complies with the requirement of each granting agency, including requirements
that the University report to the agency concerning allegations and/or
findings of misconduct and inform the standing committee and any investigating
committee(s) of any relevant regulations. The Assistant Vice President
for Research may add appendices to this policy that identify the inconsistencies
between the particular requirements of a granting agency and this policy.
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To permit the Assistant Vice President for Research to ensure
compliance with the reporting requirements of each granting agency, the
standing committee shall inform the Provost/Vice President for Academic
Affairs each time it impanels an investigating committee. The standing
committee and/or each investigating committee also shall inform the Assistant
Vice President for Research of each incident of alleged misconduct at any
time that the committee determines that the incident (a) poses an immediate
health hazard; (b) presents an immediate need to prevent misappropriation
or damage to property or funds; (c) presents an immediate need to protect
the interests of the person(s) making the allegations or of the individual(s)
who is(are) the subject(s) of the allegations as well as his or her (their)
co-investigators and associates, if any; (d) seems likely to be publicly
reported; or (e) might reasonably be expected to lead a criminal investigation.
The Assistant Vice President for Research, when informed of an incident
of alleged academic misconduct, shall notify each University administrator
whom he/she determines has an immediate need to know of the incident.
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These procedures shall be published in the faculty, staff,
and student handbooks.
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These procedures shall not limit or interfere with the University's
ability, under other policies, to discipline a student for misconduct in
research, publication, creative, or other scholarly activities.
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All deans and department heads shall take action to ensure
that all persons engaged in research in their college, school, or department
are aware of these procedures.