Ohio Administrative Code › Title 3344 - Cleveland State University › Chapter 3344-28 - General Policies on Research Misconduct › Section 3344-28-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) "Academic
			 research misconduct," herein, sometimes referred to as "misconduct," means
			 fabrication, falsification, plagiarism, undisclosed conflicts of interest as
			 defined in the policy for managing conflict of interest, or other practices
			 that seriously deviate from those that are commonly accepted within the
			 academic community for proposing, conducting, or reporting research. It does
			 not include honest error or honest differences in interpretations or judgments
			 of data.
(B) "Allegation" means any
			 written or oral statement or other indication of possible academic research
			 misconduct made to an institutional officer.
(C) "Complainant" means a person who makes an
			 allegation of academic research misconduct or inadequate institutional response
			 thereto or who cooperates with an investigation of such allegation. There can
			 be more than one complainant in any inquiry or investigation.
(D) "Conflict of interest" means the real or
			 apparent interference of one person's interest with another, where potential
			 bias may occur due to prior or existing personal or professional
			 relationships.
(E) "Deciding
			 official" means the institutional official who makes final determinations on
			 allegations of academic research misconduct and on any responsive institutional
			 actions. At Cleveland state university the deciding official is the provost and
			 senior vice president.
(F) "Good
			 faith allegation" means an allegation of academic research misconduct made by a
			 complainant who honestly believes that academic research misconduct may have
			 occurred. A good faith allegation need not be objectively made or be
			 subsequently verified to be made in good faith. However, a complainant who
			 recklessly disregards available evidence available that disproves an allegation
			 has not made the allegation in good faith.
(G) Inquiry means information gathering and
			 initial fact-finding to determine whether an allegation or apparent instance of
			 academic research misconduct warrants an investigation.
(H) "ORI" means the office of research
			 integrity, which is an independent entity within the U. S. department of health
			 and human services reporting to the secretary of health and human services. The
			 "ORI" is responsible for protecting the integrity of extramural and intramural
			 research programs, "EIIS."
(I)
			 "PHS" means the public health service, which is part of the department of
			 health and human services, "DHHS" of the federal government.
(J) "PHS" regulation means the public health
			 service regulation codified at 42 C.F.R. 50(a), entitled "responsibility of PHS
			 awardee and applicant institutions for dealing with and reporting possible
			 misconduct in science."
(K) PHS
			 support" means "PHS" grants, contracts, or cooperative agreements, or
			 applications, therefore.
(L)
			 "Research integrity officer" means the institutional official responsible for
			 assessing allegations of academic research misconduct and determining when such
			 allegations warrant inquiries and for overseeing inquiries and investigations.
			 At Cleveland state university the research integrity officer is the vice
			 president for research.
(M)
			 "Research record" means any data, document, computer file, computer disk, or
			 any other written or non-written account or object that reasonably may be
			 expected to provide evidence or information regarding the proposed, conducted,
			 or reported research that constitutes the subject of an allegation of
			 scientific misconduct. A research record includes, but is not limited to: grant
			 or contract applications, whether funded or unfunded; grant or contract
			 progress and other reports; laboratory notebooks; notes; correspondence;
			 videos; photographs; x-ray film; slides; biological materials; computer files
			 and printouts; manuscripts and publications; equipment use logs; laboratory
			 procurement records; animal facility records; human and animal subject
			 protocols; consent forms; .medical charts; and patient research
			 files.
(N) Respondent means the
			 person against whom an allegation of academic research misconduct is directed,
			 or the person who is the subject of the inquiry or investigation. There can be
			 more than one respondent in any inquiry or investigation.
(O) "Retaliation" means any deliberate
			 response by Cleveland state university, or an employee of Cleveland state
			 university, that adversely affects the employment or other institutional status
			 of a respondent to whom an allegation of misconduct has been directed by not
			 proven or of a complainant who, in good faith, has made an allegation of
			 academic research misconduct or inadequate institutional response, thereto, or
			 who has cooperated in good faith with an investigation of such allegation.