Ohio Administrative Code › Title 3344 - Cleveland State University › Chapter 3344-28 - General Policies on Research Misconduct › Section 3344-28-04 - General policies

Current through all regulations passed and filed through July 1, 2024
(A) Responsibility to report misconduct.
All employees or individuals associated with Cleveland state
				university are required to report observed, suspected, or apparent academic
				research misconduct to the research integrity officer. If an individual is
				uncertain whether a suspected incident of misconduct falls within the
				definition, he or she may call the research integrity officer
				 to discuss the suspected
				misconduct informally. If the circumstances described by the individual do not
				meet the definition of academic research misconduct, the research integrity
				officer will refer the individual or allegation to other offices or officials
				with appropriate responsibility for resolving the problem in question.
(B) Evidentiary standard.
Clear and convincing evidence is required for a finding that
				academic research misconduct has occurred.
(C) Preliminary assessment
Upon receiving an allegation of academic research misconduct,
				the research integrity officer shall immediately assess the information to
				determine whether there is sufficient evidence to warrant an inquiry. In
				assessing the allegation, the research integrity officer also shall determine
				whether "PHS" support or "PHS" applications for funding are involved, and
				whether the allegation falls under the "PHS" definition of misconduct in
				science.
(D) Cooperation
			 with inquiries and investigations.
All Cleveland state university employees shall cooperate with
				the research integrity officer in the review of allegations and the conduct of
				inquiries and investigations. Employees have an obligation to provide relevant
				evidence to the research integrity officer or other institutional officials on
				misconduct allegations.
(E)
			 Protection of respondents.
Inquiries and investigations will be conducted 'in a manner
				that will ensure fair treatment to the respondent(s) of the inquiry or
				investigation and confidentiality to the extent possible, insofar as is
				permitted by the laws of the state of Ohio, consistent with protecting public
				health and safety and with carrying out the inquiry or investigation.
(F) If the respondent is found not
			 to have committed academic research misconduct, or if after an allegation of
			 academic research misconduct has been made, there is no inquiry and/or
			 investigation because the "RIO" or the deciding official has determined that
			 none is warranted, after consultation with the respondent the university shall
			 undertake efforts, as it deems appropriate in its sole discretion, to restore
			 the reputation of the respondent.
(G) Institutional employees who are accused
			 of academic research misconduct may at any time consult private legal counsel
			 and/or another member of the university community for personal advice during
			 interviews or meetings on the case, or private legal counsel for personal
			 advice during investigative hearings.
(H) Protection of complainants.
At any time, an employee may have confidential discussions and
				consultation with the research integrity officer about concerns of possible
				misconduct and will be counseled about appropriate procedures to report
				allegations.
(I) The
			 research integrity officer will monitor the treatment of individuals who bring
			 allegations of misconduct or inadequate institutional response thereto, or who
			 cooperate in inquiries or investigations. The university is required to protect
			 from retaliatory actions those persons who, in good faith, make allegations.
			 The research integrity officer will ensure that those making an allegation in
			 good faith or cooperating with an inquiry or investigation into an allegation
			 of academic research misconduct will not be retaliated against in the terms and
			 conditions of their employment or other institutional status at Cleveland state
			 university. Instances of apparent retaliation will be reviewed by the research
			 integrity officer for appropriate action.
(J) If retaliation is confirmed, complainants
			 will be consulted regarding appropriate corrective actions to be taken on their
			 behalf to restore or protect their positions or reputations.
(K) Securing data and evidence.
The first step after determining that an allegation falls
				within the definition of academic research misconduct is to sequester all
				relevant research records and materials. The "PHS" office of research integrity
				 can provide advice and
				assistance in this regard. The research integrity officer shall ensure
				immediate securing of all relevant materials.
(L) Any such actions taken prior to a final
			 determination should be devised and taken as to create minimal interference
			 with the regular research activities of the respondent and other involved
			 parties.