Other Considerations

A. Termination of Institutional Employment or Resignation Prior to Completing Inquiry or Investigation

A respondent may terminate his position by resignation or otherwise at any point in the misconduct proceedings after the allegation has been reported. This does not preclude or terminate those proceedings or limit any institutional responsibilities. It is expected that the respondent will participate in the process, but if the individual refuses, the RIO, and any inquiry or investigation committee will use their best efforts to reach a conclusion. Any failure to cooperation and the effect that this had will be noted in any reports.

B. Restoration of the Respondent's Reputation

If there is a finding of no research misconduct with ORI concurrence, if required by 42 CFR § 93, the RIO must undertake all reasonable and practical efforts to restore the respondent’s reputation if requested to do so by that individual. [42 CFR § 93.304(k)]. Actions should first be approved by the DO and may include notifying all individuals aware of or involved in the investigation of the finding, publicizing the finding in any forum in which the allegation had previously been publicized, and removing reference to the allegation from the respondent’s personnel file.

C. Protection of the Complainant, Witnesses, and Committee Members

The RIO will also take reasonable and steps to protect the complainant and others who have acted in good faith in making allegations or in participating in or cooperating with inquiries and investigations. These steps should be taken throughout the research misconduct proceeding and upon its completion regardless of the final outcome. Both the position and reputation of these individuals should be protected and steps should be taken to counter potential or actual retaliation against them. [42 CFR § 93.304(l)] After consultation with the RIO and involved parties, the DO will determine what steps need to be taken. The RIO will implement approved actions.

D. Allegations Not Made in Good Faith

If the DO determines the absence of good faith on the part of the complainant, witness or inquiry or investigation committee member, s/he will determine if any administrative action should be taken against the person who failed to act in good faith.