42 C.F.R. § 93.312

Opportunity to comment on the draft investigation report

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(a) The institution must give the respondent a copy of the draft investigation report and, concurrently, a copy of, or supervised access to, the research records and other evidence that the investigation committee considered or relied on. The respondent must submit any comments on the draft report to the institution within 30 days of receiving the draft investigation report.

(b) The institution may provide the complainant a copy of the draft investigation report or relevant portions of that report. The comments of the complainant, if any, must be submitted within 30 days of the date on which the complainant received the draft investigation report or relevant portions of it.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2013–2024 · leading case: Mauvis-Jarvis v. Wong
Mauvis-Jarvis v. Wong (2013) illappct “313 (2005)) and must be given to the accused for comment ( 42 C.F.R. § 93.312 (2005)). The final report must also be sent to the ORI.”
Yoon v. Garg (2024) ca5 “See 42 C.F.R. § 93.312 (b). The committee may then consider the comments and include them in the final investigation report.”
HOUSER v. FELDMAN (2021) paed “42 C.F.R. §§ 93.312 (a), 93.313(g). Regardless of whether the investigation concludes that research misconduct occurred, the report, its findings and conclusions, all relevant evidence, and any information about actions taken or pending by the institution must be forwarded to…”
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