42 C.F.R. § 93.317

Completing the research misconduct process

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(a) ORI expects institutions to carry inquiries and investigations through to completion and to pursue diligently all significant issues and credible allegations of research misconduct. Institutions must notify ORI in advance if the institution plans to close a research misconduct proceeding at the assessment, inquiry, investigation, or appeal stage on the basis that the respondent has admitted to committing research misconduct or a settlement with the respondent has been reached.

(b) A respondent's admission of research misconduct must be made in writing and signed by the respondent. An admission must specify the falsification, fabrication, and/or plagiarism that occurred and which research records were affected. The admission statement must meet all elements required for a research misconduct finding under § 93.103 and must be provided to ORI before the institution closes its research misconduct proceeding. The institution must also provide a statement to ORI describing how it determined that the scope of the misconduct was fully addressed by the admission and confirmed the respondent's culpability.

(c) After consulting with the institution on its basis for closing a case under paragraph (a) of this section, ORI may conduct an oversight review of the institution's handling of the case and take appropriate action including:

(1) Approving or conditionally approving closure of the case;

(2) Directing the institution to complete its process;

(3) Directing the institution to address deficiencies in the institutional record;

(4) Referring the matter for further investigation by HHS; or

(5) Taking a compliance action.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Pichiorri v. Burghes (S.D. Ohio 2024).
Pichiorri v. Burghes (S.D. Ohio 2024). “315), and keep records of proceedings and investigatory reports related to such investigations ( 42 C.F.R. § 93.317 ). 2 Honest error is a defense to a charge of research misconduct which respondents, like Dr.”
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