Part V. – POLICY FOR DEALING WITH AND REPORTING POSSIBLE MISCONDUCT IN SCIENCE

Section 1.

1. Pacific Lutheran University has the responsibility to initiate inquiry and investigation into situations in which there is allegation of misconduct in scientific research carried out at this university in order to determine the veracity of the allegations and to report the proceedings and conclusions drawn from such inquiries and investigations to governmental and other agencies providing funding for the research. According to Rule 42 CFR Part 50 of the Public Health Service Act, misconduct in science is fabrication, falsification, plagiarism, deception, or other practices that seriously deviate from those that are commonly accepted within the scientific community for proposing, conducting, or reporting research; or material failure to comply with federal requirements that uniquely relate to the conduct of research. It does not include honest error or honest differences in interpretations or judgments of data (42 CFR § 50.102).
2. The procedures of Pacific Lutheran University for conducting such inquiry and investigation shall be according to the Rule of the Public Health Service Act contained in 42 CFR Part 50 with respect to timeliness of the inquiry and investigation processes, protection of privacy of both the persons bringing the allegations and the affected individual(s), and the reporting of such deliberations to the appropriate governmental or private agencies, e.g., the Office of Scientific Integrity for any research or related activities supported by the National Institutes of Health.
3. In addition to the specific requirements of the Public Health Service Act Rules, the following procedures should be followed:
   1. Inquiry may be initiated by written request from the person(s) bringing the allegation to the Office of the Provost.
   2. At the request of the provost, the inquiry shall be carried out by the Rank and Tenure Committee of the faculty with appropriate procedures to respect the privacy of all individuals concerned as are normally applied to matters of faculty rank and tenure and in accordance with Public Health Service Rule 42 CFR§ 50.103.
   3. If it is considered necessary as a result of the inquiry for full investigation to be made, the investigation shall be carried out according to Article VI, Section 2 of the Faculty Constitution and By-laws, Disciplinary and Dismissal Procedures, with the following exceptions:
      1. Subsection d.(2).ix: The hearing is with respect to charges of scientific misconduct rather than incompetence.
      2. Subsection d.(2).xiii: Dismissal is not assumed to be at issue with respect to the outcome of the investigation; recommendations of penalties or consequences shall be determined as appropriate to the seriousness and scope of the misconduct.
   4. The investigatory hearing shall comply with the above Public Health Service Act Rule Sections 50.103 and 50.104 with respect to specific requests for notification and reporting and for due process.
   5. The affected individual may petition for redress if they have cause for grievance in the event that the procedures and rules cited or described above have not been followed.
   6. A complete copy of the policy statement and the Public Health Service Rule shall be made available by the Office of the Provost to any faculty member or other university-employed scientific investigator upon request.