5.7.11 Other Considerations

5.7.11 Other Considerations abruneau3 Thu, 06/26/2014 - 18:15

Termination of Institutional Employment, Resignation, or Withdrawal from the Institution Prior to Completing Inquiry or Investigation
The termination of the respondent's institutional employment or enrollment, by resignation or otherwise, before or after an allegation of possible scientific or other scholarly misconduct has been reported, will not preclude or terminate the misconduct procedures.  If the respondent, without admitting to the misconduct, elects to resign his or her position prior to the initiation of an inquiry, but after an allegation has been reported, or during an inquiry or investigation, the inquiry or investigation will proceed. If the respondent refuses to participate in the process after resignation, the committee will use its best efforts to reach a conclusion concerning the allegations, noting in its report the respondent's failure to cooperate and its effect on the committee's review of all the evidence.

Restoration of the Respondent's Reputation
If Georgia Tech finds no misconduct, after completing any required consultation with a sponsor and after consulting with the respondent, the Provost will undertake reasonable efforts to restore the respondent's reputation.

Depending on the particular circumstances, the Provost should consider notifying those individuals aware of or involved in the investigation of the final outcome, publicizing the final outcome in forums in which the allegation of scientific or other scholarly misconduct was previously publicized, or expunging all reference to the scientific or other scholarly misconduct allegation from the respondent's personnel file. Any institutional actions to restore the respondent's reputation must first be approved by the President.

Protection of the Complainant and Others
Regardless of whether the institution or ORI determines that scientific or other scholarly misconduct occurred, the Provost will undertake reasonable efforts to protect complainants who made allegations of scientific or other scholarly misconduct in good faith and others who cooperate in good faith with inquiries and investigations of such allegations. Upon completion of an investigation, the President will determine, after consulting with the complainant, what steps, if any, are needed to restore the position or reputation of the complainant. The Provost is responsible for implementing any steps the President approves.  The Provost will also take appropriate steps during the inquiry and investigation to prevent any retaliation against the complainant.

Allegations Not Made in Good Faith
If relevant, the President will determine whether the complainant's allegations of scientific or other scholarly misconduct were made in good faith. If an allegation was not made in good faith, the President will determine whether any administrative action should be taken against the complainant.

Interim Administrative Actions
Institutional officials will take interim administrative actions, as appropriate, to protect Federal funds and ensure that the purposes of the Federal financial assistance are carried out.