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42 U.S.C. 216 and 289b
89 FR 76295, Sept. 17, 2024, unless otherwise noted.
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Subscribe to: 42 CFR Part 93 Subpart C - The Institutional Assessment
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(a) Purpose. An assessment's purpose is to determine whether an allegation warrants an inquiry.
(b) Conducting the institutional assessment. Upon receiving an allegation of research misconduct, the RIO or another designated institutional official must promptly assess the allegation to determine whether the allegation:
(1) Falls within the definition of research misconduct under this part;
(2) Is within the applicability criteria of § 93.102; and
(3) Is sufficiently credible and specific so that potential evidence of research misconduct may be identified.
(c) Assessment results.
(1) An inquiry must be conducted if the allegation meets the three assessment criteria in paragraph (b) of this section.
(2) If the RIO or another designated institutional official determines that requirements for an inquiry are met, they must:
(i) Document the assessment; and
(ii) Promptly sequester all research records and other evidence, consistent with § 93.305(a), and promptly initiate the inquiry.
(3) If the RIO or another designated institutional official determines that requirements for an inquiry are not met, they must keep sufficiently detailed documentation of the assessment to permit a later review by ORI of the reasons why the institution did not conduct an inquiry. Such documentation must be retained in accordance with § 93.318.