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| Policy
#: |
5202 |
| Subject: |
Policy Statement on Integrity in Research, Scholarly and Creative
Activity |
| Group: |
Institutional
|
| Approved
by: |
Senate |
| Approval
date: |
20 January
2010 |
| Effective
date: |
20 January
2010 |
| Revised: |
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| Administered
by: |
Provost
and Vice-President, Academic & Research |
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| 1. |
Preamble |
The
pursuit of knowledge, ideas, and creativity is fundamental to the work
of the University. This leads to excellence in teaching, research, publication,
and creative output. These activities must be conducted with the highest
degree of rigour, honesty, and ethics. The credibility of individual faculty
members, researchers, students, staff, and the entire University rests
upon this integrity in the pursuit of knowledge, ideas, and creativity.
In order
to protect individuals and the University, policies and procedures are
required both to support integrity in research, scholarly and creative
activity, and to deal with allegations in misconduct in these matters.
The following
document describes the policies and procedures to deal with issues of
integrity and misconduct in research, scholarly and creative activity
at Mount Allison University.
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| 2. |
Scope
and Principles |
| This
policy statement applies to all persons (faculty, researchers, students,
staff, and others) who undertake research, scholarly and creative activity
at Mount Allison University. This policy applies to all research conducted
by those persons regardless of where the research or scholarly activity
takes place, discipline, or funding source. This policy applies to all aspects
of research, scholarly and creative activity, including but not limited
to: the conduct of research; the publication of original work; artistic
creations; performance in the arts or in professional areas; and other activities. |
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| In
the interpretation and enforcement of this policy, the following principles
apply: |
- The
recognition that academic freedom in teaching, research, publication,
and creative practice is fundamental to the work of the University
and important for the common good of society.
- Effective
procedures that ensure fairness to those whose integrity is brought
into question. This includes strict confidentiality for a person
alleged to be guilty of misconduct to minimize the potential damage
that can be done if allegations are ultimately not substantiated.
- Protection
for those who make allegations of misconduct and for those who
may be involved in the investigation of complaints as witnesses.
This involves assurances of confidentiality, and an institutional
commitment to prevent retaliation against those persons.
- This
policy does not apply to research conducted as part of student
course work.
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| 2.1 |
Effect
on Collective Agreements |
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Nothing
in this policy shall be construed as limiting any right that exists
under an applicable collective agreement, or the right of the University
to manage the institution. |
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| 3. |
Definition
of Integrity in Research, Scholarly and Creative Activity |
| Integrity
in research, scholarly and creative activity simply means being honest and
rigourous in the pursuit of new knowledge and creative expression, while
adhering to the specific policies, regulations, procedures, and laws applicable.
More specifically, faculty members, researchers, and other scholars are
responsible for adhering to the following principles, as outlined by the
Tri-Council Policy Statement: Integrity in Research and Scholarship:
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- Recognizing
the substantive contributions of collaborators and students; using unpublished
work of other researchers and scholars only with permission and with
due acknowledgement; and using archival material in accordance with
the rules of the archival source.
- Obtaining
the permission of the author before using new information, concepts
or data originally obtained through access to confidential manuscripts
or applications for funds for research or training that may have been
seen as a result of processes such as peer review.
- Using
scholarly and scientific rigour and integrity in obtaining, recording
and analysing data, and in reporting and publishing results.
- Ensuring
that authorship of published work includes all those who have materially
contributed to, and share responsibility for, the contents of the publication,
and only those people.
- Revealing
to sponsors, postsecondary institutions, journals or funding agencies,
any material conflict of interest, financial or other, that might influence
their decisions on whether the individual should be asked to review
manuscripts or applications, test products or be permitted to undertake
work sponsored from outside sources.
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| 3.1 |
Exploitation of Students |
It
is the policy of the University that there will be no exploitation
of students. This applies to all members of the University community
whether they be faculty, staff, or students. Specific examples of
exploitation would be: |
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- Engaging
students to perform research, scholarly or creative activities
not related to their program of study or outside the scope of
their agreed to involvement in such activities led or directed
by a faculty or staff member, or using human subjects in cases
where individuals might reasonably fear that to refuse would be
detrimental to their interests.
- Failure
to give proper recognition to the ideas, work or assistance of
individuals or to obtain, where appropriate, prior permission
for the use of work done;
- Encouraging
graduate students to prolong research beyond the point where an
acceptable thesis could be submitted, in order to solely further
the interests of the faculty member.
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| 4. |
Definition
of Misconduct in Research, Scholarly and Creative Activity |
Misconduct
in research, scholarly and creative activity concerns intentional deception
or action, in the course of carrying out such activities. Misconduct in
relation to scholarly activity also has degrees of seriousness. Conversely,
misconduct in research, scholarly and creative activity does not include
any matter involving only an honest difference of opinion or an honest
error of judgment. |
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- Fabrication
of data, falsification of results or plagiarism.
- Taking
advantage of one’s privileged access to the work of others, or
the deliberate misrepresentation of one’s own work or that of
others.
- Failure
to comply with applicable federal or provincial statutes, regulations
or guidelines and policies of granting agencies or the university for
the protection of researchers, human subjects, or the health and safety
of the public, or for the welfare of laboratory animals; or failure
to meet other legal requirements (or generally accepted standards) that
relate to the conduct or reporting of research.
- Failure
to reveal any material conflict of interest during review of research
grant applications or manuscripts, and improper reviewing of a research
grant application by another scholar.
- Failure
to reveal any material conflict of interest to the sponsors, the university,
or to those who commission work, including the testing of products for
sale or distribution to the public.
- Failure
to reveal to the university any material financial interest in a company,
organization, partnership or person that contracts with the university
to undertake research, particularly research involving the company’s
products, or to provide research related materials or services. Material
financial interest means ownership, stock holdings, a directorship,
significant honoraria or consulting or other fees or payments, but does
not include minor stock holdings in publicly traded corporations. Such
financial interest may be held or received personally or by any member
of the individual’s family.
- Purposeful
destruction of one’s own research data in order to avoid the detection
of wrong doing; the tampering with or destruction of the research data
of another; or, once the results of the research have been published,
refusal to provide access to the data that resulted in the published
document (without good and sufficient reason), for the purpose of verification
by bona fide academic researchers for a period of five (5) years from
the date of publication.
- Disposing
of intellectual property outside the university without due benefit
to those entitled to some return on the investment in such intellectual
property; or failure to comply with university regulations concerning
the disposal of intellectual property, equipment, or other resources.
- Failure
to acknowledge the substantive contributions of others, including students,
or the use of unpublished work of other authors without permission,
or the use of archival material in violation of the rules of the archival
source.
- Failure
to obtain the permission of the author before making significant use
of new information, concepts or data obtained through access to confidential
manuscripts or grant applications during the peer review process.
- Attributing
authorship to anyone other than those who have had direct involvement
in the research and who have formally accepted responsibility for the
intellectual content of the published documents.
- Submitting
an article for publication which is substantially identical to one which
has been published previously, except where it is clearly indicated
in the published work that the article is intended to be a republication.
- The intentional
misuse of funds designated for research purposes.
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| 5. |
Responsibility
of Individuals |
The
primary responsibility for integrity in research, scholarly and creative
activity rests with the individuals carrying out these activities. |
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| 6.
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Responsibilities
of Senior Administration |
| The
Tri-Council Policy Statement: Integrity in Research and Scholarship requires
the institution to promote and ensure integrity in research, scholarly and
creative activity. Senior administration, through the Provost and Vice-President,
Academic and Research is responsible for this activity. |
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| 7. |
Procedures
for Promoting Integrity and for Preventing Misconduct in Research, Scholarly
and Creative Activity |
| It
is the policy of the University to promote integrity in research, scholarly
and creative activity. The University will undertake to provide information
sessions on the principles and practices of integrity for faculty, students,
research staff and others when they arrive at the University, and through
regular information sessions thereafter.
The University will also adopt policies on related matters
such as requirements for funding applications, copyrights and patents,
intellectual property protection, and retention of data.
The University also has policies on research ethics and
on animal care.
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| 8. |
Procedures
for Addressing Misconduct in Research, Scholarly and Creative Activity –
Investigations |
| The
following principles apply to allegations and investigations of any allegations: |
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- Regardless
of the specific nature of an allegation, the University has an obligation
to examine each allegation and reach a conclusion.
- Protect
the privacy of the person(s) accused and of the person(s) making the
allegations as far as is possible given the need for due process in
pursuing the enquiry.
- Allow
the accused person(s) due process and full opportunity to respond to
the allegations throughout the investigation through mechanisms consistent
with due process and natural justice. This principle includes the right
of the individual to union representation, if applicable, throughout
the process.
- Ensure
allegations are dealt with as expeditiously as possible without compromising
due process for all involved.
- A file
containing copies of all correspondence, evidence, written summaries
of any meetings or hearings, and a final report, shall be maintained.
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| During
the course of any investigation, it is possible that allegations may be
found to be based on malicious intent on the part of the person bringing
forward the allegations. In such cases, appropriate disciplinary action
shall be followed under appropriate collective agreements. |
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| The
following procedures shall guide the University in addressing misconduct
in research, scholarly and creative activity: |
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| 8.1 |
Allegations |
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| All
allegations of misconduct must: |
•
Be made in writing;
• Specify the misconduct alleged;
• Be signed;
• Be directed only to the Provost and Vice-President, Academic
and Research.
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| Allegations
may be made by any individual party or funding source, including those
within and external to the University. |
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| 8.2. |
Initial, Informal Review and Investigation |
| An
appropriate Dean, chosen by the Provost and Vice-President, Academic
and Research based on the academic unit of the subject of the allegation,
will undertake a preliminary consideration of the allegations based
on the signed complaint and, if needed, conduct an interview with
the complainant.
If, in the judgment of the Dean, there is not sufficient
substance to warrant investigation, the Dean will inform the Provost
and Vice-President, Academic and Research, who will in turn inform
the complainant in writing and no further action will be taken.
If, in the judgment of the Dean, there is sufficient
substance to warrant investigation, the Dean will notify the person
who is the subject of the allegations, in writing, that he or she
is under investigation, and will advise of his or her right to be
accompanied or represented in any meeting concerning the allegations.
Such notification will be within ten (10) working days of receipt
of the allegation. The notice shall include an invitation to meet
with the Dean within fifteen (15) working days of receipt of the
letter. The person who is the subject of the allegations shall be
provided with a copy of the written allegations, with the identification
of the person making the allegations removed for their protection
at this point in the informal investigation.
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| The
Dean will meet with the person who is the subject of the allegations
and determine if the matter can be resolved at this meeting. At this
meeting a resolution may be reached involving any of the following
three conclusions: |
•
That there was no misconduct;
• That misconduct has occurred, but no disciplinary action or
sanctions are warranted;
• That misconduct has occurred, and disciplinary action or sanctions
are warranted. |
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| Refer
to Section 8.4 of this policy document for the steps to be taken for
each possible outcome. |
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| If
a resolution cannot be reached, the Dean will determine if mediation
between the two parties can be used to resolve the allegation. If
the two parties agree, the Dean shall conduct a mediation session
between the two parties within fifteen (15) working days of the original
meeting with the person who is the subject of the allegations. During
the course of the mediation, a resolution may be reached involving
any of the following three conclusions: |
•
That there was no misconduct;
• That misconduct has occurred, but no disciplinary action or
sanctions are warranted;
• That misconduct has occurred, and disciplinary action or sanctions
are warranted. |
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| Refer
to Section 8.4 of this policy document for the steps to be taken for
each possible outcome. |
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| If
a resolution is not reached, then the Dean will inform the Provost
and Vice-President, Academic and Research, who in turn will initiate
a formal investigation. |
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| 8.3 |
Formal
Investigation |
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| The
Provost and Vice-President, Academic and Research will chair an investigative
committee consisting of two additional persons with experience in
the general area of research, scholarly and creative activity involved
in the particular case. The Dean who conducted the initial investigation
shall not be part of the committee. No member of the department or
equivalent unit to which the person subject to the allegations belongs
shall be among the two persons appointed. Persons external to the
University may be appointed if deemed appropriate or necessary, and
they should be active researchers, scholars, or artists in related
fields.
The investigative committee will hold any number
of necessary meetings or hearings to conduct its affairs.
The investigative committee may seek impartial expert
opinions (from outside the University if required), as necessary
and appropriate, to ensure that the investigation is thorough and
authoritative.
All parties will be given ample opportunity to respond
to any allegations or counterallegations. All individual(s) involved
will have the right to be represented or accompanied in responding
to the committee’s investigations, and at any hearings that
are conducted.
The investigative committee will conduct its investigation
as quickly as possible while ensuring due process for all parties
concerned.
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| The
investigative committee may reach one of the following three conclusions: |
•
That there was no misconduct;
• That misconduct has occurred, but no disciplinary action or
sanctions are warranted;
• That misconduct has occurred, and disciplinary action or sanctions
are recommended. |
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| 8.4 |
Actions Resulting from the Investigation |
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| Where
there is a finding that no misconduct has occurred: |
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- The
University will, at the sole discretion of the person subject
to the allegations, ensure that all documentation is either destroyed
or transferred to the accused, except that it will retain the
final report of the investigative committee, which will be a public
document.
- The
University will take such steps as may be necessary and reasonable
to protect and/or restore the reputation and credibility of members
of the University community who are wrongfully accused of misconduct,
including but not limited to, written notification of the decision
to all agencies, publishers or individuals who were informed by
the University of the investigation, or who may have been witnesses
in the investigation.
- The
University will take such steps as may be necessary and reasonable
to protect the individual(s) who brought forward the allegations,
and any of those who provided evidence as witnesses, from retaliation.
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| Where
there is a finding that misconduct has occurred, but no disciplinary
action or sanctions are warranted: |
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- The
University will place a record of the decision in the official
file of the employee subject only to any time limitations imposed
by collective agreements.
- The
University will provide written notification of the decision to
all agencies, publishers or individuals who were informed by the
University of the investigation, or who may have been witnesses
in the investigation.
- The
University will take such steps as may be necessary and reasonable
to protect the individual(s) who brought forward the allegations,
and any of those who provided evidence as witnesses, from retaliation.
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| 8.5 |
Appeals |
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| A
person(s) found guilty of misconduct may appeal any decision by writing
to the university President, outlining the grounds for appeal, within
14 calendar days of receipt of the decision. The President shall appoint
an ad hoc appeal committee of three persons, any of whom may be internal
to or external to the university, and who were not involved in any
way in the original investigation. |
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ACKNOWLEDGEMENT
This policy document is adapted from the policies of Dalhousie University,
Memorial University of Newfoundland and Labrador, St. Mary’s University,
St. Thomas University, and University of Prince Edward Island.
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