§ 93.313 Investigation report.

A final investigation report for each respondent must be in writing and include: (a) Description of the nature of the allegation(s) of research misconduct, including any additional allegation(s) addressed during the research misconduct proceeding. (b) Description and documentation of the PHS support, including, for example, any grant numbers, grant applications, contracts, and publications listing PHS support. (c) Description of the specific allegation(s) of research misconduct for consideration in the investigation of the respondent. (d) Composition of investigation committee, including name(s), position(s), and subject matter expertise. (e) Inventory of sequestered research records and other evidence, except records the institution did not consider or rely on; and a description of how any sequestration was conducted during the investigation. This inventory must include manuscripts and funding proposals that were considered or relied on during the investigation. (f) Transcripts of all interviews conducted, as described in § 93.310(g). (g) Identification of the specific published papers, manuscripts submitted but not accepted for publication (including online publication), PHS funding applications, progress reports, presentations, posters, or other research records that allegedly contained the falsified, fabricated, or plagiarized material. (h) Any scientific or forensic analyses conducted. (i) If not already provided to ORI, the institutional policies and procedures under which the investigation was conducted. (j) Any comments made by the respondent and complainant on the draft investigation report and the investigation committee's consideration of those comments. (k) A statement for each separate allegation of whether the investigation committee recommends a finding of research misconduct. (1) If the investigation committee recommends a finding of research misconduct for an allegation, the investigation report must, for that allegation: (i) Identify the individual(s) who committed the research misconduct. (ii) Indicate whether the research misconduct was falsification, fabrication, and/or plagiarism. (iii) Indicate whether the research misconduct was committed intentionally, knowingly, or recklessly. (iv) State whether the other requirements for a finding of research misconduct, as described in § 93.103, have been met. (v) Summarize the facts and the analysis which support the conclusion and consider the merits of any explanation by the respondent. (vi) Identify the specific PHS support. (vii) Identify whether any publications need correction or retraction. (2) If the investigation committee does not recommend a finding of research misconduct for an allegation, the investigation report must provide a detailed rationale. (3) List of any current support or known applications or proposals for support that the respondent has pending with PHS and non-PHS Federal agencies.