§ 93.403 ORI review of research misconduct proceedings.

(a) In conducting its review of research misconduct proceedings, ORI will: (1) Determine whether this part applies; (2) Consider the institutional record and determine whether the institutional record is sufficient, provide instructions to the institution(s) if ORI determines that revisions are needed or additional allegations of research misconduct should be addressed, and require institutions to provide the respondent with an opportunity to respond to information or allegations added to the institutional record; (3) Determine whether the institution conducted the proceedings in a timely and fair manner in accordance with this part with sufficient thoroughness, objectivity, and competence to support the conclusions; and (4) After reviewing in accordance with paragraphs (a)(1) through (3) of this section, determine whether to close the case without further action or proceed with the case. (b) If ORI determines to proceed with the case, ORI will: (1) Obtain additional information or materials from the institution, the respondent, complainants, or other sources, as needed; (2) Conduct additional analyses, as needed; (3) Provide the respondent the opportunity to access the institutional record, any additional information provided to ORI while the case is pending before ORI, and any analysis or additional information generated or obtained by ORI; (4) Provide the respondent the opportunity to submit information to ORI; (5) Allow the respondent and the respondent's attorney, if represented, to meet virtually or in person with ORI to discuss the information that the respondent has provided to ORI; (6) Have ORI's virtual or in-person meeting(s) with the respondent transcribed and provide a copy of the transcript to the respondent for review and suggested correction; (7) Close the administrative record following paragraphs (b)(3) through (6) of this section; (8) Provide the respondent the opportunity to access the complete administrative record; and (9) Take any other actions necessary to complete ORI's review of the research misconduct proceedings.