Update to Conditional Approval of Policy 13.13: Research Misconduct

In the previous meeting, we conditionally approved Policy 13.13 (Docket # 1542) with the addition of the following language to the Procedures:

"Where reasonable, when the respondent admits misconduct, the proposed settlement should focus on correction and rehabilitation rather than discipline."

Instead, they propose the following language:

"Where reasonable, given the facts and severity of the situation, when the respondent admits misconduct, the proposed settlement should focus on correction and rehabilitation or discipline."

This still had the problem that the "or" at the end negates what we asked for with the "should." 

I suggested the following language which they felt was acceptable.  Lisa (from RSP) is planning to run the language by the Provost and the University Attorney.  If that is approved prior to our meeting on Monday, we could move to accept the policy with this new langauge being in the Practices.  If we keep the langauge as conditional, it would also work if that other approval is still in progress.

Newest language under consideration:

"In determining a course of action (correction and rehabilitation, discipline, or a combination thereof), the Deciding Official shall attempt to reasonably balance the facts and severity of the situation, the recommendations (if any) of the Investigative Committee, and whether the respondent is willing to take responsibility for the infractions."

If it is not accepted, we may have to wait until Fall for final approval of the Policy.