Faculty Handbook

Bad Faith

Last updated: 6/19/2009

PROCEDURES CONCERNING ALLEGATIONS OF MISCONDUCT 
IN RESEARCH AND CREATIVE ACTIVITIES (Cont.)

These Procedures were approved by the Board of Trustees on April 11, 1997 and revised June 28, 2002 and June 19, 2009.

a. Complainant or Witness.

(1) Referral for Action. If the RIO, an Inquiry Panel, or an Investigative Committee concludes that a Complainant or witness who is a University employee or student acted in Bad Faith in a Misconduct Proceeding, the matter shall be referred to the appropriate administrator for review. The administrator may deem further action appropriate, including disciplinary action. 

(2) Discipline. The University views Bad Faith by a Complainant or witness who is a University employee or student as grounds for disciplinary action pursuant to applicable University policies, procedures, and contracts, including procedures for challenging or grieving disciplinary action.

b. Panel and Committee Members, Responsible Administrator, RIO.

(1) Investigation. If the VPRGS receives a complaint or report that an Inquiry Panel member, an Investigative Committee member, or a Review Panel member, the Responsible Administrator, or the RIO did not act in Good Faith in carrying out any of his or her duties under these Procedures, the VPRGS will investigate the complaint or report, with advice from the Office of the General Counsel, and in cooperation with the RIO, if the complaint or report is not against or about the RIO. 

(2) VPRGS Action. If the VPRGS concludes that the individual against or about whom the complaint is made did not act in Good Faith in carrying out any of his or her duties under these Procedures, and that the failure so to act had a material adverse impact on any Misconduct Proceeding, the VPRGS shall:

(A) take such action as may be necessary to preserve the integrity of the review of the Allegation, including, without being limited to, replacing the affected individual, abrogating the Misconduct Proceeding so affected and any subsequent Misconduct Proceedings in which the same Allegation was reviewed, and initiating new Misconduct Proceedings to substitute for those abrogated; and

(B) refer the matter to the appropriate administrator for review and such action, if any, as the administrator may deem appropriate, including disciplinary action in instances of Bad Faith.

(3) Discipline. The University views Bad Faith by a member of an Inquiry Panel, a member of an Investigative Committee, a member of a Review Panel, the Responsible Administrator, or the RIO as grounds for disciplinary action pursuant to applicable University policies, procedures, and contracts, including procedures for challenging or grieving disciplinary action.