WHISTLEBLOWERS
The whistleblower is an essential element in the effort to protect
the integrity of PHS supported research because researchers do not
call attention to their own misconduct. Prior to making an allegation
of research misconduct a whistleblower should carefully study the
policy established by the institution for responding to such allegations
to determine what information should be included in the allegation,
to whom the allegation should be reported, what protections are
provided for the whistleblower, and what role the whistleblower
will play in the ensuing proceedings.
Because of the likelihood of retaliation against the whistleblower,
the PHS regulation obligates institutions to protect "to the
maximum extent possible, the privacy of those who in good faith
report apparent misconduct" and to undertake "diligent
efforts to protect the positions and reputations of those persons,
who, in good faith make allegations." A good faith allegation
is made with the honest belief that scientific misconduct may have
occurred. An allegation is not in good faith if it is made with
reckless disregard for or willful ignorance of facts that would
disprove the allegation.
On the role of the whistleblower in misconduct proceedings ORI
policy states "it is the responsibility of the investigative
body and ORI, not the whistleblower, to ensure that the allegation
is thoroughly and competently investigated to resolution. Therefore,
once the allegation is made, the whistleblower assumes the role
of a possible witness in any subsequent inquiry, investigation,
or hearing. For purposes of the scientific misconduct proceedings,
the whistleblower is not the equivalent of a 'party' in a private
dispute between an 'accuser' and 'accused'."
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Updated
February 21, 2003
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