Research Misconduct Investigations: Complainant & Respondent Protections
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When an allegation of research misconduct is made, the complainant, respondent, and institution all have certain rights and responsibilities. For example, the institution must analyze the allegations to determine if an inquiry and/or investigation is warranted. It must also report certain information to the appropriate agency or governmental oversight body. Likewise, the complainant must not unnecessarily spread allegations about the respondent, and the respondent must preserve information requested in connection with the inquiry or investigation.
Even if the allegations of misconduct are not substantiated, respondents should take them seriously. The protection of respondents is mandated by the Public Health Service Act Part 493(e). In addition, investigations that are not properly handled could become False Claims Act cases—actions brought by whistleblowers against individuals or institutions in federal district court. During this webinar, former Department of Justice and HHS-OIG attorneys will discuss the following:
- Best practices for respondents accused of research misconduct
- Strategies for maintaining confidentiality
- How to respond to allegations of retaliation during internal investigations
- Case examples
- Common pitfalls in research misconduct investigations
- In-House Counsel
- Compliance Officers
- Managers within Sponsored Programs
- Grant Managers
- Research Integrity Officers
- Business Officers
- Principle Investigators and others involved in research
After this webinar, you will be able to:
- Identify key risk areas in research misconduct investigations.
- Understand litigation risk under the False Claims Act and other laws.
- Identify resources available for further examination of each compliance area addressed.
Serving as Senior Counsel in the firm’s Federal Grants, Health Law, and Litigation & Government Investigations practice groups, Kristen represents universities, non-profit and for-profit organizations facing legal actions under Federal health care and grant regulations in addition to the False Claims Act and Civil Monetary Penalties Laws. Prior to joining the firm, Ms. Schwendinger served for nearly eight years as an attorney and senior counsel in the U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG). [Full Bio]
As of May 2020, Derek is no longer with the firm.
Derek Adams is a former Trial Attorney with the Department of Justice and a partner in the firm’s Litigation and Government Investigations Practice group. Mr. Adams serves as practice lead of the firm’s False Claims Act defense practice, representing universities, health care organizations, and others facing False Claims Act investigations and litigation.
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