In a Retraction Watch article, health care counsel Minal Caron discussed proposed guideline revisions from the Canadian Panel on Responsible Conduct of Research (PRCR), including a provision that effectively removes any statute of limitations on investigations into allegations of research integrity violations, such as falsification or fabrication of data. The policy under consideration applies to researchers receiving Canadian federal research funding as well as the institutions administering those funds.
Among the proposed revisions is a change in the definition of an “allegation,” clarifying that an allegation constitutes an assertion of wrongdoing made “at any time,” with no statute of limitations. Minal explains that this language, if enacted, would represent a critical difference from federal regulation in the United States, which generally has a six-year statute of limitations – with exceptions for continuing issues – for pursuing research misconduct.
Another difference between Canadian and U.S. policy lies in the PRCR provision that states: “In determining whether an individual has breached an Agency policy, it is not relevant to consider whether a breach was intentional or a result of honest error. However, intent is a consideration in deciding on the severity of the recourse that may be imposed.”
Minal notes that in the U.S., research misconduct investigation committees often consider honest error claims as a basis for concluding that no research misconduct occurred and that the HHS Office of Research Integrity has recently issued guidance making clear that committees and institutions should review source data carefully before potentially reaching any honest error finding.
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