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Requirements for Making a Finding of Research Misconduct

42 CFR 93.104

  • There be a significant departure from accepted practices of the relevant research community;
  • The misconduct be committed intentionally, knowingly, or recklessly; and
  • The allegation be proven by a preponderance of the evidence.
NOTE: The Regulation imposes a 6-year time limitation for occurrences of research misconduct to be brought to the attention of an institution or the Department of Health and Human Services (HHS) (see § 93.105 Link to External Site)