The document is a formal correspondence from the Council on Governmental Relations (COGR), represented by President Katharina Phillips, to Anita Eisenstadt, Assistant General Counsel at the National Science Foundation (NSF). Dated February 20, 2002, the letter addresses the NSF's proposed revision to its Research Misconduct rule (45 CFR Part 689), which aligns NSF’s regulations with the Federal Policy on Research Misconduct issued by the Office of Science and Technology Policy (OSTP) in December 2000. COGR, an association representing over 140 leading research-intensive universities, expresses strong support for the revised framework, commending NSF for integrating new federal definitions and for the inclusion of science and engineering education activities within the scope of “research.”
While generally endorsing the changes, COGR raises a specific concern regarding the confidentiality of investigative files related to research misconduct. The organization advocates for an explicit statement in the regulations to affirm the protected status of such files, aligning with current assurances in both the Supplementary Information of the proposed rule and existing regulations. COGR suggests adding a clarifying sentence to ensure investigative and adjudicative files are exempt from mandatory disclosure under the Freedom of Information Act and the Privacy Act. The letter concludes with appreciation for the opportunity to provide input on the revision, emphasizing the importance of consistent policies that uphold both the integrity and the confidentiality of the research process.
