The document is a formal letter from the Council on Governmental Relations (COGR), representing over 140 major research-intensive universities, addressed to the National Science Foundation (NSF) regarding its proposed revision to the Research Misconduct rule (45 CFR Part 689). The COGR commends the NSF for aligning its regulations with the Federal Policy on Research Misconduct, implemented by the Office of Science and Technology Policy in December 2000, and supports the inclusion of both research and science and engineering education activities within the scope of the revised definition.
While generally supportive of the NSF’s efforts to strengthen research integrity, the COGR raises a specific concern about the handling of investigative and adjudicative files related to allegations of research misconduct. The letter advocates for explicitly retaining language in the regulations affirming the confidential status of such files, as outlined in current and supplementary regulations, to ensure alignment with federal policy and to provide adequate protections during ongoing investigations. The COGR proposes adding a clarifying sentence to the regulatory text, underscoring that these files should remain exempt from mandatory disclosure under the Freedom of Information Act and the Privacy Act, to the extent permitted by law. The letter concludes with an appreciation for the opportunity to provide input on the revision process.
