CODE OF PROFESSIONAL ETHICS AND RULES OF CONDUCT
SECTION 1
General provisions
Art. 1 (1) The Code of academic ethics and conduct of the teaching and research personnel and of the students at Spiru Haret University is a set of principles, norms, rules of compulsory moral and professional conduct that must lead the activity of the personnel within the university community, based on the legal provisions in our country, as well as the regulations regarding the European space of higher education and research and the ethics principles accepted by the international scientific community.
(2) The Code has the purpose of defining the ethical framework, in order for the members of the university community to fulfil their tasks professionally, honestly and loyally.
(3) The Code has at the same time the role of setting forth the responsibilities and necessary procedures to be followed in case of breach, with the observance of the legal provisions.
(4) When exercising their functions, all the persons subject to the Code of professional ethics and rules of conduct are bound to observe the fundamental principles and professional standards set forth by the legal regulations.
Art. 2 (1) The observance of the principles, norms and regulations set out by the Code determines the good conduct in the teaching and research activity.
(2) The good conduct in the teaching and research activity excludes, according to the law:
a) the plagiarism of other authors’ publications and results;
b) the incorrect quotation of ideas, works;
c) the dissimulation or elimination of certain information, data, unwanted results;
d) the fabrication of data, information, results;
e) the deliberately distorted interpretation of certain data, information, results and the distortion of the acknowledgements and conclusions;
f) the dissimulation of the conflicts of interests;
g) the replacement of data, results with fictitious data;
h) the deliberately distorted presentation of other research results;
i) the introduction of fake data in the grant or financing applications;
j) the fund embezzlement;
k) the non-registration and non-storage of data and results, as well as their erroneous registration and storage;
l) the lack of briefing the research team before starting a project, with regard to the answers, co-authors, financing sources and associations, rights regarding the research results, royalties;
m) the publication or repeated financing of the same results or projects as elements or sources of scientific breakthroughs;
n) the lack of assessment objectivity;
o) the non-observance of the confidentiality requirements.
(3) The contradictory data, the differences in beliefs, experimental or practical achievement, the data interpretation differences, the differences of opinion are not deviations from the good conduct, but specific factors of the research activity, according to the law.
Art. 3. In the Code herein, the following terms are defined as follows:
a) enquiry- the second stage of a research, subsequent to the investigation, for the purpose of clarifying the circumstances in which a certain fact happened and in order to establish the accountability based on proofs.
b) arbitration- the analysis and decision-making process upon a claim of deviation from the professional ethics and rules of conduct;
c) arbitrator - a duly qualified person, assigned to analyse and inform with regard to the culpability of the person accused of breaching the code’s provisions;
d) good conduct – a set of ethical and professional rules that must be applied with the purpose to accomplish teaching and research activities;
e) data fabrication - the production and presentation of imagined data, that are not obtained by the specific methods of the research;
f) confidentiality - keeping the secret with regard to the research under development or recently accomplished, the project assessment, as well as with regard to the person accused of fraud and the one who submits a claim;
g) conflict of interests - incompatibility of a natural or legal person who has a personal interest influencing the equity of his/her activity in accomplishing, assessing, monitoring and reporting the teaching and research activity and the procurement of advantages, favours, grants or research contracts; the personal interest, according to the legal provisions, includes any advantage of the person, spouse, akins to the 3rd rank or the institution he/she works for;
h) scientific community - group of researchers within the research units/ institutes; broadly, the body of researchers in a country, an area or in the world;
i) deontology - the entirety of the principles and rules of conduct of a profession;
j) error - false representation of a fact, due to the insufficient information, the reduced professional practice or the exaggerated scientific enthusiasm;
k) ethics - the entirety of the rules of conduct associated to a profession, community, society etc.;
l) assessment - the multi-criteria examination of the scientific and teaching activity in an institution, of the human resources within it, using quantitative and qualitative criteria;
m) fraud - deceipt, act of bad faith committed by someone, usually in order to gain profit from infringing the rights of another; the deliberate action of fabricating data and results, forging, plagiarising, the illicit alienation of the research results or any other procedures that are not in compliance with the rules of conduct accepted by the scientific community and that have as purpose the gain of advantages such as scientific prestige, financing, project management, the research reports acceptance etc.;
n) integrity - the teaching and research personnel’s feature of being honest, correct, incorruptible;
o) investigation - the initial stage of a research, started as a consequence of an act of apprehension, with the purpose of verifying whether it has a real base;
p) notification - the written communication addressed to a person, with the purpose of notifying that a legal act or fact was accomplished or is going to be accomplished;
q) paternity - authoring a scientific product;
r) plagiarism - the misappropriation of a person’s ideas, methods, procedures, results, texts etc by another person who presents them as being his/her own;
s) scientific product - publication, patent, technology, computer science programme etc., obtained as a result of the research activity and that makes the object of the intellectual property right;
t) accountability - the obligation to do something, to be responsible for and to accept and bear the consequences if the obligations have not been complied with;
u) professional standard - norm or norms that regulate the rules of conduct of the personnel within the education and research.
Art. 4 (1) The spouses, next akins or relatives to the 3rd rank cannot hold simultaneously positions so that one of the persons should be in a management, control, authority or assessment position at any level within the University in relation to another person, according to the law.
(2) The spouses, next akins and relatives to the 3rd rank cannot be assigned to examination commissions within the University, to assessment commissions, PhD commissions whose decisions might affect their spouses, next akins or relatives, according to the law.
SECTION 2
Fundamental principles
Art. 5. The teaching and research activity must be governed by the following fundamental principles, according to the law.
a) The principle of dignity, according to which the teaching and research personnel has the obligation to develop their activity showing respect towards the live beings, especially towards the human beings;
b) The principle of autonomy: the teaching and research personnel have the freedom to develop their knowledge, abilities, to have their own options in the professional and scientific evolution, to research and capitalise the obtained results, with the observance of the legal regulations;
c) The principle of integrity, according to which the teaching and research personnel have the obligation to develop their activity with honesty, correctness, good fellowship.
d) The principle of benevolence - according to which the teaching and research personnel have the obligation to promote those activities which produce social and/or economic advantages, analysing the benefits, prejudices and risks, with the purpose to obtain optimal results;
e) The principle of prudence, according to which the teaching and research personnel have the obligation to analyse carefully the risk of the activity developed, its results and consequences.
Art. 6. The compulsory norms set at a national and international level add to the fundamental principles underlying the activity of higher education and research activity.
These refer to:
a) the human rights;
b) the equality of chances and the non-discriminatory attitude, as well as the positive discrimination of the under-privileged groups;
c) the freedom of expression and information;
d) the freedom of research;
e) the observance for property in general and intellectual property in particular;
f) the consumers protection;
g) the protection of the personal data, including the genetic data;
h) the environment protection;
i) the animal protection.
SECTION 3
Professional standards and responsibilities
Art. 7. (1) The respect for the professional standards is, according to the legal provisions, an obligation and it is a guarantee of the rules of conduct of the teaching and research personnel.
(2) The knowledge process is based, under the laws, on the freedom of the development of the teaching and research personnel’s activity.
(3) The basis of the development of the teaching and research activity is the respect for individual integrity, cultural diversity and for the variety of opinions emerging and manifested in science.
(4) The freedom of the development of the teaching and research activity is assured, under the laws, by:
a) free access to the information sources;
b) free exchange of ideas and opinions;
c) the non-interference of the political factor in the teaching and research activity;
d) the non-censorship of the scientific products.
(5) The personnel within the teaching and research higher education shall have such a conduct that should enhance and develop the trust of the public opinion in the honesty and correctness in developing these activities. Therefore, the personnel must not accept presents, favours, material advantages or other inadequate advantages, rejecting any attempt to influence the deviation from the rules of conduct.
(6) The cooperation and good fellowship are values that must be promoted amongst the personnel, ensuring the protection against fraud risks and scientific errors, the results transparency, leading to the increase of the value of the scientific products. The cooperation must allow the exchange of ideas, the constructive criticism and mutual assessment of results, according to the law.
Art. 8. The teaching and research personnel shall reject any potential conflicts of interests.
To such purpose, the personnel has the following duties, according to the law:
a) to inform with regard to the financial interests relevant for the research activity;
b) to provide, upon request, information regarding the implication in organisations whose political or religious values might influence the research activity;
c) to declare immediately the conflict of interests in which he/she might get involved and to clarify his/her position in such a situation.
Art. 9 (1) In the teaching and research activity, according to the legal provisions, the relations between the teaching and research personnel must be based on correctness, collaboration, mutual respect and professional solidarity.
(2) The teaching and research personnel shall be aware of the objectives of the Research and Development National Strategy and shall contribute to their accomplishment.
(3) The teaching and research personnel must know and comply with all the regulations regarding the intellectual property rights.
(4) The teaching and research personnel must have a proactive attitude to the society and to contribute to the application of the results obtained for the benefit of the society.
(5) The teaching and research personnel and the University have the responsibility for the correct and efficient use of the financial resources.
SECTION 4
The Commission for Academic Ethics
Art. 10 (1) According to the law, there is a Commission for academic ethics within the university.
(2) The structure and members of the commission for academic ethics are proposed by the Administration Board, endorsed by the University Senate and approved by the Rector, according to the law.
(3) The members of the commission for academic ethics are persons notorious for their professional achievements and moral authority.
(4) The persons occupying the following positions cannot be members of the commission for academic ethics:
a) Rector;
b) Vice-rector;
c) Dean;
d) Vice-dean;
e) Administrative Manager;
f) Head of institute/ research unit;
g) Head of department.
Art. 11. The commission for academic ethics has the following prerogatives, according to the law:
a) to analyse and solve any violations of academic ethics, based on claims;
b) to contribute to the elaboration of the Code of academic ethics and conduct;
c) to accomplish the duties set forth by Act no. 206/2004, with the subsequent amendments and completions;
d) to draw up an annual report on the observance of the university ethics which shall be submitted to the Rector, the Administration Board and University Senate. The report is public;
e) to fulfil any other assignments established by the legislation of the University Charter.
Art. 12 (1) Any person within the University or outside it can submit a claim to the Commission for academic ethics about any violations committed by the members of the university community.
(2) The identity of the author of the notice is maintained confidential by the commission for academic ethics, in compliance with the law;
(3) Upon submission of a claim, the commission for academic ethics starts the procedures set forth by the Code of academic ethics and conduct and Act no 206/2004, with the subsequent amendments and completions.
(4) The decisions of the commission are approved by the Head of the Affairs in Litigation Department of the University, according to the law.
(5) The Commission for academic ethics notifies the results of the research to the author of the notice within 5 days since the completion of the process.
(6) The University is accountable for the decisions and activity of the commission for academic ethics.
SECTION 5
Procedures for the settlement of disputes
Art. 227 (1) The University must have, according to the law, investigation commissions within the commission for academic ethics. These commissions shall be activated when the rules of conduct in education and research are violated.
(2) The violation of the rules of conduct in education and research are observable within 2 consecutive stages:
a) the investigation
b) the enquiry.
(3) The investigation and enquiry teams, formed of arbitrators who cannot be part of both commissions, are approved by the University management after due proposal by the commission of ethics, according to the law.
(4) The investigation, as the first stage of the research, has the role to observe the facts regarding the violation of the rules of conduct.
(5) The investigation begins in maximum 7 working days since receiving the notice, subsequent to informing in written the person/persons suspected to have violated the rules of conduct.
(6) The investigation begins with the presumption of innocence of the person/ persons suspected to have violated the rules of conduct, ensuring the protection of the person/ persons who had taken notice.
(7) The investigation is over in maximum 30 days, with a report of the investigation commission that has to decide if the notice is valid or not. The report is issued to the University management and then to the enquiry commission.
(8) The enquiry starts in 7 days since the University management has approved the investigation commission’s report.
(9) The enquiry, with a duration of maximum 30 days is developed based on hearings, evidence registration and other specific means, according to the law.
(10) The enquiry is developed ensuring the protection of the person/ persons suspected to have violated the rules of conduct and the person/ persons who has/ have issued the notice, with the aim to protect the University’s reputation.
(11) The enquiry ends with a report of the enquiry commission, issued to the management of the University. If a violation of the rules of conduct is observed, the report shall contain recommendations and proposals for sanctions, according to the law.
(12) The University management communicates the results of the research and the sanctions, if applicable, to the person/ persons suspected to have violated the rules of conduct in maximum 3 days from the approval of the enquiry commission’s report, according to the law.
(13) The person found guilty may address the Council for academic ethics and management, who analyses the litigation and makes recommendations for the settlement and/ or solution application, which are notified to the petitioner and to the University management, according to the law.
SECTION 6
Sanctions
Art. 14. (1) In case of violation of the rules of conduct by the teaching, research personnel or the students, the commission for academic ethics establishes one or more sanctions in compliance with the legal regulations or the Code of academic ethics and conduct.
(2) The sanctions also have the role to prevent the cases of violation of the rules of conduct of the teaching and research personnel or the students, to protect and maintain the University’s reputation.
(3) The sanctions applicable to the teaching and research personnel or to the students are disciplinary sanctions, according to the law.
(4) The sanctions applicable to the teaching and research personnel by the commission for academic ethics are:
a) written notice;
b) the cut of the basic salary, cumulate, if applicabled, with the management, counselling and control indemnity;
c) the temporary suspension of the right to register for examination-based filling-in for a superior teaching position or for a management, counselling and control position, as a member of a bachelor degree, master or PhD commission;
d) the dismissal from the teaching or research management position;
e) the disciplinary termination of the employment contract.
(5) The sanctions applicable to the students and PhD candidates by the commission for academic ethics are:
a) written notice;
b) expulsion.
(6) The sanctions set by the commission for academic ethics are applied by the dean or the Rector, where the case may be, within 30 days from the decision, in compliance with the law and the University Charter.