Allegations of Misconduct

Africa Journal of Health and Environmental Law (AJHEL)

Promoting Health, Protecting the Environment, Advancing Justice and Sustainability in Africa

The Africa Journal of Health and Environmental Law (AJHEL) is committed to maintaining the highest standards of research integrity, academic honesty, publication ethics, transparency and accountability.

The Journal takes allegations of research and publication misconduct seriously and is committed to handling such allegations fairly, confidentially, objectively and in a timely manner.

This policy applies to authors, reviewers, editors, guest editors and other individuals involved in the publication process.


1. PURPOSE OF THIS POLICY

The purpose of this policy is to establish a clear procedure for:

  • Receiving allegations of misconduct;
  • Assessing credible concerns;
  • Protecting the integrity of the scholarly record;
  • Providing affected individuals with an opportunity to respond;
  • Maintaining appropriate confidentiality;
  • Preventing retaliation against good-faith complainants; and
  • Taking proportionate corrective action where misconduct is established.

2. WHAT CONSTITUTES MISCONDUCT?

For the purposes of AJHEL, research or publication misconduct may include:

  • Plagiarism;
  • Fabrication of data;
  • Falsification of data or findings;
  • Duplicate or redundant publication;
  • Significant undisclosed text recycling;
  • Fabricated references;
  • Fabricated legal authorities;
  • Fabricated medical evidence;
  • Fabricated environmental data;
  • Manipulation of citations;
  • Improper authorship;
  • Gift or honorary authorship;
  • Ghost authorship;
  • Undisclosed conflicts of interest;
  • Copyright infringement;
  • Manipulation of the peer-review process;
  • Breach of reviewer confidentiality;
  • Misuse of confidential research information;
  • Unethical research involving human participants;
  • Misrepresentation of ethical approval;
  • Misrepresentation of research methodology;
  • Misrepresentation of research findings;
  • Deliberate manipulation of research images or figures; and
  • Other serious violations of accepted research and publication ethics.

3. HEALTH AND MEDICAL RESEARCH MISCONDUCT

Because AJHEL publishes health and medical scholarship, allegations may also concern:

  • Fabricated patient information;
  • Fabricated clinical data;
  • Fabricated epidemiological statistics;
  • Falsification of medical findings;
  • Unauthorised use of patient information;
  • Failure to obtain required ethical approval;
  • Misrepresentation of informed consent;
  • Unethical research involving human participants; and
  • Misrepresentation of health or medical evidence.

Such allegations will be treated seriously and may be referred to the relevant institution or ethics authority where appropriate.


4. ENVIRONMENTAL RESEARCH MISCONDUCT

Allegations involving environmental research may include:

  • Fabricated environmental measurements;
  • Falsified climate data;
  • Fabricated pollution results;
  • Manipulation of biodiversity data;
  • Falsification of environmental impact findings;
  • Misrepresentation of environmental assessments;
  • Unauthorised research activities; and
  • Misrepresentation of environmental permits or approvals.

5. LEGAL SCHOLARSHIP MISCONDUCT

AJHEL also recognises misconduct specific to legal scholarship, including:

  • Fabricated judicial decisions;
  • Fabricated legislation;
  • False statutory citations;
  • Misrepresentation of court decisions;
  • Misrepresentation of legal authorities;
  • Fabricated quotations from judgments;
  • Deliberate misrepresentation of legal principles; and
  • Manipulation of legal sources.

Authors are responsible for verifying all legal authorities cited in their manuscripts.


6. WHO MAY REPORT AN ALLEGATION?

A concern may be reported by:

  • An author;
  • Co-author;
  • Reviewer;
  • Editor;
  • Researcher;
  • Academic institution;
  • Legal practitioner;
  • Health professional;
  • Environmental professional;
  • Research participant;
  • Reader;
  • Publisher;
  • Funding organisation; or
  • Any other person with credible information concerning possible misconduct.

7. GOOD-FAITH REPORTING

AJHEL encourages individuals to report legitimate concerns concerning research integrity.

A person who raises a concern in good faith should not be subjected to retaliation merely because the allegation is ultimately found to be unsubstantiated.

However, knowingly making false, malicious or deliberately misleading allegations may itself constitute misconduct.


8. HOW TO REPORT A CONCERN

Allegations should be submitted confidentially to the Editorial Office of AJHEL through the Journal's official communication channel.

Where possible, a report should contain:

  1. Name and contact details of the complainant;
  2. Title of the manuscript or article;
  3. Author name(s);
  4. Description of the alleged misconduct;
  5. Relevant evidence;
  6. Source of the evidence;
  7. Publication details, where applicable;
  8. Relevant dates; and
  9. Any other information that may assist the Editorial Board.

Anonymous reports may be considered where credible evidence is provided.


9. CONFIDENTIALITY

AJHEL will handle allegations as confidentially as reasonably possible.

Information will normally be disclosed only to individuals who have a legitimate role in assessing or resolving the allegation.

Information may be disclosed where necessary to:

  • Conduct a fair investigation;
  • Protect the scholarly record;
  • Consult an author's institution;
  • Consult an ethics committee;
  • Comply with legal requirements; or
  • Take appropriate corrective action.

10. INITIAL ASSESSMENT

Upon receiving an allegation, the Editorial Office may conduct a preliminary assessment to determine:

  • Whether the allegation falls within AJHEL's responsibility;
  • Whether sufficient information has been provided;
  • Whether the concern appears credible;
  • Whether further investigation is necessary;
  • Whether immediate editorial action is required; and
  • Whether the matter should be referred to another institution or authority.

Not every allegation will automatically result in a formal investigation.


11. AUTHOR RESPONSE

Where appropriate, the author or relevant individual will be given an opportunity to respond.

The Editorial Office may request:

  • A written explanation;
  • Original research materials;
  • Data;
  • Research instruments;
  • Ethical approval documentation;
  • Source documents;
  • Permissions;
  • Drafts; or
  • Other relevant evidence.

The response will be considered alongside the available evidence.


12. FORMAL INVESTIGATION

Where a matter requires further investigation, AJHEL may:

  1. Examine the manuscript or published article;
  2. Review similarity and originality reports;
  3. Verify references;
  4. Verify legal authorities;
  5. Examine research data where appropriate;
  6. Review ethical documentation;
  7. Consult independent experts;
  8. Contact co-authors;
  9. Contact the author's institution;
  10. Contact relevant research-ethics bodies; and
  11. Review relevant editorial records.

The scope of an investigation will depend on the seriousness and circumstances of the allegation.


13. INSTITUTIONAL REFERRAL

AJHEL recognises that universities, research institutions and ethics committees may have access to evidence that the Journal cannot independently obtain.

Where appropriate, the Journal may refer allegations to the relevant:

  • University;
  • Research institution;
  • Employer;
  • Research ethics committee;
  • Professional body;
  • Funding organisation; or
  • Competent regulatory authority.

AJHEL may cooperate with legitimate institutional investigations.


14. ALLEGATIONS AGAINST AUTHORS

Where misconduct is alleged against an author, the Editorial Board may:

  • Request an explanation;
  • Request supporting evidence;
  • Suspend editorial processing;
  • Reject the manuscript;
  • Withdraw acceptance;
  • Publish a correction;
  • Issue an Expression of Concern; or
  • Retract a published article.

The action taken will depend on the evidence and seriousness of the matter.


15. ALLEGATIONS AGAINST REVIEWERS

Where misconduct is alleged against a reviewer, AJHEL may investigate concerns involving:

  • Breach of confidentiality;
  • Use of unpublished information;
  • Undisclosed conflicts of interest;
  • Manipulation of peer review;
  • Personal or discriminatory comments;
  • Misuse of reviewer information; or
  • Unauthorised communication with authors.

A reviewer may be removed from the review process and may be excluded from future reviewing for AJHEL where appropriate.


16. ALLEGATIONS AGAINST EDITORS

Where an allegation concerns an editor, the matter should be handled by an appropriate senior editorial authority or independent person who does not have a conflict of interest.

An editor who is the subject of an allegation should not control the investigation or final decision concerning that allegation.


17. PLAGIARISM ALLEGATIONS

Suspected plagiarism will be assessed in accordance with AJHEL's Plagiarism and Academic Integrity Policy.

The Editorial Board may assess:

  • Extent of textual overlap;
  • Nature of the material;
  • Whether attribution was provided;
  • Whether the material represents a central contribution;
  • Whether the overlap is legitimate; and
  • Whether the conduct appears intentional or systematic.

18. FABRICATION AND FALSIFICATION

Where fabrication or falsification is alleged, AJHEL may request appropriate supporting evidence, including:

  • Original datasets;
  • Research records;
  • Statistical outputs;
  • Survey instruments;
  • Interview records;
  • Laboratory records;
  • Environmental measurements;
  • Ethical approvals; or
  • Other relevant research materials.

Where the Journal cannot independently establish the facts, it may refer the matter to the author's institution.


19. DUPLICATE PUBLICATION

Where duplicate publication is alleged, AJHEL may compare the relevant publications to determine whether:

  • The same research has been published more than once;
  • Substantial material overlaps;
  • Previous publication was disclosed;
  • Legitimate secondary publication requirements were satisfied; or
  • Corrective action is necessary.

20. AUTHORSHIP DISPUTES

Authorship disputes should normally be resolved among the authors and, where necessary, through their institution.

AJHEL may request written confirmation from affected authors.

Where an authorship dispute cannot be resolved, the Journal may suspend publication or refer the matter to the appropriate institution.


21. CONFLICTS OF INTEREST

Failure to disclose a significant conflict of interest may constitute a publication-ethics concern.

AJHEL may request disclosure or clarification.

Where an undisclosed conflict affects the reliability or interpretation of a published article, the Journal may publish an appropriate correction or editorial notice.


22. EXPRESSION OF CONCERN

Where a serious allegation concerns a published article but the investigation has not yet been completed, AJHEL may publish an Expression of Concern.

An Expression of Concern informs readers that a legitimate issue concerning the article is under investigation.

It does not, by itself, constitute a finding of misconduct.


23. CORRECTIONS

Where an identified problem is genuine but does not invalidate the article, AJHEL may publish:

  • An Erratum;
  • A Corrigendum; or
  • Another appropriate correction notice.

Corrections are intended to maintain an accurate scholarly record.


24. RETRACTION

An article may be retracted where serious misconduct or a fundamental problem substantially undermines its reliability.

Possible grounds include:

  • Proven plagiarism;
  • Fabricated data;
  • Falsified findings;
  • Serious ethical violations;
  • Duplicate publication;
  • Fabricated legal authorities;
  • Fabricated medical evidence;
  • Fabricated environmental evidence;
  • Manipulated peer review; or
  • Other circumstances that fundamentally compromise the publication.

A retraction notice should explain the reason for the retraction and remain linked to the original publication where technically possible.


25. EDITORIAL ACTIONS

Depending on the circumstances, AJHEL may take one or more of the following actions:

  • Request clarification;
  • Request correction;
  • Require additional disclosure;
  • Request manuscript revision;
  • Reject a manuscript;
  • Suspend review;
  • Withdraw acceptance;
  • Remove a reviewer;
  • Issue an Expression of Concern;
  • Publish a correction;
  • Retract an article; or
  • Refer the matter to an appropriate institution or authority.

26. FAIRNESS AND DUE PROCESS

An allegation is not automatically evidence of misconduct.

AJHEL seeks to ensure that:

  • Credible evidence is considered;
  • Relevant parties are given an opportunity to respond where appropriate;
  • Conflicts of interest are managed;
  • Investigations are conducted objectively;
  • Decisions are proportionate; and
  • The scholarly record is protected.

27. APPEALS

An individual affected by an editorial decision arising from a misconduct investigation may submit an appeal where there are reasonable grounds to believe that:

  • Relevant evidence was overlooked;
  • A significant procedural error occurred;
  • A conflict of interest affected the decision; or
  • New material evidence has become available.

Appeals should be specific, evidence-based and submitted to the Editorial Office.


28. PROTECTION AGAINST RETALIATION

AJHEL does not tolerate retaliation against individuals who raise legitimate research-integrity concerns in good faith.

This protection does not extend to knowingly false, malicious or deliberately fabricated allegations.


29. RECORD KEEPING

The Editorial Office may maintain confidential records concerning:

  • Allegations;
  • Evidence;
  • Correspondence;
  • Investigations;
  • Decisions; and
  • Corrective actions.

Records will be maintained in accordance with applicable legal, ethical and administrative requirements.


30. PUBLICATION OF MISCONDUCT NOTICES

Where appropriate, AJHEL may publish:

  • Corrections;
  • Retraction notices;
  • Expressions of Concern; or
  • Other editorial notices

to protect the integrity of the scholarly record.

Such notices should be factual, clear and proportionate.


31. COMMITMENT TO RESEARCH INTEGRITY

AJHEL is committed to creating a scholarly environment based on:

Integrity • Honesty • Fairness • Confidentiality • Transparency • Accountability • Due Process

The Journal recognises that maintaining research integrity is a shared responsibility involving authors, reviewers, editors, institutions and readers.


CORE PRINCIPLE

AJHEL takes credible allegations of misconduct seriously, investigates them fairly and confidentially, and takes proportionate action where necessary to protect the integrity of the scholarly record.


Africa Journal of Health and Environmental Law (AJHEL)
Published by Prime Crest Publishers

Promoting Health, Protecting the Environment, Advancing Justice and Sustainability in Africa