Current through Register Vol. 41, No. 3, September 23, 2024
A. The HSRRC
shall establish procedures and rules of operation necessary to fulfill the
requirements of this chapter.
B.
The HSRRC shall review all submitted research proposals for the following:
1. Completeness, including:
a. Researcher information:
(1) Name of principal researcher;
(2) Affiliation;
(3) Mailing address;
(4) Telephone number;
(5) Email address;
(6) Names of all other researchers
participating in the research project;
(7) Name of research project supervisor or
advisor, if different from principal researcher;
(a) Telephone number;
(b) Email address;
(8) Funding source; and
(9) Curriculum vitae of principal researcher,
all persons named as researchers; and research project supervisor or
advisor.
b. Research
proposal information:
(1) Date research
proposal submitted to HSRRC;
(2)
Title of research proposal;
(3)
Purpose of research proposal;
(4)
Methodology;
(a) Research design;
(b) Sampling methods;
(c) Methods of analysis;
(5) Discussion of the research proposal in
the context of relevant literature;
(6) Discussion of the benefits to the
Department of Corrections as well as the field of study;
(7) Copies of any surveys or instruments to
be used;
(8) Voluntary informed
consent forms;
(9) Timeline for the
research project;
(10) Department
of Corrections resources required (e.g., personnel, supplies, materials,
equipment, workspace, access to participants, and files); and
(11) External Institutional Review Board
(IRB) approval, including academic IRBs, research group IRBs, and government
IRBs; all external IRB approvals must be received before the HSRRC will
initiate review of a submitted research proposal.
c. Letters of endorsement.
2. Compliance with this chapter,
all applicable Department of Corrections operating procedures, and all
applicable state and federal laws and regulations. Compliance includes:
a. The researcher's ability to obtain the
appropriate security clearances to enter an organizational work unit.
b. The researcher's adherence to an
organizational work unit's standards for appropriate attire, including dress or
wardrobe, jewelry, hair, grooming, body piercings, and tattoos.
c. The researcher's ability to pass an
organizational work unit's security screening process for contraband, including
weapons of any kind, alcohol, drugs of any kind, cellular phones, other
electronic devices, tobacco products, including lighters and matches, and any
other items deemed as potentially adversely impacting the safety and security
of the Department of Corrections, organizational work unit, department staff,
research participants or other inmates, probationers, parolees, and other
individuals under the supervision of the Department of Corrections, the
researchers, or the general public.
d. The researcher's completion of Prison Rape
Elimination Act (PREA) training and any other Department of Corrections
required training for vendors and volunteers.
3. Adherence to basic research standards,
including:
a. Credentials. The principal
researcher shall have academic or professional standing in the pertinent field
or job-related experience in the areas of study or be directly supervised by
such a person.
b. Ethics. The
research shall conform to the appropriate standards of ethics of professional
societies such as the American Psychological Association, the American
Sociological Association, the National Association of Social Workers, or other
equivalent society.
c. Protection
of rights. The principal researcher is responsible for the conduct of the
principal researcher's staff and assumes responsibility for the protection of
the rights of participants involved in the research project.
d. Confidentiality or anonymity. Research
project information given by participants to the researcher shall be
confidential or anonymous depending on the study design. This does not preclude
the reporting of results in aggregated form that protects the identity of
individuals, or the giving of raw data to the Department of Corrections for
further analysis. The confidentiality of any such raw data shall be monitored
by the department. Persons who breach confidentiality or anonymity shall be
subject to sanctions in accordance with applicable laws, policies, and
procedures.
e. Participant
incentives. The opportunity to participate in research is considered sufficient
incentive for participation. The offering of additional incentives is
prohibited without specific written approval from the Director of the
Department of Corrections or designee. Sentence reduction or pecuniary
compensation are always prohibited as incentives.
4. Determination if the research proposal is
subject to the human research review requirements of §§ 32.1-162.16
through 32.1-162.20 of the Code of Virginia.
5. Agreement with Department of Corrections
research procedures.
a. The principal
researcher and research project supervisor or advisor must submit a separate,
signed written research agreement when submitting the research proposal
indicating that the principal researcher, research project supervisor or
advisor, and all other researchers and staff under their supervision who are
associated with the research project have read, understand, and agree to abide
by Department of Corrections research procedures.
b. The research agreement shall establish a
timeline for the research project and the specific date when the principal
researcher shall submit the final report to the HSRRC.
c. In the case of student research, the
student's academic advisor must sign the research agreement indicating
endorsement of the research project.
C. After reviewing each submitted, complete
research proposal, research agreement, and accompanying documentation, the
HSRRC will vote to approve or deny the research proposal.
D. A research proposal shall be approved by
the HSRRC when a majority of the quorum of the HSRRC votes to approve the
research proposal.
E. If a research
proposal is denied, the HSRRC shall notify the principal researcher of all
reasons for denial and any requested clarifications, edits, updates, or
additions that can be made to the research proposal. The principal researcher
may resubmit a revised research proposal with these requested clarifications,
edits, updates, or additions. The HSRRC will then review the resubmitted
revised, complete research proposal in accordance with
6VAC16-20-50 B.
F. Upon approval of a research proposal by
the HSRRC, the HSRRC shall prepare a research brief summarizing the research
proposal with any comments. The research brief will be provided to the Director
of the Department of Corrections or the director's designee for review and
approval.
G. Upon approval of the
research brief by the Director of the Department of Corrections or the
director's designee, the HSRRC shall provide an approval memorandum and
necessary information describing the research project to the organizational
work unit head, regional operations chief, and principal researcher.
H. The HSRRC shall retain a separate
electronic file for each submitted research proposal. Each electronic file
shall contain:
1. The original submitted
research proposal;
2. The research
agreement;
3. Any accompanying
documentation;
4. Any resubmitted
revised research proposals;
5. The
research brief;
6. The approval
memorandum;
7. Any progress
reports;
8. The final report;
and
9. All communication between
the HSRRC, principal researcher, research project supervisor or advisor, the
Director of the Department of Corrections or the director's designee, regional
operations chief, and organizational unit head pertaining to the research
project.
I. At the time
the research agreement is signed, the HSRRC shall establish due dates for
progress reports to be provided by the principal researcher. These progress
reports will inform the HSRRC of the status of the research project and any
difficulties encountered that might delay or preclude completion of the
research project.
J. The HSRRC
shall establish research priorities consistent with the needs of the Department
of Corrections.
K. The HSRRC shall
regulate the number and timetable of research projects so as to not disrupt the
normal functioning of any Department of Corrections operational work
unit.
L. Upon receipt of a
complaint from an organizational unit head or participant, the HSRRC will
investigate to determine if there has been a violation of this chapter,
Department of Corrections operating procedures, the research proposal, the
research agreement, or any applicable state or federal laws or
regulations.
M. If the HSRRC
determines that a principal researcher, researcher, research project supervisor
or advisor, or staff supervised by them has violated any provisions of this
chapter, Department of Corrections operating procedures, the research proposal,
the research agreement, or any applicable state or federal laws or regulations,
the HSRRC may terminate the research project at any time.
N. The HSRRC shall submit to the Governor,
the General Assembly, and the Director of the Department of Corrections or the
director's designee, at least annually, a report on the human research projects
reviewed and approved by the HSRRC, including any significant deviations from
the approved research projects.
Statutory Authority: § 53.1-10 of the Code of
Virginia.
