Some Things to Think About

1
Research Misconduct
CIPP 909 Research Ethics February 11, 2009
2
Some Things to Think About

• Which aspects of a given situation constitute
  Research Misconduct?
• How does Research Misconduct affect research? The
  scientific record?
• How does Research Misconduct affect the scientist
  as Respondent? As Complainant?

3
Some More Things to Think About

• What regulations apply to Research Misconduct?
• How is Research Misconduct routinely managed?
• What steps can be taken to avoid Research
  Misconduct?
• How should the effects of Research Misconduct be
  minimized or eliminated?

4
Federal Register January 23, 2009 (Volume 74,
Number 14) Notices Page 4201-4202 From the
Federal Register Online via GPO
Access DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary Findings of Scientific
Misconduct AGENCY Office of the Secretary,
HHS ACTION Notice. SUMMARY Notice is hereby
given that the Office of Research Integrity (ORI)
and the Assistant Secretary for Health have taken
final action in the following case
5
Luk Van Parijs, PhD, Harvard Medical School,
Brigham and Women's Hospital, California
Institute of Technology, and Massachusetts
Institute of Technology Based on the reports of
separate investigations conducted by Harvard
Medical School (HMS)/Brigham and Women's Hospital
(BWH), California Institute of Technology
(CalTech), and Massachusetts Institute of
Technology (MIT) and additional analysis
conducted by the Office of Research Integrity
(ORI) in its oversight review, the U.S. Public
Health Service (PHS) found that Dr. Luk Van
Parijs, former Graduate Student, Department of
Pathology, HMS, former Research Fellow and
Instructor of Pathology, BWH, former Postdoctoral
Fellow, Department of Biology, CalTech, and
former Associate Professor, Department of
Biology, Center for Cancer Research, MIT, engaged
in scientific misconduct in research supported by
National Institute of Allergy and Infectious
Diseases (NIAID), National Institutes of Health
(NIH), grants U19 AI56900, R21 AI49897, R01
AI42100, P01 AI35297, R37 AI25022, R01 AI32531,
National Cancer Institute, NIH, grant R01
CA51462, and National Institute of Environmental
Health Sciences (NIEHS), NIH, grant P30 ES02109,
and National Institute of General Medical
Sciences (NIGMS), NIH, grant R01 GM57931.
6
PHS found that Respondent engaged in scientific
misconduct by including false data in NIAID, NIH,
grant applications R01 AI54519- 01A1, R01
AI54973-01, and R01 AI54973-01A1, NCI, NIH, grant
application 2P30 CA14051-34, and National
Institute of Diabetes and Digestive and Kidney
Diseases (NIDDK), NIH, grant application R21
DK69277-01. Specifically, PHS found that
Respondent engaged in scientific misconduct by
including false data in seven published papers,
three submitted papers (with two earlier versions
submitted for one of these), one submitted book
chapter, and multiple presentations as
follows 1. While at HMS/BWH, Dr. Luk Van Parijs
falsified the expression of IFN-gamma and
KJ-126 in flow cytometry dot plots for the
immunized, naive, tolerized and tolerized IL-12
experimental groups in Figure 4, JEM
1861119-1128, 1997, by using the same
non-stained cell population in the lower left
quadrant to falsely represent CD4 T cells
negative for IFN-gamma and KJ-126 in each
experimental group. 2. That Dr. Luk Van Parijs
falsified the expression of different proteins in
flow cytometry dot plots in Figure 1, Immunity,
8265-274, 1998, in Figure 1C, Immunity,
11281-288, September 1999, and in Figure
7

• Dr. Van Parijs has entered into a Voluntary
  Exclusion Agreement in which he has voluntarily
  agreed, for a period of five (5) years, beginning
  on December 22, 2008
• to exclude himself from any contracting or
  subcontracting with any agency of the United
  States Government and from eligibility or
  involvement in nonprocurement programs of the
  United States Government referred to as covered
  transactions'' pursuant to HHS' Implementation (2
  CFR Part 376 et seq.) of OMB Guidelines to
  Agencies on Government wide Debarment and
  Suspension (2 CFR, Part 180) and
• (2) To exclude himself from serving in any
  advisory capacity to PHS, including but not
  limited to service on any PHS advisory committee,
  board, and/or peer review committee, or as a
  consultant.
• FOR FURTHER INFORMATION CONTACT Director,
  Division of Investigative Oversight, Office of
  Research Integrity, 1101 Wootton Parkway, Suite
  750, Rockville, MD 20852, [phone].
• Dated January 14, 2009. Chris B. Pascal,
  Director, Office of Research Integrity. FR Doc.
  E9-1453 Filed 1-22-09 845 am

8
Conscience is the inner voicewhich warns us
thatsomeone may be looking.
-H L Mencken
9
Research Integrity

• Further knowledge
• Benefit society
• Responsible science

10
Responsible Research
Research Misconduct
Irresponsible Research
11
Categories of Scientific Misconduct

• Fabrication making up experiments, data
• Falsification changing results, data without
  statistical justification
• Plagiarism appropriating the words or ideas of
  another and presenting them as ones own

12
(No Transcript)
13
What Research Misconduct Is Not

• Example 1 Simply illegal, improper or
  unacceptable behavior
• Example 2 Honest error
• Example 3 Disagreement based on honest
  differences of opinion
• Example 4 Simply authorship disputes
• Example 5 Arguably unethical behavior
• Example 6 Sloppy science

14
Fuzzy Areas

• Questionable data selection (including image
  manipulation)
• Self-Plagiarism
• Failure to correct the scientific record

15
Pretty Pictures
Image Preparation/Manipulation
16
UMB Definition(academic misconductmisconduct in
scholarly work)

• Means fabrication, falsification, plagiarism, or
  other practices that seriously deviate from those
  that are commonly accepted within the scientific
  community for proposing, conducting, or reporting
  research or other scholarly work also includes
  any form of behavior, including the making of
  allegations that involve frivolous, mischievous
  or malicious misrepresentation, whereby ones
  work or the work of others is seriously
  misrepresented does not include honest error or
  honest differences in interpretations or
  judgments of data.

17
Definitions

• Allegations
• Complainant (whistleblower)
• Respondent

18
Eric Poehlman
University of Vermont
(and University of Maryland)
19
Process

• Inquiry
• Investigation
• Consequences

20
Whistleblowing
Benefits
Risks

• To ensure that the scientific record is correct
• To comply with regulations
• To prevent future misconduct
• To protect ones own reputation or the reputation
  of another
• To punish wrongdoer

• Allegations are not borne out
• Time, effort and emotion intensive
• Retaliation by respondent or respondents
  institution
• Gain reputation as a trouble-maker

21
Truth and Consequences After making the
difficult decision to turn in their advisor
for scientific misconduct, a group of graduate
students is trying to recover from the resulting
damage to their careers
sciencemag.org/cgi/content/full/313/5791/1222
22
How To Avoid Becoming Involved

• Maintain good records
• Assess the validity of the results
• Collaborate with co-investigators
• Dont take that first step

23
Examples(yes, these are true stories)
24
A Few Good URLs

• www.ori.dhhs.gov
• www.iom.edu
• www.aamc.org
• http//rcr.ucsd.edu
• www.umaryland.edu/research_integrity/misconduct/in
  dex.html