On identifying research misconduct respondents.
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Biomedical subjects
Publications and source records attributed to Debra M Parrish.
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Allegations of scientific misconduct against graduate students appear to have unique attributes in the detection, investigation, processes used and sanctions imposed vis-à-vis other populations against which misconduct is alleged and found. An examination of the cases closed by the Department of Health and Human Services' Office of Research Integrity and the National Science Foundation reveals that most of the allegations made against graduate and medical students are for falsification and fabrication. Further, additional processes are used in these cases, e.g., student judicial processes, more students are "set up" and more students admit misconduct. Finally, the sanctions imposed when a finding is made typically involve separation from the institution and the federal sanction ranges from none to debarment. Drawing upon the teachings and circumstances of cases involving graduate student peers is a good vehicle for illustrating the concepts and perils of misconduct to graduate students.
When drawn into other parties' litigation or investigations, journals often receive requests or subpoenas for confidential peer review documents. We describe reasons for such requests and reasons that journals resist producing confidential documents, ways that journals respond, and steps that journals can take to minimize third-party breaches of journals' confidential processes. We discuss legal principles on which resistance may be based in the United States, including the journalist's privilege, the scholar's privilege, the burdensomeness of response, and the Federal Rules of Civil Procedure, which protect against attempts to obtain expert opinion testimony without compensation. Illustrative cases are described in which courts affirmed the confidentiality of peer review conducted by journals.
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