The third-party notification dilemma. Commentary.

Abstract

AbstractIn their report in this supplement on research regulatory systems, Barbara Bierer and Mark Barnes note that, when research misconduct has been detected but not yet proven, the individual with institutional responsibility for oversight of research misconduct investigations “may determine that notification of relevant journals or professional societies and correction or full retraction of implicated papers or presentations is appropriate. In those cases, even when a finding of research misconduct per se has not been made or has not been explicitly stated, the journal, professional society, and their readers or members may draw their own conclusions as to what led to the retraction or correction.” This statement highlights an aspect of the reviewed regulatory schemes that creates vulnerability for institutions of higher education subject to the regulations: while, as the authors suggest, it may be “appropriate” to notify third parties (that is, journals, professional societies, and other academic institutions) of suspected research misconduct, there is no regulatory obligation to provide such a notification, and, in fact, providing early (or any) notification is contrary to the confidentiality provisions of the research misconduct regulations. Moreover, the institution—and individuals acting on behalf of the institution—may face legal exposure for notifying outside entities.