After ten years of investigation and controversy, the case against Dr. Thereza Imanishi-Kari has finally been resolved. Imanishi-Kari, an immunologist, was accused of scientific misconduct in 1986. After the fifth inquiry into the case, a Department of Health and Human Services (DHHS) appeals panel concluded in June 1996 that the evidence against Imanishi-Kari was insufficient prove that she had intentionally and deliberately fabricated and falsified experimental data and results support a published paper whose scientific accuracy had been questioned. Though the case had previously been reviewed by two institutional and two federal committees, the DHHS appeals panel took a fresh look at the facts. The panel of two lawyers and one scientist heard testimony for twenty-eight days and studied the massive written record prior inquiries had generated. For the first time, Imanishi-Kari was given the opportunity confront and cross-examine the government's witnesses. Current federal policy requires the DHHS Office of Research Integrity (ORI) establish misconduct by a preponderance of the evidence. Thus, prove its charges, ORI had furnish testimony and documents showing it was more likely than not that Imanishi-Kari had knowingly made up or altered experimental data. In a meticulous and lengthy opinion, the panel described the government's evidence against Imanishi-Kari and explained why it fell short.[1] In essence, the ORI and the appeals panel disagreed on the plausible inferences be drawn from Imanishi-Kari's research-related conduct and record keeping. The ORI contended that Imanishi-Kari's disorganized laboratory notebooks and her subsequent difficulty in accounting for various data entries indicated she had probably committed intentional data fabrication and falsification. But in the panel's judgment, the state of the notebooks and her problems in explaining them could just as plausibly be attributed a degree of sloppiness in recording and maintaining data, the anomalies and errors ordinarily found in real life scientific research, and ordinary forgetfulness about events that had occurred years earlier. The opinion analyzes an extensive array of evidence. Two points of disagreement between ORI and the appeals panel concerned the proper inferences be drawn from certain characteristics of Imanishi-Kari's reported data. The ORI contended that Imanishi-Kari had made up or changed data after the fact support the challenged paper. But the appeals panel noted that her notebook data contained many anomalies undermining the paper's conclusions. Why, the panel members wrote, would Imanishi-Kari make up or alter data in a way that would cast doubt on her published conclusions? Similarly, the panel noted that much of the challenged data addressed relatively trivial dimensions of the research. Why, they asked, would Imanishi-Kari report the central data truthfully, with all their flaws, but make up or change data on points of little importance the paper? The appeals panel also was extremely critical of the evidence ORI assembled support its claim of probable misconduct. The panel questioned the quality of forensic evidence offered show the notebook data were inauthentic; moreover, suggestions that the notebook materials were prepared and arranged at different times were not inconsistent with Imanishi-Kari's description of her usual data collection and record-keeping practices. Overall, the panel saw ORI as holding Imanishi-Kari a standard of excellence not found among scientists generally. The panel also faulted ORI for characterizing what was at most careless or negligent conduct as persuasive evidence of deliberate, intentional data manipulation. ORI charged Imanishi-Kari with misconduct because its staff was unconvinced by her explanation for the state of her laboratory materials. In turn, the panel was unconvinced by ORI's own explanation: to sustain the charges against Dr. …
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