Ensuring scientific integrity in research: Aspects of fairness and justice

The procedures established by the Public Health Service and the National Science Foundation reflect an inclination to keep lawyers and legalistic procedures out of scientific misconduct cases. Although misconduct cases resolved at the agencies’ Washington headquarters probably reflect a greater degree of concern with due process, their published procedures require institutions to resolve misconduct cases with virtually no guidance as to the demands of procedural due process.

A number of deficiencies in the handling of misconduct cases under PHS rules at the institutional level are discussed anecdotally on the basis of the author's experience in representing both whistle blowers and accused scientists in misconduct cases.

It is inevitable that some misconduct cases will be heard by the federal courts, and that some of the legalistic trappings of due process will be imposed by the courts. Lawyers and scientists should work together to develop techniques for resolving cases in a way that meets due process requirements without smothering science in a legalistic straight‐jacket.