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You should be able to easily clear up a data discrepancy with a simple explanation. After all, you were the one who put in the hard work and knows the findings of the research. Unfortunately, institutions tend to take allegations of research misconduct very seriously. They need to determine whether it’s an honest error or research misconduct. As the researcher, you need to establish that your actions were an honest error with no intent of misconduct. A skilled research misconduct defense attorney can help you build your case.
Falsification, fabrication, and plagiarism all fall under the statutory definition of research misconduct. Under 42 C.F.R. § 93.234, someone could commit research misconduct during the proposal, performance, review, or reporting phases of research. Honest errors and differences of opinion are not considered research misconduct.
However, honest mistakes don’t qualify under the explanation provided by 42 C.F.R. § 93.103. Accusations of research misconduct must be proven by a significant departure from accepted practices in the field, conduct committed intentionally, and a preponderance of the evidence. The federal rules also distinguish plagiarism from ordinary authorship or credit disputes. Under 42 C.F.R. § 93.227(b), a dispute over who deserves credit for jointly developed research generally does not meet the definition of research misconduct.
Notably, a key element of research misconduct is intent. Researchers facing an inquiry into research misconduct must present documented evidence of an error that wasn’t made knowingly or recklessly.
You may have had the best of intentions and simply made an honest mistake. However, the institution doesn’t know that yet. Rather than taking your word for it, they take a cautious approach. They default to treating a single data-point concern as a red flag for a potentially much larger problem. They respond and investigate first and ask questions later. Unfortunately, this response stems from past bad actors who have brought liability or bad press to their institution. To prevent future repeated experiences, the institutions respond strongly, worrying about the researcher’s actual intent later.
The problem with this approach is that it gives very little credibility or weight to the researcher’s explanation. For many who are facing an allegation or investigation for the first time, this catches them off guard. All of a sudden, their informal or incomplete recording-keeping is called into question. Inconsistencies are viewed with a critical eye, rather than the shorthand of someone who maybe didn’t keep perfect habits day to day. Unfortunately, these inconsistencies could be honest, or they could be the hallmark of someone fabricating or falsifying their data.
Investigators only need to give “due consideration” to the possibility of an honest error. This differs from the “innocent until proven guilty” approach familiar in criminal law. Researchers who don’t take a proactive approach to documenting their methods and mistakes take the risk of not having their story accurately told or considered. This is where a research misconduct defense attorney can help.
Take comfort in knowing that an inquiry or investigation isn’t a final determination. By responding carefully and early, you can have a greater influence on the outcome. Take these steps to establish credibility and preserve the evidence you need to validate your honest mistake.
These steps treat the allegation and investigation with the formality it deserves. It’s a common mistake that researchers attempt to informally explain what went wrong. The problem with this approach is that it can also be interpreted as questionable behavior. Instead of clarifying the honest mistake, the researcher’s actions appear to be an admission or an attempt to cover up the misconduct after the fact.
During the formal investigation, a researcher should advocate for themselves. Hiring an attorney can provide a valuable legal resource for doing that. By hiring a research misconduct defense attorney early in the process, the lawyer has the most flexibility in their representation. Waiting until after the final determination can limit the researcher’s options.
Remember, an allegation, inquiry, or investigation is just the beginning. None of these things means you will automatically be found to have committed misconduct. Many allegations are closed after the initial inquiry and do not proceed to the formal investigation stage. A clearly presented explanation with supporting documentation enabled the institution to confidently conclude the matter. Researchers who get help early are usually in a much stronger position than those who wait until a finding has already been drafted.
A research misconduct defense lawyer can help review the raw data and organize the documentation to effectively address the allegations. They will assist with establishing a clear narrative of what happened and why. They can advise on what to say and not to say while the inquiry is pending. The lawyer can also step in on behalf of the researcher to communicate with the investigator or anyone else representing the institution during the inquiry.
Making an honest mistake and intentionally conducting research misconduct are two different things with very different consequences. Simply making mistakes shouldn’t put you at legal risk. However, you need to be able to show and validate that your actions were a mistake. Being proactive and speaking with an experienced education and research misconduct defense attorney, such as Adam Lamparello, can ensure you have the right documentation to address the inquiry or allegation you are currently facing. His combined experience as both a professor and litigator puts him in the unique position to assist educators facing academic misconduct allegations. Schedule a consultation today to discuss your situation.
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