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NIH Rule change Re: Whistle blowers - Comments due before June 15
Mon, 19 Apr 2004
Dear friends and colleagues,
A request for comment about NIH proposed new research misconduct rule
See Fed Register:
http://ori.dhhs.gov/multimedia/acrobat/42CFRParts50and93.pdf
The new rule, I believe is meant to protect research institutions
from the effective sting of a knowledgeable whistle blower.
The new rule would redefine whistle-blower as "complainant" and would
limit the role of the complainant. Under the old rule, the whistle-blower
participated in the process helping investigators by leading them to
the evidence, etc.
But as I see it, if the whistle blower is prevented from actively
reviewing the documents submitted by the institution then more than
likely the institutions--that have a financial stake in the research,
whether conducted ethically or unethically--will more than likely not
be inclined to find a basis for the complaint....
We have to try to stop this rule from being adopted since it would
remove even this underutilized safeguard.
The Chronicle of Higher Education notes:
"Institutions would not be required to show reports about their investigations
to whistle-blowers, as current policy dictates, although the institutions
could share the reports if they wished....It clarifies that the complainant
becomes a witness after the initial complaint is filed and does not
control the process" of the investigation... In some cases, he said,
whistle-blowers have sought such influence. Instead, institutions would
retain prime responsibility for conducting investigations, as they do
under the existing rule, the proposal states. Universities would be
allowed to show complainants the reports to check for accuracy, Mr.
Pascal said. " http://chronicle.com/temp/email.php?id=rgogfuaeozsookl435jo0gpag327b58l
The response of the government to the series of research-related scandals
is to remove whatever avenues have been used to promote compliance with
ethical standards.
Vera
Contact: Vera Hassner Sharav
Tel: 212-595-8974
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