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As the editor of the Journal of Biomedical Results (JBR), I asked Dr. Ell to review a manuscript. Shortly afterward, I received a phone call from Dr. Ell, who said the data that formed the basis of the paper I had asked him to review had been obtained by him while he was a junior faculty member at Best University (BU). Dr. Ell said that he had done that work in laboratory space that was assigned to Dr. Em, a senior colleague who encouraged steadfast allegiance. He had felt obliged to include Dr. Em as an author on his manuscripts, even though Dr. Em contributed no scientific assistance or advice to the laboratory work or to the writing of the papers. All of the data had been obtained with funding provided by Dr. Ell through his own intramural and extramural grants.
When Dr. Ell was leaving BU to assume a more senior position at Ultimate University (UU), Dr. Em had insisted that all of Dr. Ell's research data and materials belonged to Dr. Em. Acting on guidance from BU's university counsel, Dr. Ell left duplicates of the written data behind at BU, and those materials that did not pertain to patient care were relocated with him to UU. Subsequently, Dr. Ell had been notified by one of the medical students who had worked in his laboratory that she was being pressured by Dr. Em and his associates to give them data related to laboratory projects in which she had had a peripheral role when Dr. Ell was at BU. Despite her protests, she was told that she had no choice. After much cajoling and manipulation, she had produced the data.
Those were the data forming the basis of the manuscript I had given Dr. Ell to review for JBR. Dr. Ell told me that he had suggested the medical student contact the dean for student research. When she did, the dean communicated in outrage to the vice chancellor for faculty affairs, who in turn called a meeting-but neither of them would interfere with submission of the manuscript or take any action about the behavior of Dr. Em and his associates. They did insist, however, that the medical student shold be named as an author on the paper. The student was reluctant to be named as an author under these circumstances, but she did not feel she could protest further and mutely acceded to the academic officers' decision.
In summary: I have asked the alleged author of the scientific data to review a manuscript reporting what he states was his work, but was used without his permission, his inclusion as an author, or even an acknowledgment. How can this case possibly be resolved?
QUESTIONS:
- Based simply on Dr. Ell's allegation, is the editor responsible for notifying the authors? the academic officers of the university?
- What verification does the editor require of Dr. Ell's story?
- Should Dr. Ell proceed to prevent this paper from being published? If so, how?
original case presented at a workshop sponsored by the Council of Science Editors
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