Responding to Scientific Misconduct Due Process and Prevention

Abstract

THERE is a truism in the law that "due process" consists of whatever process is due in a given situation. The greater the potential effect on an individual's reputation, freedom, or livelihood, the greater must be the due process afforded. In the realm of scientific research, more vigorous enforcement of standards by academic institutions and research facilities will require a corresponding increase in the potency of due process protection. Academic institutions have always enjoyed considerable discretion in matters of governance. The procedures for administrative disciplinary actions are generally spelled out in faculty and student handbooks and typically do not reach the level of due process required in the courts (where criminal and civil penalties may be imposed). In fact, the US Supreme Court recently reaffirmed that if adequate posttermination proceedings are available, "something less than a full evidentiary hearing is sufficient" before terminating the employment of a faculty member at

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