8- The Michigan DailVSummer Weekly - Wednesday, June16,1993
The 'U' confronts scientific fraud
Scientific
plagues
research
By AN DIMASCIO
DALY STAFF REPORTER
Marianne Zorza sat at a desk in
1986 and pecked out a grant proposal
for $300,000. She walked home that
night, mentally mapping out her life
for the next three years. The grant
would pay for her salary, benefits and
travel during that time.
ByDecember,Zorza'smentor,Dr.
L. Cass Terry, informed her that the
grantproposalwould be revoked. Two
months later, he submitted the pro-
posal without Zorza's name or ap-
proval.
Zorza's three-year plans took a
permanent vacation.
Her quandary is typical among
members of the scientific community.
Inacountry where thefederal gov-
ernment spends $227 billion annually
on research, grant money is the bread
of universities and their researchers.
The Zorza case
Zorza worked as aresearch associ-
ateunderDr.L.CassTerry,aprofessor
ofneurology at the Veterans Adminis-
tration Hospital. Terry asked Zorza to
formaproposalfor aNationalInstitute
of Health (NIH) grant. He promised
that if the grant was accepted, Zorza
University President James Duderstadt gestures during a speech in February. MICHELLE GUY/Daiy
would be listed as the "co-principal
investigator."
After transferring Zorza to another
office, Terry told herhehad withdrawn
the proposal.
On Feb. 4, 1987, however, Terry
submitted the proposal - after omit-
ting Zorza's name from the request.
WhenZorzafoundout,shereported
the "misconduct" to the University.
Subsequently, aUniversity committee
headed by pathology Prof. Gerald
Abramslaunchedaninvestigation into
the allegations.
The Abramsreportfoundtthat Terry
"did not deal forthrightly with Zorza,"
butsaidthecause wasmiscommunica-
tionnotmaliciousomission.Thecom-
mittee also confirmed that Terry had
plagiarized data in his reseach.
The committee forwarded the re-
port to NIH for review.
The NIH investigated further.
Zorza sued the members of the
Abrams committee in order to com-
pensate for the defamation resulting
from the circulation of the report.
Washtenaw Circuit Judge Ross
Campbell refused to hear her case,
ruling that the statue of limitations had
passed. The case is now scheduled for
the State Court of Appeals.
Scientific misconduct defined
The University's standard practice
guide outlines a sketch for academic
misconduct.Itcitesfalsificationofdata,
plagiarism, abuse of confidentiality,
dishonesty in publication, deliberate
violation of regulations, property vio-
lations and failure to report fraud as
examplesofmisconductthatcouldspell
the end of a reseacher's career.
After allegations are brought to a
departmentdirector,the directordraws
up an informal investigation. If the
case is deemed to have merit (about
four in the country per year do, said
University President James
Duderstadt), the administration forms
a formal investigative committee with
one outside source contributing. Sub-
jects of such an audit may be sus-
pended or during the investigation.
Whistleblowing
Employees who call an instance of
misconduct to the attention of the Uni-
versity administration -
whistleblowers - ferret out the mis-
deeds of their superiors. The threat of
being fired for such activity is real.
The state and federal governments
enactedwhistleblowersprotectionacts
to protect employees from retaliation.
A conflict arisesdue to the fact that
while whistleblowers are protected by
law, investigators must maintain the
innocence and confidentiality of the
accused.
Internal investigations
After the University issues a report
of its investigation, the report is for-
warded tothe appropriategrant-giving
organization.
If the case is severe or an internal
report is found insufficient, an organi-
zation like the NIH will issue its own
investigation.
DanielSharphom, theUniversity's
assistant general counsel, said he was
not sure how the University would
police itself ifa member of the admin-
istration violated the state
Whisleblowers Protection Act.
Sharphorn explained many levels
of misconduct exist. He said many
cases are caused inadvertantly - a
result of sloppy documentation rather
than malicious intent.
"Most people stop at stop signs ...
but the reality is it (misconduct) does
happen," Sharphorn said.
Since the incident, Zorza has de-
voted her life to completing her case
and aiding otherwhistieblowersinltheir
investigations.
"After this is over, maybe I should
try law school," she said.
Scientist
ends 33-
day hunger
strike
By BRYN MICKLE
DAILY STAFF REPORTER
The federalscientist who usedstar-
vation to bring attention to scientific
misconduct has ended his 33-day hun-
ger strike.
Walter Stewart, of the National In-
Sstitutes of
Health (NIH),
said a combina-
tion of factors
led to his deci-
sion to quit the
strike -prima-
rily Sen. David
Pryor's (D-
Ark.) declara-
tion of support.
Stewart Pryorhajoined
Rep. John
Dingell (D-Mich.) in support of
Stewart's concerns about scientific
misconduct and the federal govern-
ment.
Pryor, who chairs a subcommitte
that oversees the activity of federal
workers, has written a letter to the
Department of Health and Human Ser-
vices (HHS) to request an investiga-
tionintoStewart'sclaimsoffraudcases
involving federal funds - including
formerUniversityresearcherMarianne
Zorza's accusations of scientific mis-
conduct involving the University.
"TheinvolvementofSenator Pryor
exceeded anything we might have
guessed," Stewart said.
The scientist ended his fast at the
point wherehe was approaching physi-
cal harm. He had dropped 30 pounds
and his blood pressure had dipped to
dangerous levels.
Stewartsaidhishungerstrikewould
be resumed by other scientists who
will each fast for one day as a sign of
protest.
Stewart and his partner, Dr. Ned
Feder, remain on leave from the NIH.
They are still unable to access their
files and have been told.their supervi-
sors cannot to talk to them.
Pryorhasrequested HHS'sinvesti-
gative report into the Stewart case by
July 7. This would coincide with a
WashingtonconferenceNIHisco-host-
ing on the subject of plagiarism and
scientific fraud - Stewart and Feder
are forbidden to speak at the confer-
ence.
TheAmericanCivilLibertiesUnion
hasenteredthe fray andwrittenaletter
to NIH expressing concem about the
legality of the gag order.
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