We fully examined both the University Inquiry and Investigation Reports. Although the Inquiry Report dismissed three of the four allegations, we examined each de novo under the NSF Research Misconduct Regulation. That regulation, consistent with the policy of the Office of Science and
Technology Polici, defines research misconduct as plagiarism, fabrication, and falsification (45 CFR § 689.1 ). Based on our review of both University reports and all material we received and reviewed on the matter, we were satisfied that the University adequately addressed its Allegations 3 and 4 (misusing privileged information and serious deviation from accepted practices) identified in the Inquiry Report. We also determined that these allegations were not issues covered under our Research Misconduct Regulation.
We next considered the University's second Allegation, related to the emails. We reviewed the emails and concluded that nothing contained in them evidenced research misconduct within the definition in the NSF Research Misconduct Regulation. The University had been provided an extensive volume of emails from the Subject and determined that emails had not been deleted. We found no basis to conclude that the emails were evidence of research misconduct orthat they pointed to such evidence.
We concluded that the University adequately addressed its second Allegation.
The research in question was originally completed over 10 years ago. Although the Subject's data is still available and still the focus of significant critical examination, no direct evidence has been presented that indicates the Subject fabricated the raw data he used for his research or falsified his results. Much of the current debate focuses on the viability of the statistical procedures he eniployed, the statistics used to confirm the accuracy of the results, and the degree to which one specific set of data impacts the statistical results. These concerns are all appropriate for scientific debate and to assist the research community in directing future research efforts to improve understanding in this field of research. Such scientific debate is ongoing but does not, in itself, constitute evidence of research misconduct. Lacking any direct evidence of research misconduct, as defined under the NSF Research Misconduct Regulation, we are closing this investigation with no further action.