The purpose of Public Health Service (PHS) regulations regarding scientific research misconduct—and, by extension, related institutional policies and procedures—is to protect the public’s health and safety, promote research integrity, and protect the use of public funds. Thus, the actions imposed even when research misconduct occurs are generally remedial, allowing for the rehabilitation of those scientists who intentionally engaged in fabrication, falsification, or plagiarism. Historically, even in some of the most severe cases of research misconduct, a scientist might be debarred from participating in federally funded research for a period of time but is otherwise able to continue in their chosen profession. In other words, it is not the intention of the federal research misconduct process for scientists’ careers to be significantly derailed or ruined by negative findings. Unfortunately, however, there is a developing trend of universities seeking to revoke the degrees of former students who were found responsible for research misconduct, even years after obtaining their degrees. Even more troubling, courts are ruling in favor of these institutions.
It is important to consider the specifics of what is being discussed here. If a scientist is found to have committed research misconduct in the research that underpins their doctorate, the host institutions may be legally able to revoke the degree. We suspect few in the general public would disagree. As long as the research misconduct process is based upon the principles of natural justice and procedural fairness, a finding of misconduct should be fair and reflect the balance of probabilities in the case.
Importantly, just because universities can revoke degrees for research misconduct does not inherently mean that they can successfully impose this harsh sanction in every research misconduct matter involving a former student. As the Texas Supreme Court noted, an institution must provide a former student with due process before it revokes the degree. Whether there was adequate due process to support degree revocation will depend on a particular matter’s specific facts, including whether the science itself remains valid despite any alleged research misconduct. Experienced counsel can assist scientists in navigating the entirety of the research misconduct process, including issues related to the extreme but now more possible sanction of degree revocation.