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.
In an opinion from March 2023, the Texas Supreme Court held that public universities in Texas can revoke former students’ degrees who were found responsible for research misconduct that was committed while they were students and is related to obtaining their degree. In reaching this decision, the Texas Supreme Court noted that the two institutions at issue had adopted rules that contemplate degree revocation in instances of “academic dishonesty.” The Texas Supreme Court observed that courts applying other states’ laws, such as Ohio, Virginia, North Dakota, New Mexico, Maryland, Michigan, and Tennessee, have also held that universities have degree revocation authority. In fact, a recent ruling from the Court of Gelderland in the Netherlands demonstrates that some universities outside the United States may also revoke degrees based on research misconduct findings. Scientists should be aware of the possibility of this extreme sanction if their work toward fulfilling degree requirements comes into question.
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.
