Misconduct Finding Could Impact PubPeer Litigation

Wayne State University’s conclusion that pathologist Fazlul Sarkar committed research misconduct could affect the ongoing legal proceedings related to anonymous critics of his work.

Written byBob Grant
| 3 min read

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WIKIMEDIA, BLOGTREPRENEURIn August 2015, an investigative panel found former Wayne State University pathologist Fazlul Sarkar guilty of multiple instances of research misconduct. This finding, first reported by The Scientist today (October 19), may impact the legal case being prosecuted in the courts now as Sarkar attempts to file defamation suits against people who have commented on irregularities in his published work.

For two years, Sarkar’s attorney, Nicholas Roumel, has been pursuing a legal case in an attempt to learn the identities of anonymous commenters who posted critiques of the pathologist’s publications on the post-publication peer review website PubPeer. To pursue a defamation suit against anonymous commenters who Roumel alleges cost Sarkar a job, he would need to learn the commenters’ identities first.

Earlier this month, the Michigan Court of Appeals considered the constitutionality of unmasking anonymous commenters in this case. During those proceedings, Alex Abdo, an attorney with the American Civil Liberties Union (ACLU) who is representing PubPeer, mentioned the Wayne State investigation. Because the institutional inquiry was not part of the official record the appellate court was able to consider, Judge Elizabeth Gleicher quickly quashed ...

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  • From 2017 to 2022, Bob Grant was Editor in Chief of The Scientist, where he started in 2007 as a Staff Writer. Before joining the team, he worked as a reporter at Audubon and earned a master’s degree in science journalism from New York University. In his previous life, he pursued a career in science, getting a bachelor’s degree in wildlife biology from Montana State University and a master’s degree in marine biology from the College of Charleston in South Carolina. Bob edited Reading Frames and other sections of the magazine.

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