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Letter from a number of Dr. Kay's colleagues
to the author of an article in Nature magazine concerning Dr. Kay
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October 22, 1998
Dear Colleague:
Unfortunately, I find your presentation of information in your 27 August issue titled "Arizona professor files lawsuit after being fired for misconduct" to be woefully short of presentation of facts important to this matter. Some of us testified as expert witnesses at a hearing conducted by the University of Arizona and, therefore, know directly of many aspects of the matter. Some of the pertinent facts omitted from your publication include:
1. The major sources of information in the allegations of misconduct by Dr. Kay are two former technicians. One of these technicians is pursuing a multi-million dollar suit against the University of Arizona for exposure to biohazards in Dr. Kay's laboratory. Her case would be greatly strengthened by a finding of mismanagement in Dr. Kay's laboratory.
This
technician admitted under oath to lying to Dr. Kay in written communications about laboratory matters. The other technician (Poulin) refused to testify under oath in the proceedings against Dr. Kay.
2. The notebooks that disappeared were a few kept by the technician suing the University of Arizona. Dr. Kay kept intact all other notebooks, including Poulin's. Several of us have seen these notebooks, and Dr. Kay has made them available to the proper authorities.
3. The elected faculty University Committee with jurisdiction over matters of ethics exonerated Dr. Kay of the charge of scientific misconduct. Nevertheless, the matter was pursued further by the University central administration.
4. The committee that finally upheld the accusations against Dr. Kay had a heavy representation of appointees of the central administration. Although the University of Arizona has a number of faculty members who could be considered Dr. Kay's peers or knowledgeable in her field of research, none of these were chosen to serve on this committee that upheld the accusations against Dr. Kay.
5. No experts in Dr. Kay's area testified against her. However, six individuals recognized for their expertise in appropriate areas reviewed the documentation and either testified (four) or submitted sworn depositions (two). The experts independently and unanimously concluded that there was no credible evidence for scientific misconduct on the part of Dr. Kay.
6. Several years prior Dr. Kay had accused a central administration Vice President of double dipping and other financial irregularities.
7. A central administration request to fire Dr. Kay was refused by her Department Chairman and by the Dean of the Medical School.
We consider the proceedings against Dr. Kay to be of major concern to the entire scientific community as matter bearing on academic freedom, due process in the dismissal of a tenured (Regents) Professor and adherence to University guidelines.
Stanley P. Azen, Ph.D. Paul D. Coleman, Ph.D. Frederick K. Goodwin, M.D. John J. Marchalonis, Ph.D. David R. Soll, Ph.D. Zaven S. Khachaturian, Ph.D.
I approve of the content of this letter as indicated by my signature:
(Signatures here)
bc: Chris B. Pascal, J.D., Office of Research Integrity
Titles and affiliations of individuals signing enclosed letter (to be added to signatures for publication):
Stanley P. Azen, Ph.D.
Professor and Director of Biometry and Clinical Trials
Dept. of Preventive Medicine and Biomedical Engineering
Director, Statistical Consultation Research Center
Senior Investigator, Doheny Eye Institute
University of Southern California
Los Angeles, CA
Paul D. Coleman, Ph.D.
Professor of Neurobiology and Anatomy
Director, Alzheimer's Disease Center
University of Rochester
Editor-in-Chief, Neurobiology of Aging
Rochester, NY
Frederick K. Goodwin, M.D.
Director, Center on Neuroscience, Medical Progress and Society
Professor of Psychiatry
George Washington University Medical Center
Senior Science Advisor to the Director, NIMH
Washington, DC
Zaven S. Khachaturian, Ph.D.
Director, Ronald and Nancy Reagan Research Institute of the Alzheimer's Association
Potomac, MD
John J. Marchalonis, Ph.D.
Professor and Chairman, Dept. of Microbiology and Immunology
Professor of Pathology
University of Arizona College of Medicine
Tucson, AZ
David R. Soll, Ph.D.
Carver/Emil Witschi Professor of Biological Sciences
Professor, College of Dentistry
Director, Program in Cell Motility
Director, Developmental Studies Hybridoma Bank
University of Iowa
Iowa City, IA
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