By Keith
McDowell
To disclose or
not to disclose! Such is the dilemma facing faculty members who pursue
scholarly activity and scientific research and look to publish their findings
in the public sector. And what exactly is it that they are supposed to
disclose? Does private ownership of the stock in a company related to one’s
area of research count? How about a mutual fund? And what about reimbursed
travel expenses for service on a foundation board whose dictums and pronouncements
affect public policy? Do cheap pencils, pens, calendars, knickknacks, trinkets,
and T-shirts with logos given as gifts count? And why should anyone care about
such activities?
No one in our
modern society wants published research results to be biased, tainted, or
manipulated, especially if such behavior is driven by monetary, political, or
religious reasons. Otherwise, one’s own personal health could be at risk from
faulty medical procedures or environmentally unsafe practices.
But how do we in
the body politic know if such countervailing influences to the general welfare
of society are present? How do we know if a researcher has a potential or a
real “conflict of interest” between the general welfare and their private and
professional gain? The rules of the game are simple. Faculty members must
disclose such activities annually or when a change occurs.
Full and
complete transparency at all times in the pursuit and publication of research is
the mantra of our era and the only operational principle worthy of
consideration. While the actual determination of a potential conflict of interest
– known as COI to insiders –both before and after the fact can be tricky and
couched in legal maneuvers and language, the perception of a conflict is a simple
matter easily determined by the general public. If it looks like a conflict, it
is as far as the public is concerned.
But all across
the United States, too many university administrators and too many faculty
members in particular still don’t get it. For them, privacy trumps
transparency. For them, it’s a real bother and imposition to keep up with all
those foundation visits, externally paid-for travel receipts, consultant
checks, and board memberships – just to name a few items. And why should they have
to take precious time to report them? Baloney! None of this is hard to do,
takes little time, and we have to keep up with the paperwork in any case for
our own private records and tax purposes. I know! I spent many years doing it.
Let’s be clear!
ALL such activities by university personnel must be regularly reported in an
open and transparent manner to the university and the disclosures processed by
the university for a possible COI to be managed, including the curtailing of
some activities. Even if determined not to be a COI, such activities should
continue to be reported to satisfy the transparency principle.
But to be fair,
balanced, and reasonable while hewing to the transparency principle, some have
argued for and put into place thresholds for disclosing certain information.
For example, the National
Institutes of Health (NIH) in 2011 lowered “the monetary threshold at which
significant financial interests require disclosure, generally from $10,000 to
$5,000” according to their website.
So at NIH, you
can be bought for $5,000 but not $4,999.99. What nonsense! Far too many people
in modern society have no scruples and have a price tag. Setting an arbitrary
threshold for disclosure of a potential conflict, no matter how small, is not
viable in today’s society. There is only one threshold for disclosure that
satisfies the transparency principle and that is anything above a value of
zero. The public has a right to know and they demand that right, whether or not
a managed COI has or will occur.
Just ask The
University of Texas at Austin if you don’t believe COI is a sensitive issue. As
reported
in the press, Professor Charles G. Groat and his colleagues published in
February of 2012 a report entitled Fact-Based
Regulation for Environmental Protection in Shale Gas Development that many people consider supportive of
fracking by oil and gas companies as regards any impact on the environment. At
the time
of release, the report was portrayed as an independent study. According to
Groat, “What we’ve tried to do is separate fact from fiction.”
In due course,
it was discovered and reported
by the press that Professor Groat served on the board of Plains Exploration
and Production Company and received $413,000 in compensation for his service in
2011. Subsequent reports indicate that Groat did not fully disclose all of
these activities or his compensation to the university.
Initially, UT
Austin declared that no COI occurred, only a failure to disclose, and that the
report was not biased and no further action would be taken. Cary Nelson, former
leader of the American Association of University Professors, reputedly
declared the incident to be “a huge conflict of interest.” So who is right?
Stay tuned. UT Austin has changed their corporate mind. An independent panel of
experts will review the case and report back to us.
Independent of
the final denouement of the UT Austin fracking case – if there ever is
finality, it is symptomatic of the continuing failure of some in Academe to
come fully to grips with the transparency principle in scholarly activity and
research. That principle requires full and complete disclosure at all times and
for all activities with a reporting threshold of anything having a value
greater than zero. Nothing else will work. Nothing else can be justified to the
American public. And it must be practiced with ruthless efficiency. To do
otherwise is to invite condemnation from the public and exposure by the press.
Unfortunately,
the UT Austin fracking report is now tainted, no matter what the review process
reveals and reports. Sadly, we will never know what impact full and complete
disclosure by Professor Groat before the fact and in the publication itself
would have had on this report and its acceptance. Perception is reality in most
cases and facts are not just facts. It’s a lesson we must all learn in our
modern, fast-paced, 24-hour news cycle.
And in the
spirit of full disclosure, I’m not a fan of fracking, but am not convinced
either way that it is a problem. My dislike is based on the sure knowledge that
perfection is an illusion and that fracking will never be practiced with
perfect fidelity to the best engineering principles. Josh Fox and his Gasland
film should remove any delusions we might have in that regard. And
furthermore, should the practice of fracking really be a part of America’s
solution vector for solving our demand for energy?
One thing I am
sure of. The university community must practice full disclosure and complete
transparency in order to reveal possible conflicts of interest and to protect
the integrity of its research.