[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Notices]
[Page 57739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25065]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Findings of Research Misconduct
AGENCY: Office of the Secretary, HHS.
ACTION: Notice.
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SUMMARY: Notice is hereby given that on October 22, 2018, the U.S.
Department of Health and Human Services (HHS) Debarring Official, on
behalf of the Secretary of HHS, issued a final notice of debarment
based on an Administrative Law Judge's finding of research misconduct
against Rakesh Srivastava, Ph.D., former Eminent Scholar and Professor,
University of Kansas Medical Center (KUMC). Dr. Srivastava engaged in
research misconduct in research proposed or reported in grant
application 1 R01 CA175776-01, submitted to the National Cancer
Institute (NCI), National Institutes of Health (NIH), on June 5, 2012.
The administrative actions, including two (2) years of debarment, were
implemented beginning on October 22, 2018, and are detailed below.
FOR FURTHER INFORMATION CONTACT: Wanda K. Jones, Dr. P.H., Interim
Director, Office of Research Integrity, 1101 Wootton Parkway, Suite
750, Rockville, MD 20852, (240) 453-8200.
SUPPLEMENTARY INFORMATION:
Rakesh Srivastava, Ph.D., University of Kansas Medical Center:
Based on the evidence and findings of an investigation conducted by
KUMC and additional information obtained by the Office of Research
Integrity (ORI) during its oversight review, ORI found by a
preponderance of the evidence that Dr. Rakesh Srivastava (Respondent),
former Eminent Scholar and Professor, KUMC, intentionally and knowingly
submitted extensive plagiarized text in grant application 1 R01
CA175776-01, ``Regulation of Mitochondrial Metabolism by SIRT4,''
submitted to NCI, NIH, to obtain U.S. Public Health Service (PHS)
funds. Specifically, ORI found that the Respondent intentionally and
knowingly plagiarized scientifically significant text from the Specific
Aims and Research Strategy sections of a grant application under review
at NIH into his own grant application, 1 R01 CA175776-01, submitted to
NIH eight months later. Significant text was included in Respondent's
grant application, with plagiarized text accounting for 40% of the
Specific Aims and 50% of the Research Strategy sections.
ORI issued a charge letter making a finding of research misconduct
and proposing HHS administrative actions. Dr. Srivastava subsequently
requested a hearing before an Administrative Law Judge (ALJ) of the
Departmental Appeals Board to dispute the finding. ORI moved for
summary judgment. On September 5, 2018, the ALJ granted summary
judgment in favor of ORI and issued his recommended decision, finding
that Respondent intentionally committed research misconduct by
submitting to NIH a grant application that included plagiarized words,
which included significant text from another principal investigator's
grant application that was contained in the Specific Aims and Research
Strategy sections of the Respondent's grant application without
attribution to the other principal investigator. The ALJ held that
appropriate administrative actions included a two-year debarment from
any contracting or subcontracting with any agency of the United States
Government and from eligibility for or involvement in nonprocurement
programs of the United States Government referred to as ``covered
transactions.'' 2 CFR parts 180 and 376. The ALJ held that it was an
appropriate administrative action to also impose a two-year prohibition
from serving in any capacity to PHS including, but not limited to,
service on any PHS advisory committee, board, or peer review committee,
or as a consultant. Under the regulation, the ALJ's recommended
decision went to the Assistant Secretary for Health, who did not modify
it and forwarded it to the HHS Debarring Official, who is the deciding
official for the debarment. The ALJ decision constituted the findings
of fact to the HHS Debarring Official in accordance with 2 CFR
180.845(c). On October 22, 2018, the HHS Debarring Official issued a
final notice of debarment to begin on October 22, 2018, and end on
October 21, 2020.
Thus, the research misconduct finding set forth above became
effective, and the following administrative actions have been
implemented for a period of two (2) years, beginning on October 22,
2018:
(1) Dr. Srivastava is debarred from any contracting or
subcontracting with any agency of the United States Government and from
eligibility or involvement in nonprocurement programs of the United
States Government referred to as ``covered transactions'' pursuant to
HHS' Implementation (2 CFR part 376) of Office of Management and Budget
(OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension
(2 CFR part 180); and
(2) Dr. Srivastava is prohibited from serving in any advisory
capacity to PHS including, but not limited to, service on any PHS
advisory committee, board, and/or peer review committee, or as a
consultant.
Wanda K. Jones,
Interim Director, Office of Research Integrity.
[FR Doc. 2018-25065 Filed 11-15-18; 8:45 am]
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