[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46891-46892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11829]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Research Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Findings of research misconduct have been made against Darrion 
Nguyen (Respondent), who was formerly a Laboratory Technician, Division 
of Pediatric Neurology and Developmental Neuroscience, Baylor College 
of Medicine (BCM). Respondent engaged in research misconduct in 
research supported by U.S. Public Health Service (PHS) funds, 
specifically Office of the Director (OD), National Institutes of Health 
(NIH), grant DP5 OD026428-01 and National Institute of Neurological 
Disorders and Stroke (NINDS), NIH, grant K12 NS098482-01. The 
questioned research was included in a PHS-funded research project 
progress report (RPPR), specifically DP5 OD026428-04 submitted to OD, 
NIH. The administrative actions, including supervision for a period of 
three (3) years, were implemented beginning on May 14, 2024, and are 
detailed below.

FOR FURTHER INFORMATION CONTACT: Sheila Garrity, JD, MPH, MBA, 
Director, Office of Research Integrity, 1101 Wootton Parkway, Suite 
240, Rockville, MD 20852, (240) 453-8200.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Office of 
Research Integrity (ORI) has taken final action in the following case:
    Darrion Nguyen, Baylor College of Medicine (BCM): Based on the 
report of an investigation conducted by BCM and additional analysis 
conducted by ORI in its oversight review, ORI found that Mr. Darrion 
Nguyen (Respondent), former Laboratory Technician, Division of 
Pediatric Neurology and Developmental Neuroscience, BCM, engaged in 
research misconduct in research supported by PHS funds, specifically 
OD, NIH, grant DP5 OD026428-01 and NINDS, NIH, grant K12 NS098482-01. 
The questioned research was included in a PHS-funded RPPR, specifically 
DP5 OD026428-04 submitted to OD, NIH.
    ORI found that Respondent engaged in research misconduct by 
intentionally, knowingly, or recklessly falsifying and/or fabricating 
experimental data and results that were included in the following one 
(1) RPPR, one (1) presentation, one (1) poster, six (6) research 
records, and two (2) figures of a prospective manuscript:
     DP5 OD026428-04, ``Illuminating GABAergic Signaling in 
Neurodevelopmental Disorders,'' submitted to OD, NIH, on July 12, 2021 
(hereafter referred to as ``DP5 OD026428-04'').
     Elucidating the role of EBF3 haploinsufficiency in HADD 
syndrome pathogenesis. Jan and Dan Duncan Neurological Research 
Institute Seminar (NRI) Series, January 6, 2020 (hereafter referred to 
as ``NRI Seminar 2020'').
     Elucidating the role of EBF3 haploinsufficiency in 10q26 
deletion and HADD syndrome pathogenesis. Poster presentation, Baylor 
College of Medicine--Texas Children's Hospital Pediatric Research 
Symposium, March 24, 2020 (hereafter referred to as ``Poster 2020'').
     Research Record ``2019-5-1_Cerebellar PC Dens_P0.xlsx'' 
(hereafter referred to as ``RR1 2019'').
     Research Record ``2019-6-27_Cerebellar PC Dens_P0.xlsx'' 
(hereafter referred to as ``RR2 2019'').
     Research Record ``2019-5-1_P0 Cerebellum Quants.pzfx'' 
(hereafter referred to as ``RR3 2019'').
     Research Record ``2019-5-21_DN-Cohort5 (Analyzed).xlsx'' 
(hereafter referred to as ``RR4 2019'').
     Research Record ``2019-8-28_Partition-Cohorts 1, 2, 3, 4, 
5, 6.pzfx'' (hereafter referred to as ``RR5 2019'').
     Research Record ``2019-12-11_Dystonia.xlsx'' (hereafter 
referred to as ``RR6 2019'').
     ``Fig1--GeneratingNullLines.v5.tif'' (hereafter referred 
to as ``PM Figure 1'') and ``Fig3--Behavior.v6.png'' (hereafter 
referred to as ``PM Figure 3'') in a prospective manuscript with 
working title ``Ebf3 haploinsufficiency perturbs cerebellar development 
and complex behaviors'' (hereafter referred to as the ``manuscript'').
    Specifically, ORI found that Respondent intentionally, knowingly, 
or recklessly falsified and/or fabricated:
     the Purkinje Cell (PC) density measurements in the 
cerebellum lobes of newborn (P0) wild-type (WT) and Early B Cell Factor 
3 heterozygous (Ebf3+/-) mice in RR1 2019, RR2 2019, RR3 
2019, and Slide 24 of NRI Seminar 2020 by copying and pasting 
measurement values collected from the histology sections of the brain 
from a single mouse to falsely represent the data measurements as from 
the brains of three (3) mice;
     the measurements of the distance between the anchor points 
in the cerebellum lobes of P0 WT and Ebf3+/- mice in RR1 
2019, RR2 2019, and RR3 2019 by copying and pasting measurement values 
collected from the histology sections of the brain from a single mouse 
to falsely represent the data measurements as from the brains of three 
(3) mice;
     the measurements of phosphorylated Histone 3 (PH3) 
positive neurons in the cerebellum lobes of P0 WT and 
Ebf3+/- mice in RR1 2019, RR2 2019, RR3 2019, and Slide 28 
of NRI Seminar 2020 by copying and pasting measurement values collected 
from the histology sections of the brain from a single mouse to falsely 
represent the data measurements as from the brains of three (3) mice;
     the external granule layer (EGL) thickness measurements in 
the cerebellum lobes of P0 WT and Ebf3+/- mice in RR1 2019, 
RR2 2019, and RR3 2019 by copying and pasting measurement values 
collected from the histology sections of the brain from a single mouse 
to falsely represent the data measurements as from the brains of three 
(3) mice;
     the manual scoring of the social interaction behavior of 
Cohort 5 mice in a three-chamber assay in RR4 2019 by copying and 
pasting the manually scored social interaction behavior values from 
Cohort 4 mice;
     the interaction data of male mice by inserting fabricated 
and/or falsified values for two (2) mice that had not been collected as 
part of the experiment in RR5 2019, Slide 44 of NRI Seminar 2020, 
Figure F in the ``Motor Incoordination and Altered Social Behavior'' 
section of Poster 2020, PM Figure 3 of the manuscript, and Figure 6E of 
DP5 OD026428-04;
     the number of mice used in the Western blot analysis for 
the expression of Ebf3 protein in Ebf3-/- mice in PM Figure 
1B(iv) of the manuscript, Figure

[[Page 46892]]

4A(iii) of DP5 OD026428-04, Slide 16 of NRI Seminar 2020, and Figure 
C(i) of the ``Generation and Characterization of Ebf3Null Alleles'' 
section of Poster 2020; specifically, Western blot data from three (3) 
mice were falsely represented as data from five (5) mice;
     the hindlimb splay measurements of Ebf3+/+ and 
Ebf3+/- mice in RR6 2019 and Figure 4D(ii) of DP5 OD026428-
04 by changing the severity score of the splay measurements in male and 
female mice to falsely show enhanced severity of the dystonia symptoms 
in Ebf3+/- mice;
    Respondent entered into a Voluntary Settlement Agreement 
(Agreement). Respondent neither admits nor denies ORI's findings of 
research misconduct. This settlement is not an admission of liability 
on the part of Respondent. Respondent voluntarily agreed to the 
following:
    (1) Respondent will have his research supervised for a period of 
three (3) years beginning on May 14, 2024 (the ``Supervision Period''). 
Prior to the submission of an application for PHS support for a 
research project on which Respondent's participation is proposed and 
prior to Respondent's participation in any capacity in PHS-supported 
research, Respondent will submit a plan for supervision of Respondent's 
duties to ORI for approval. The supervision plan must be designed to 
ensure the integrity of Respondent's research. Respondent will not 
participate in any PHS-supported research until such a supervision plan 
is approved by ORI. Respondent will comply with the agreed-upon 
supervision plan.
    (2) The requirements for Respondent's supervision plan are as 
follows:
    i. A committee of 2-3 senior faculty members at the institution who 
are familiar with Respondent's field of research, but not including 
Respondent's supervisor or collaborators, will provide oversight and 
guidance for a period of three (3) years from the effective date of the 
Agreement. The committee will review primary data from Respondent's 
laboratory on a quarterly basis and submit a report to ORI at six (6) 
month intervals setting forth the committee meeting dates and 
Respondent's compliance with appropriate research standards and 
confirming the integrity of Respondent's research.
    ii. The committee will conduct an advance review of each 
application for PHS funds, or report, manuscript, or abstract involving 
PHS-supported research in which Respondent is involved. The review will 
include a discussion with Respondent of the primary data represented in 
those documents and will include a certification to ORI that the data 
presented in the proposed application, report, manuscript, or abstract 
are supported by the research record.
    (3) During the Supervision Period, Respondent will ensure that any 
institution employing him submits, in conjunction with each application 
for PHS funds, or report, manuscript, or abstract involving PHS-
supported research in which Respondent is involved, a certification to 
ORI that the data provided by Respondent are based on actual 
experiments or are otherwise legitimately derived and that the data, 
procedures, and methodology are accurately reported and not plagiarized 
in the application, report, manuscript, or abstract.
    (4) If no supervision plan is provided to ORI, Respondent will 
provide certification to ORI at the conclusion of the Supervision 
Period that his participation was not proposed on a research project 
for which an application for PHS support was submitted and that he has 
not participated in any capacity in PHS-supported research.
    (5) During the Supervision Period, Respondent will exclude himself 
voluntarily from serving in any advisory or consultant capacity to PHS 
including, but not limited to, service on any PHS advisory committee, 
board, and/or peer review committee.

    Dated: May 23, 2024.
Sheila Garrity,
Director, Office of Research Integrity, Office of the Assistant 
Secretary for Health.
[FR Doc. 2024-11829 Filed 5-29-24; 8:45 am]
BILLING CODE 4150-31-P