[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Notices]
[Pages 16366-16367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1616]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Misconduct in Science

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on March 12, 2007 the Department 
of Health and Human Services (HHS) Debarring Official, on behalf of the 
Secretary of HHS, issued a final notice of debarment based on the 
misconduct in science findings of the U.S. Public Health Service (PHS) 
in the following case:
    Rebecca Uzelmeier (formerly known as Rebecca Marcus), Michigan 
State University: Based on the report of an investigation by Michigan 
State University (MSU) and additional information obtained by the 
Office of Research Integrity (ORI) during its oversight review, ORI 
found that Rebecca Uzelmeier, former doctoral student, Department of 
Pharmacology and Toxicology, MSU, committed misconduct in science by 
intentionally and knowingly fabricating and falsifying data in research 
supported by National Institute of Environmental Health Sciences 
(NIEHS), National Institutes of Health (NIH), granted R01 ES02520.
    ORI issued a charge letter enumerating the above findings of 
misconduct in science. However, on October 12, 2006, Ms. Uzelmeier 
filed a request for a hearing under 42 CFR part 93 to dispute these 
findings before the U.S. Department of Health and Human Services (HHS) 
Departmental Appeals Board (DAB). On October 19, 2006, ORI moved to 
dismiss Ms. Uzelmeier's hearing request because it failed to create a 
genuine dispute of either material fact or law, as required under 42 
CFR 93.504. On March 5, 2007, the Administrative Law Judge (ALJ) with 
the DAB ruled in ORI's favor and dismissed Ms. Uzelmeier's hearing 
request pursuant to 42 CFR 93.504(a)(2).

[[Page 16367]]

The ALJ found that Ms. Uzelmeier's hearing request raised defenses that 
either were immaterial to the charges of misconduct in science or that 
the ALJ had no authority to grant Ms. Uzelmeier's request for relief 
under Part 93.
    Specifically, Ms. Uzelmeier knowingly and intentionally;
    <bullet> Fabricated and falsified data in her research notebook 
primarily by multiple instances of using data/results generated from 
one experiment to represent data/results purportedly obtained from one 
or more entirely different experiments; and
    <bullet> Fabricated and falsified data in her thesis entitled 
``Characterization of the Molecular Mechanism(s) Underlying the 
Interaction(s) between 2,3,7,8-tetrachlorodibenzo-p-Dioxin Mediated and 
Interferon Gamma Mediated Signal Transduction,'' including falsifying 
and fabricating autoradiographic films, computer image files scanned 
from those films, numerical data reduced from those computer files, 
documentation of those results in her black three-ring binder, and data 
in associated multiple figures and projection slides.
    Ms. Uzlmeier's research concerned the interaction between the 
environmental toxin, dioxin, and a cytokine, interferon, on cellular 
signaling in the immune system. The approach was to exploit dioxin, or 
``TCDD'' (2,3,7,8-tetrachlorodibenzo-p-dioxin), as a probe that 
suppresses the immune system to delineate a role for the aryl 
hydrocarbon receptor protein (AhR), which is a cytosolic receptor that 
can be transported to the nucleus to also act as a nuclear 
transcription factor. The specific aim was to determine whether the 
mechanism of action of a naturally occurring regulatory factor, 
interferon-[gamma] (IFN-[gamma]), to antagonize the immunosuppressive 
actions of dioxin, was through reduced AhR signaling.
    Ms. Uzelmeier's actions caused the withdrawal of a manuscript that 
had been submitted for publication, the withdrawal of her mentor's PHS 
grant application, and her dismissal from graduate school.
    The following administrative actions have been implemented for a 
period of five (5) years, beginning on March 12, 2007:
    (1) Ms. Uzelmeier has been 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'' as defined in 
the debarment regulations at 2 CFR 180 and 376; and
    (2) Ms. Uzelmeier 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 
consultant.

FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative 
Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 
750, Rockville, MD 20852, (240) 453-8800.

Chris B. Pascal,
Director, Office of Research Integrity.
[FR Doc. 07-1616 Filed 4-3-07; 8:45 am]
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