Integrity of the Research Process - The Allegation Be Proven by a Preponderance of Evidence
June 2nd, 2006In addition to the two previous provisions defining findings of research misconduct, the one above applies. Charging anyone with misconduct is serious business. Thus, the government requires that there be a preponderance of evidence to support the charges.
Let’s define “research process”:
The American Heritage Dictionary defines the noun research as “(1) Scholarly or scientific investigation or inquiry. (2) Close, careful study.”
Let’s examine the definition.
“Scholarly” - The method of scholars is another name for the scientific method. Time and scholarly study have shown the scientific method to be the best method of obtaining reliable knowledge. Thus, “scholarly” means using the scientific method.
“Scientific investigation” - Back in 1863, T.H. Huxley told us “The method of scientific investigation is nothing but the expression of the necessary mode or working of the human mind. It is simply the mode at which all phenomena are reasoned about, rendered precise and exact.”
Please note that Huxley stated “the mode [method] at which all phenomena are reasoned about, rendered precise and exact.” Research is far from simply using common sense. It requires disciplined inquiry.
So again, research basically means using the method of investigation, which is the scientific method.
“Inquiry” - Inquiry is necessary in research, but just inquiry can result in aimless wandering unless the method of inquiry, which is the scientific method, is followed.
“Close, careful study” - To conduct close, careful study, you must follow, in complex matters, the method of study, the scientific method. Centuries of research have established this as reliable knowledge.
Conclusion. An accurate interpretation or definition of the word “research” is research based on and following the method of research, also called the scientific method.
The word “research” has often been carelessly or broadly used and interpreted. In addition, any time someone conducts research, he/she does not have to go through all the stages of the process. An accurate definition has generally not been understood.
The same dictionary defines “process” as “a series of actions, changes, or functions that bring about a result.”
Thus, “research process” properly defined based on the literature means the scientific method or process. Because of the misunderstandings about the scientific method described in my book End the Biggest Educational and Intellectual Blunder in History this is not well understood.
The Scientific Method Gains Legal Status
A historic event occurred in 1993. In the Daubert v. Merrell Dow Pharmaceuticals, Inc. [509 U.S. 579 (1993)] decision, the U.S. Supreme Court ruled:
“But, in order to qualify as ’scientific knowledge’ an inference or assertion must be derived by the scientific method. Proposed testimony must be supported by appropriate validation - i.e., ‘good grounds,’ based on what is known.” [emphasis mine]
The Court also stated:
“A new theory or explanation must generally survive a period of testing, review, and refinement before achieving scientific acceptance. This process does not merely reflect the scientific method, it is the scientific method.”
Subsequent to the Daubert decision of 1993, the question arose as to whether it applied only to scientific testimony. The U.S. Supreme Court held in the Kumbo Tire Co. Ltd. v. Carmichael [526 U.S. 137 (1999)] case that
“Daubert factors may apply to the testimony of engineers and other experts who are not scientists.”
I would interpret all this (although I am not an attorney) that research means following the scientific method and that the scientific method has legal standing and should be considered in cases of misconduct.
More on preponderance of evidence next week.