UA prof wants independent panel to decide firing of researcher

Jennifer Holmes Arizona Daily Wildcat Physics Professor William Bickel speaks to the Faculty Senate yesterday at the College of Law. Bickel criticized UA President Peter Likins1 decision to terminate researcher Marguerite Kay, calling his decision 3flawed.2

"The flawed decision by the president should be corrected," physics Professor William Bickel told the University of Arizona Faculty Senate yesterday. "And the Faculty Senate should take the initiative to set up a new hearing by an independent panel assembled from outside the university."

Likins fired Alzheimer's disease researcher Marguerite Kay this summer after the UA Committee on Academic Freedom and Tenure found that she manipulated published data.

Since the firing, several Faculty Senate members have publicly argued against the dismissal, and Kay made a surprise appearance during October's meeting to defend her work and attack Likins' decision.

Likins was present at yesterday's meeting, but did not respond to Bickel's comments during the session.

Bickel said that during the September meeting, Likins expressed "absolute confidence" that there was misrepresentation in the published results of Kay's laboratory research.

But Likins contradicted himself by adding that it was unclear who did it or why it was done, and what the "appropriate sanctions" would be, Bickel said.

Given those uncertainties, Likins "should have asked for a new hearing to get at the facts and to get to the bottom of the whole thing," he said.

After the meeting, Likins said Bickel "accurately represented" his September speech.

But Likins said the case showed direct scientific misconduct by Kay.

"Because we had original data and publications, it was entirely determined that the original data was misrep-resented in the publication," he said. "You have to make reasonable judgments, and I think he (Bickel) is incorrect in that interpretation."

After he left the meeting, Bickel said people need to start listening if they want action in the Kay case.

"I am more concerned with the procedure and process of doing things right thanÉ the outcome," he said. "The procedure was flawed."

Bickel said he did not speak out because of any relationship with Kay, and that he met her only once.

"I talk to the Senate lots of times when I think they need advice," he said.

In other business, a Senate member asked Likins about the university's recently signed $7 million contract with Nike.

Sen. Andrew Silverman, a UA law professor, questioned Likins about how the UA would handle possible future labor violations. Nike has been accused of using overseas sweatshop labor to manufacture shoes and apparel.

Likins responded by saying he missed October's Faculty Senate meeting so he could travel to Washington, D.C., for a meeting of national university administrators and labor rights advocates from Students Against Sweatshops.

"It's a very complex affair," Likins said. "We were trying to develop a common approach."

Likins said universities that have signed contracts with Nike and activists need to work together on a common code to oversee the corporation's labor practices.

"The hard part will be the development of the enforcement mechanisms," he said. "I don't know what I will do if that process breaks down, which it could. Let's hope we get some common understanding here."

David J. Cieslak can be reached via e-mail at David.J.Cieslak@wildcat.arizona.edu.