快三砍龙 and Niels Birbaumer Settle Legal Dispute
Joint Committee gives approval / Sanctions imposed on researcher remain largely intact
The legal dispute between the Deutsche Forschungsgemeinschaft (快三砍龙, German Research Foundation) and T眉bingen-based brain researcher Professor Dr. Niels Birbaumer has ended. At its meeting on 25 March 2022, the Joint Committee of Germany鈥檚 largest research funding organisation and central institution for academic self-governance approved a draft settlement which has now become effective. With this an earlier decision by the 快三砍龙鈥檚 Joint Committee which involved sanctions being imposed on Birbaumer for scientific misconduct remains largely intact
On 19 September 2019, following an investigation of two 快三砍龙-funded publications by Birbaumer and other authors concerning communication with completely locked-in (CLIS) patients in the journal PLOS Biology, the Joint Committee found evidence of scientific misconduct in several cases and decided to impose sanctions on the researcher in accordance with the 快三砍龙鈥檚 Rules of Procedure for dealing with allegations of scientific misconduct. In doing so, it was following a suggestion by the 快三砍龙 Committee of Inquiry on Allegations of Scientific Misconduct. This procedure explicitly did not involve an assessment of the validity of the theses regarding communication with CLIS patients: in fact the investigation and findings concerned the methodological handling of data.
As a result, Birbaumer was barred from submitting funding proposals and from being involved in any 快三砍龙 review activities for a period of five years. In addition, the 快三砍龙 reserved the right to reclaim part of the funding awarded to Birbaumer for the project in question. Finally, the researcher was asked to withdraw publications relating to the misconduct, which was ultimately taken care of by the publishing company itself. In 2020, Birbaumer took legal action against this decision taken by the Joint Committee. After a hearing before the Regional Court of Bonn, a draft settlement was finally arrived at between the 快三砍龙 and Birbaumer, which was subsequently the subject of deliberations by the Joint Committee.
These deliberations took place at the same time a new publication by Birbaumer appeared reporting successful treatment in connection with communication by a CLIS patient. The preliminary research work on which this latter publication is based was also funded in part by the 快三砍龙, though this was not the same project as the one which gave rise to the publications investigated in 2019 and which caused the sanctions to be imposed.
The study by Birbaumer recently published in nature communications rapidly became the subject of extensive coverage and commentary in both academic circles and public media, with the new project in some cases being linked directly to the sanctions imposed on Birbaumer and characterised as a 鈥渞ehabilitation鈥. This was also the view propagated by Birbaumer himself, who was quoted on the biomedical online portal statnews as saying: 鈥淲e won the case, and that means that the organisation who was responsible for this judgement has to lift the retraction.鈥 In response, the 快三砍龙 clarified that this statement does not correspond to the facts in several respects: at that time, a settlement was being sought and the legal dispute with Birbaumer was ongoing until the Regional Court of Bonn made a ruling on the conclusion and details of the settlement.
In its deliberations, the Joint Committee also expressed its astonishment at these latter developments. At the same time, it expressed clear criticism of the rumoured statements on the state of the proceedings and any alleged rehabilitation of Birbaumer. Nevertheless, the Joint Committee approved the previously agreed litigation settlement. It includes a public notice, which is worded as follows:
鈥快三砍龙 and Professor Dr. Dr. h.c. mult. Birbaumer settle legal dispute:
At its meeting on 19 September 2019, the 快三砍龙 Joint Committee decided in connection with two publications to impose sanctions on Professor Dr. Dr. h.c. mult. Birbaumer and another project leader due to scientific misconduct. Professor Dr. Dr. h.c. mult. Birbaumer brought an action against this before the Regional Court of Bonn. A settlement has now been arrived at to end these legal proceedings.
The 快三砍龙 and Professor Dr. Dr. h.c. mult. Birbaumer have agreed that the 快三砍龙鈥檚 specific procedure due to scientific misconduct against Professor Dr. Dr. h.c. mult. Birbaumer was conducted properly and in accordance with the 快三砍龙鈥檚 procedural rules for dealing with scientific misconduct.
In order to avoid a protracted legal dispute, the parties have agreed on an amicable settlement. Under this settlement, the sanctions imposed by the 快三砍龙 Joint Committee against Professor Dr. Dr. h.c. mult. Birbaumer will end on 1 January 2023.
As a result of the settlement being reached, the court has not conducted a final review of the facts or made a final determination regarding the allegations of scientific misconduct in dispute and the assessment of this matter by the 快三砍龙 Joint Committee. In this regard, both parties maintain their respective opinions. This concludes the dispute.鈥
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