Academic integrity has long been used as a critical criteria to evaluate tenure and promotion. In some extreme cases, university officials turn “academic integrity” into a weapon, such that they can purge, punish and retaliate faculty members. Instead of performing unprejudiced investigations of scholarly misconduct allegations, university officials may use flimsy argument or tangential evidence to accuse faculty members. In this petition, an open commentary and analysis of wrongly accused “scholarly misconduct” will be presented. Much worse, university officials covered up the facts, retaliate and sabotage the career development of talented faculty members. Damaging the impartial principles and silence the voice of faculty members will breed corporate corruptions, create fake image of “diversity and inclusion”, and erode our solid foundation to lead educational and research innovations. This case precisely verifies the Shirky Principle: Institutions will try to preserve the problem to which they are the solution; and the Sayre's law: Academic politics are so vicious because the stakes are so small . A petition to UMBC president is also launched.
Dr. Xu was an Assistant Professor of the Chemical, Biochemical & Environmental Engineering, and led the “Synthetic Biology and Intelligent Control Lab” at the University of Maryland Baltimore County (UMBC) since 2016. His research area covers biochemical engineering, metabolic engineering, synthetic biology, computational modeling and intelligent control et al. He has received a number of awards, including the Bill & Melinda Gates Foundation Award (2018), the Biotechnology & Bioengineering Daniel IC Wang Award (2020) and the Biochemical Engineering Journal Young Investigator Award (2021). He served in the editorial board for Metabolic Engineering and Current Opinion in Biotechnology. He also served as the theme leader to organize and develop "synthetic biology" or "metabolic engineering" sessions in the AIChE, ACS and SIMB annual conference. Since joining UMBC, Dr. Xu has published more than 70 journal articles and his scholar work has received about 4070 citations in total (an H-index of 31). In the first three years (2016-2019), Dr. Xu's lab project is supported by the Bill & Melinda Gates Foundation ($420 k), National Science Foundation ($300 k), and National Institute of Health (R35 award with $1.44 M budget was sabotaged by university officials). Dr. Xu was placed on terminal leave in Fall 2019 and he left UMBC in August 2020. After experiencing feelings of shock, fear of stigma, rejection, anger, reflection and calm in the past 2 years, Dr. Xu decided to disclose four official reports from UMBC, NSF and NIH, and launch this petition.
Dr. Xu documented what happened to his lab and team members at UMBC. This life-changing experience may help junior PIs or other researchers survive the complicated university/institute politics. Why not just accept the injustice and leave it at that? Why not rather be wronged? Why not rather be cheated? (I Corinthians 6:7). Being authentic and revealing reality is one way to find the true meaning of life.
During Dr. Xu's appointment at UMBC (2016-2020), Dr. Xu identified multiple unprofessional incidents related with a senior faculty (who held administrative position in the department and later in the Dean's office), including deliberate manipulation of graduate student admission, rotation, student adviser selection and student qualifier exam. This senior faculty also openly spoke that "Chinese students are historically terrible" during graduate committee meeting with faculty members and graduate student representatives. This senior faculty insulted UMBC colleagues verbally and in writing. This faculty used power to delay and sabotage the career success of two Chinese background faculty in the department (both left UMBC in 2020), racial-profiling of Chinese and Iranian students, and manipulated graduate students to attack junior faculty. Dr. Xu expressed strong concerns about these unprofessional behaviors, some colleagues implied that this faculty was a racist. Dr. Xu filed a 27-page racial discrimination allegations against this faculty. This 27-page allegations were submitted to the UMBC human relation office in July 2019 and resubmitted to the UMBC Office of Equity & Inclusion in May 2020.
In Nov. 2017, two graduate students in the Xu lab were apparently manipulated by a senior faculty to allege that Dr. Xu committed "academic misconduct" (inferred from students' and another faculty's testimony). Vice President for Research (VPR) office immediately secured Xu lab notebooks and computers to investigate these allegations. UMBC were basing the accusations on two events: (1) HPLC was not used in one research article to report a data (31.5 mg/L); (2) including graduate students as co-authors who did not contribute much (which A LOT of professors do). Both errors were corrected in Fall 2019 (Correction 1, correction 2). The questionable data (31.5 mg/L) was later reproduced in three follow-on articles authored by two other researchers in the Xu lab. The data (31.5 mg/L) is not "falsified", simply a different method was used: the first author wrote that she used HPLC, but she didn't. To report the titer, Dr. Xu used a technically-equivalent spectrometric method to measure the data (31.5 mg/L). UMBC also intentionally sabotaged Dr. Xu's opportunity to acquire federal grant from NIH (R35GM133620, budget $ 1.44 M) despite that NIH program directors requested multiple times to finalize the R35 award (8 emails from NIH). Both NIH (official letter) and NSF (official letter) concluded that there was no “discernible” concerns related to Dr. Xu's publication and proposal submission.
In March 2019, Dr. Xu's mid-term tenure review was approved and his contract was renewed for another three years (2019-2022) by UMBC President. On 4/29/2019, VPR president asked Dr. Xu to remove the paper containing the "questionable data (31.5 mg/L)" on his biosketch for any future proposal submission. On 5/29/2019, Dr. Xu neutrally commented the hireability of a faculty candidate (who was interviewed for a senior position in the department) and voted "abstain", because faculty members identified inaccurate scholar citations and misrepresented NIH grant information on the candidate's CV. This candidate was strongly supported by the Dean and the VPR's office and was hired as a full professor in Fall 2019. Immediately after the voting, Provost office terminated Dr. Xu's contract for "falsification of scientific data (31.5 mg/L)" and "inappropriate handling of authorship" on June 5, 2019. Provost's letter identified that Dr. Xu had 30 days to submit a request for hearing and appeal, based on faculty handbook. However, within 4 working days, inconsistent document was issued from UMBC President's office. UMBC President preempted the provost's decision and rescinded Dr. Xu's rights of "hearing and appeal" (attached here), stating that Dr. Xu misrepresented his CV or publication history by "falsifying scientific data (31.5 mg/L)" and "including grad students as co-authors" during mid-term tenure review. UMBC's accusation of "falsification of data" contained no factual evidence and is baseless (allegation & facts). Dr. Xu had no idea why UMBC coerced Dr. Xu to accept the “falsification of data” accusation, intentionally sabotaged Dr. Xu's NIH funding application and didn't afford Dr. Xu the due process to appeal. UMBC is obviously targeting Dr. Xu for a specific reason: to protect the senior faculty (associate dean) who is a racist and manipulated graduate student to attack Dr. Xu. [Here is the long story].
Dr. Xu has sought all possible legal venues to complain UMBC's wrongly accused "academic misconduct" and retaliation, including 7 offices: UMBC's Office of Vice President for Research, UMBC's Office of human relation, UMBC's faculty senate (grievance committee), UMBC's Office of Equity & Inclusion (OEI), University Systems of Maryland's Chancellor office, U.S. Equal Employment Opportunity Commission (EEOC), and the U.S. Department of Education Office of Civil Rights (OCR). Three offices (OEI, EEOC and OCR) were willing to listen to Dr. Xu's complaints, but none of them could provide support because they did not understand the complicated science relevant to this subject. EEOC has issued the "Notice of Suit Rights" letter. Dr. Xu's attorney has submitted a formal legal complaint to the federal court on 3/30/2021.
Here are the four official letters from UMBC, NIH and NSF, with comments and notes made by Dr. Xu. The commentary associated with the highlighted sentence will guide you understand the case. In compliance with the FOIA and FERPA Acts, some sensitive information is removed.
UMBC President Hrabowski's Letter, 4 minutes reading
NIH Office of Research Integrity Letter, 2 minutes reading
NSF Office of Inspector General Letter, 2 minutes reading
UMBC VPR and Dean's Office Letter, 2 minutes reading
When people catch a disease called racial profiling, they first lost the trust in themselves and blame others. Double standards and hypocrisy are the brothers of racial profiling & hate crimes.
Allegation and Facts, 4 minutes reading
Emails from NIH & UMBC, 2 minutes reading
The recent Presidential election tells us that civilian rights must be earned with truth, fight and respect. We should work in solidarity to advance social justice and academic freedom for all American scientists, including faculty members, researchers, students and scholars, whose voices are always silenced in front of authority and political power. After four years being an educator, mentor and researcher at UMBC, Dr. Xu increasingly felt that true diversity and inclusion should abstain from pretextual charge and targeting of Asian scientists. Perception is the reality. It would cause a tremendous setback in America's global competitiveness and probably a brain drain in reverse, warns Frank Wu, law professor and President of Queens College at the City University of New York.
Herein, Dr. Xu launches this petition and requests the UMBC honored President Hrabowski (who held this position for almost 30 years and relentlessly promote 'inclusion and diversity') must take actions to
(1) Convene a third-party external committee to investigate the racial discrimination & retaliation allegations Dr. Xu has reported to the University (27 pages report & evidence);
(2) Revise UMBC faculty handbook and authorize faculty senates to be representatives to hear complaints about contract termination and academic misconduct investigation, should the afflicted faculty members believe that they are unfairly treated or wrongly accused even the president makes the decision;
(3) Hold the administrative team (VPR's office and Dean's office) accountable, when they abuse their entrusted power and misguide the Provost and President's decision in Dr. Xu's case;
(4) Stop racial profiling and pretextutal accusation of Asian background scholars at UMBC;
(5) Restore Dr. Xu's reputation to the federal funding agency NSF, NIH and DOE.
If you support Dr. Xu, please sign this petition with your name and affiliation. Feel free to leave any anonymous comments (optional). You can check all signed names and anonymous comments in the appendix section.
Dr. Xu would like to conclude this petition by quoting the ancient Chinese philosopher Lao-Tzu (approx. 6th century BC) "Can you cleanse your inner vision until you see nothing but the light? Can you lead people without imposing your will? This is the supreme virtue. "(Tao Te Ching, vers 10. 《道德经》原文, "涤除玄鉴,能无疵乎? ... 为而不恃,长而不宰,是谓玄德"), and the philosopher of the French Renaissance, Michel de Montaigne (1533-1592) , " He who establishes his argument by noise and command shows that his reason is weak ". Truth and justice will triumph over lies and defamatory speculations, and the light shall shine upon thy way.
Thank you for your time and I hope you all stay healthy and enjoy the beginning of 2021.
Peng Xu, PhD
Email: pxu999@gmail.com
Dr. Xu is grateful to his colleagues, mentors and students for their support at UMBC. Dr. Xu would also like to acknowledge the help from a large group of people, including friends, advisers, collaborators, law professors, attorney and program managers/directors.