Dear Brad,
as fellow faculty member of UC, I too am deeply disturbed by the John Yoo case, and wanted to give you a perspective on how misconduct allegations would be approached in the sciences.
The core principle of handling scientific misconduct cases is that any allegation of significant misconduct MUST receive a careful and fair official investigation to determine the facts of the case. Anything less would undermine public confidence in the entire system of research. For example, funding agencies like NIH require us to take our graduate students through very thorough ethics courses in which we go through example scenario after example scenario to analyze the ethical issues involved. I can tell you as a matter of course that the right answer presented in any of those example cases where there is an allegation of significant misconduct is that the university must investigate to determine the facts of the case. Obviously the possible outcomes are 1. the allegations are contradicted by the total evidence, and the committee clears the “defendant” of any allegations of wrong doing; 2. the evidence is insufficient to ascertain definite wrong doing, so no action is taken; 3. the evidence verifies some or all of the allegations, and the university must determine appropriate actions. Equally obviously, in evaluating the evidence the assumption is always “innocent until proven guilty.” I’m not certain of this, but I think outcome #3 is pretty unusual — much of the time the outcome is #1 or #2 (“not guilty”). And this highlights one of the principal functions of the “always investigate” policy: it clears the innocent of any lingering shadow of suspicion caused by the initial allegations.
Investigating a misconduct allegation is just Standard Operating Procedure. Those who say that opening a fact finding investigation cannot be considered because to do so would be “defamatory” to Yoo confess either ignorance or deliberate disregard of the university’s misconduct policies. Such a violation of normal policy seems hard to explain except in political terms. If Yoo were a UC doctor accused of providing medical advice during torture in some Third World dictatorship, a UC misconduct investigation would simply be automatic!
I also want to suggest that the universally recognized policies for handling scientific misconduct cases provide a useful point of comparison for assessing the appropriateness of an investigation in this case. By the way, there are standard textbooks of case examples that we use for scientific ethics courses; I can get you a title if you’re interested. Two perspectives: