PLAGIARISM HAS BEEN LEFT UNPUNISHED
FROM NOW ON SCIENTIFIC FRAUD IN
UNIVERSITIES IS FREE!
By Prof. Dr. Kayhan KANTARLI
Retired Professor of Physics, University of Ege
e-mail: kayhankantarli@gmail.com
Retired Professor of Physics, University of Ege
e-mail: kayhankantarli@gmail.com
Obedience, on the part of
scientists, to universal scientific ethics is a must; plagiarism/scientific
fraud is a shameful act. In a country where scientific fraud is not punished
and/or covered up, one cannot talk about modernity and the scientific world of
this country has no respectful place in the eyes of the global scientific
community. In modern countries, the punitive sanction protecting the scientific
world from plagiarists is nullifying the degree (e.g. M.Sc. or Ph.D, etc.) and removing
him/her from the university. Although most of the plagiarisms that are
uncovered are unfortunately covered up –, our country, Turkey, does also apply this
sanction.
In accordance with the Disciplinary
Regulations of the Members of Staff in conformity with the act of Higher
Education Council (Turkish – YÖK), “to
declare that the scientific paper or whole or partial work of somebody else
without giving reference to it” is plagiarism, in other words is a fraud
and the sanction is “removing him/her from
the university”. This definition also has an international acceptance.
After Turkish Higher Education Council has adopted a principle with
which the evaluation of scientific papers is being done not by the quality of
the papers, but rather the number of papers published by a member of staff, it
cannot be denied that the number of papers as well as the amount of fraudulent
research has increased in Turkey.
The present situation is such that plagiarism is so widespread and profuse
that this situation has been the major problem of our universities. In response
to this problem, in the year 1998 an article is added to the 11th
item of Disciplinary Regulations of the Members of Staff defining that
plagiarism is a shameful act deserving a sanction of removing from the
university. But, this burdensome sanction, instead of creating a deterrent
effect, has been ineffective due to the YOK’s policy not to implement it with a
scientific understanding and impartiality. Particularly plagiarism and other
fraudulent research of proponents of YÖK have been protected from sanction,
therefore the 11th item is ineffective and the wound is still
bleeding.
While the situation rests in this critical position, the decision
reached in September 2012 by the Plenary Session of Administrative Law
(Divisions of Council of States) relieves plagiarism completely from sanction
and this is the first time that public opinion has become acquainted with this
decision. In that decision it is stated
that the sanction put forward in the Disciplinary Regulations of the Members of
Staff as “to remove the member of staff from the university because of committing
plagiarism is not covered in either the YÖK act No. 2547 nor in the public
employee act No. 657”, therefore is unlawful (*).
By the decision of Divisions of Council of States, the sanction “removing
from the university” proposed for shameful act of plagiarism for scientists has
been annulled. This annulment means that unless an act clearly states that
plagiarism is a crime, it can be lawfully committed.
Because the Disciplinary Regulations of the Members of Staff had been
put into effect by the YÖK act No: 2547, the lawfulness of the decision for
sanction reached by Divisions of Council of States is disputable.
In this case, what YÖK was expected to do was to take initiative in
order to get rid of the unlawfulness and ask the Ministry of Education and the
Parliament to enact a law. Nevertheless, YÖK has not taken an initiative to get
rid of the legal loophole ever since September 2012. Circular order on the
decision reached by Divisions of Council of States sent to the universities by
YÖK also sent to faculties by the rectorship (*) appearing in the website of
Istanbul University confirms this unlawful situation.
The sanction “removing a member of staff from university” proposed in
the Disciplinary Regulations of the Members of Staff has been annulled by a
judicial act. In this respect, YÖK Presidency committed a crime by not filling
the legal loophole; it is a breach of duty. In the circular order (*) sent to
the universities by YÖK on September 2012, it is required that “in the inquiries claiming the presence of
plagiarism, proceeding should be carried out in accordance with the relevant
law”. But negligence in this respect ended in not punishing those found to
have committed plagiarism since September 2012. YÖK’s circular order means that
any member of staff in any university going through an inquiry about well-established
plagiarism can keep working at the university as if nothing had happened.
On the other hand, in accordance with the decision reached by the
Divisions of Council of States, all the sanctions of “removing a member of staff
from the university” due to plagiarism given in the past are “annulled by law”.
This situation gives an opportunity to those who had been removed from the
university due to plagiarism, to return to their job in the universities and
claim compensation of reparations, salaries and all sorts. Such an implementing causes a monetary damage of government and worse than that, means rewarding a shameful act of plagiarism. This is a scandal
could never be seen in a modern country.
I invite relevant authorities to take measures against the president of
YÖK who committed the breach of duty by letting the collapse of scientific
ethic in universities.
We should not let this legal loophole created by the Divisions of Council
of States causing plagiarism be unpunished forever. Legislative bodies should
immediately take the necessary legal arrangements and bring an end to this situation,
which only encourages those with a tendency to commit scientific fraud.
(*)
The sources are the Divisions of Council of
States and circular orders by YÖK and the rectorship of the Istanbul
University. One can reach the source from the address given below
Edited to fix numbers issue
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