Quote:
These are typical e-mails:
From: [____]
To: [____] 
Date 9/1/04 8:28 AM 
Subject: Re: Life on West Wing 1st floor
It is up to Zoology to sort out this mess. Your RAs obviously receive a lot more privileges than those in other departments (e.g., Paleotilology-speaking from my personal experience). These privileges are not based on Smithsonian Directive 205 "Research Associates" (June 7, 2001), and, as a consequence the access and office privileges of a certain RA can be reconsidered with due consideration of [____] concerns. Why does the RA in question have a master key rather than more restricted access? Why does he have an office when there is a space shortage for regular SI staff and visiting researchers? Why does he have unrestricted collection access? You could restrict access to 8:45am to 5:15pm Monday to Friday-the established core hours for Museum staff. [____] as the senior crustacean expert, has every right to determine the scope of collection access.
One important thing to keep in mind, however, is the equal treatment of all RAs in the section. You must not impose more onerous restrictions on one particular RA than on other RAs in the section [____].
[-----------------------------------]
From: [____]
To: [____] 
Date: 9/1/2004 
Subject: Re: Life on the West Wing 1st Floor
[____]
I believe [____] could have answered most of his questions by asking around IZthere was no need to bother you as you no doubt appreciate. As you see, he is presuming most of this rather than asking there is no space shortage, except insofar as [____] wants to deny him space.
Anyway, the core point, I obviously am not going to be able to find a sponsor for Sternberg, yet his official status is as a research associate for the next three years. If you dont want to make a martyr of him, I'll sponsor him.
As he hasnt (yet) been discovered to have done anything wrong, particularly compared to his peers, the sole reason to terminate his appt. seems to be that the host unit has suddenly changed its mind. If thats OK w NMNH, let me know and I'll send him a letters stating so. However, as you decided originally, the political downside of that is costly.
Outside of pique, [____]s main legitimate concern seems to be a fear of guilt by association. In any case [____] isnt going to be shut up about this until he wins (i.e. banishes Sternberg) or gets told to. I'm not going to get bit to death by daily emails. The access and key issues are trivial and can be fixed, if out of line.
The only grounds I see is [____]s lack of support. If that isnt sufficient, then I basically have to tell [____] (again) to shut up (which I am willing to do).
Which do you prefer?
[____]
In these emails they are concerned about the access given to you prior to the Meyer article. As you can see, they are suggesting several changes. The email traffic that we received indicates that this was all in response to your off-duty activity publishing the Meyer article.
Also these indicate that they are still attempting to find a reason to terminate you. You had not "yet" been found to have committed a terminable offense. They were still looking for a pretext.
>>> [____] 08/31/04 12:09pm >>>
Thanks to both of you for your efforts in dealing with the current situation. Unfortunately the panorama of my work environment continues to be rather blurred. So, in an effort to try to understand what might be going on here in the Crustacea floor at east for the next 2.5 years [the remainder of Sternberg's associateship], let me ask some questions to see if you can supply some answers.
1. We have an SI Research Associate (RA) who was appointed with the support of a curator that is now deceased. Which SI scientist now serves as a support staff for this RA now? Can an RA continue to operate without a proper staff support person? If one is needed, who should this RA answer or report to?
2. The RA has access to collections, but SI directive 205 states: "Access to and use of collections must be approved in advance by the appropriate unit staff member in accordance with established policy and procedures". Who is this staff member? Has any curator been consulted on the research being conducted, or how the collections are being used?
3. I presume this RA has a key to most rooms in the floor (including mine), and the stacks, to allow entry at out of the ordinary business hours, i.e. when no SI staff is here. If true, who authorized this key and is it at all legal for RAs to have keys on a permanent basis?
4. The recent events are fastly precipitating serious personnel issues as it is clear that tensions are at a high level on this floor, Is this a proper working environment for all the staff that lives on the this floor? Does the admin really expect us to live normally in this environment for 2.5 years, and will things really change after that?
[____]
CC: [____]
[-----------------------------------]
From: [____] 
To: [____] 
Date: 9/9/04 10:45 am 
Subject: Re: Reply (2)
Excuse me, [____], but I thought we were addressing the issue of the integrity of this museum's scientific research. In that respect, you are responsible for the actions of your researchers, as well as those scientists who use the name of this museum in any way related to research or collections (which includes research associates and those of the, euphemistically named, affiliated agencies). Given the Meyer fiasco, how Sternberg represents himself to the world of science is of some consequence to you. I strongly suggest that you call [____] and start asking questions rather than waiting until the crisis becomes unmanageable. [____]
[-----------------------------------]
>>> [____] 09/09/04 10:33 am>>>> Thank you, [____]
As the BSW is, legally speaking, an external activity, we cannot use Sternbergs mishandling of the Meyer paper to revoke his status as Research Associate. The SI Directive lists only a few points that are deemed sufficient cause for that purpose, and none applies to Sternberg.
Like you, I would like to know who the alleged reviewer were, but [____] has not told me anything. People at the NCSE suspect that some or all of them may have been co-authors on a previous paper by Meyer, which was substantially copied into the PBSW paper.
[____]
[-----------------------------------]
>>> [____] 09/09/04 10:12 am >>>
I would be glad to pop over at a convenient time.
But certainly it is not unreasonable to ask [____] or [____] to pull the file and determine whether the manuscript was rigorously reviewed, in effect who reviewed it? After all, Meyer (and now Sternberg) are establishing their boa fides based on the fact that for 15 years prior to Sternberg, PBSW manuscripts were rigorously reviewed by international taxonomists (I led that movement!).
So, were the reviewers people who could provide a balanced assessment of the manuscript and people who were cited in the manuscript, especially those whose ideas were opinined to be wrong? Or were the reviewers people who a priori support ID or structuralism, nuanced names for creationism?
After all, the manuscripts does nothing except poke holes in evolutionary processes that attempt to explain major changes in body architecture, and then gratuously [sic] concludes that because evolution cannot explain major architectural changes, intelligent design must be the process involved.
Two traps not to get caught in:
Number of reviewers. If two or even three reviewers were used, that was not enough for a paper of this broad a reach; four to six reviewers should have been consulted.
Reviewer anonymity. Dont let [____] [____] or Sternberg tell you that reviewers names must remain a secret. Reviewer anonymity is a request by a reviewer to an editor that the reviewer not be directly and immediately identified to the author of a manuscript under review. In fact, during the 15 years that I was associate editor, we published a list of reviewers of manuscripts for the year at the end of each year as a way of advertising our interest in a rigorous review process.
[____]
In these e-mails they are continuing to explain why you should not be given access to the SI for the next "2.5 years." This information also seems to indicate that your managers were not concerned about the SI Directive 205 until after the Meyer article. Also troubling is that these e-mails and others show that they were not concerned with these issues until after the Meyer "fiasco." Lastly, as you can see they were very interested in piercing the veil of peer review. Again, there is not information to indicate that this was done before the Meyer article.
From: [____]
To: [____]
Date: 9/9/04 11:13 am
Subject: Re: Reply [3]
Please read my emails more carefully. I am not suggesting martyrdom for anyone. I am concerned about how and by whom the Meyer manuscript was reviewed.
As an aside: in general then, who is responsible for the scientific behavior of a Research Associate of the National Museum of Natural History?
[-----------------------------------]
>>> [____] 09/09/04 10:57 am >>>
Legally, unless you can present me with evidence that Sternberg has represented himself as an employee of NMNH, my hands are tied. I have extensively researched and consulted on this issue as I fully share your point of view. Indeed, I was strongly advised that we do not make a martyr out of Sternberg; you may be aware that there are powerful members of Congress who would rush to his defense.
This whole embarrassment can be credited to the late [____] who nominated this man and to the BSW who entrusted him with the editorship of the Proceedings. Sternberg is a well-established figure in anti-evolution circles, and simply a Google search would have exposed these connections. Please place the blame where it squarely belongs. I immediately resigned from the BSW.
[-----------------------------------]
>>> [____] 09/09/04 10:33 AM >>>
Excuse me, [____], but I thought we were addressing the issue of the integrity of this museum's scientific research. In that respect, you are responsible for the actions of your researchers, as well as those scientists who use the name of this museum in any way related to research or collections (which includes research associates and those of the, euphemistically named, affiliated agencies). Given the Meyer fiasco, how Sternberg represents himself to the world of science is of some consequence to you. I strongly suggest that you call [____] and start asking questions rather than waiting until the crisis becomes unmanageable. [____]
[-----------------------------------]
>>> [____] 09/09/04 10:33 am>>>> Thank you, [____]
As the BSW is, legally speaking, an external activity, we cannot use Sternbergs mishandling of the Meyer paper to revoke his status as Research Associate. The SI Directive lists only a few points that are deemed sufficient cause for that purpose, and none applies to Sternberg.
Like you, I would like to know who the alleged reviewer were, but [____] has not told me anything. People at the NCSE suspect that some or all of them may have been co-authors on a previous paper by Meyer, which was substantially copied into the PBSW paper.
[____]
[-----------------------------------]
>>> [____] 09/09/0409 11 am>>>
I think there is, but the heat may have to increase a bit.
[-----------------------------------]
From: [____]
To: [____] 
Date: 9/13/04 1:46 pm
Subject: RE: Upcoming in Helsinki
Well if you ask me, a face to face meeting or at least a you are welcome to leave or resign call with this individual, is in order. Of course, that is easy for me to say, and as bosses it is you who have to decide what to do. I will respect your decision. All I can say is that this is plain embarrassing for us all in NMNH. What will be when a book on ID comes out with our name on it? Believe me, it will come. The BSW made a crucial error a year ago, and it seems to me we dont want to do the same.
If you have not yet seen the summary update, see:
httD:/M~w.ncseweb.org/resources/newst2flo4Jrl33~id_paper_continues_to_attract_9_10 _2004.asp [garbled URL]
A key to all this is whether the infamous PBSW article was really peer-reviewed or not. Since the museum funds a lot of papers in that journal, it seems to me a reasonable thing for NMNH to ask BSW to demonstrate what really happened by opening the files to you. They certainly should have a vested interest in clarifying this. The ex-editor had already demonstrated a pattern of disregard for the well-established peer-review process in that journal, and that alone does not "follow prevailing standards for conducting research in the discipline" (SI D 205, page 4), as far as I can tell. That, taken with the AAAS resolution, should be enough to justify a "you are welcome to leave or resign" call or meeting to say so.
Finally, whether or not SI D 205 needs to be revisited Is perhaps something the admin may wish to pursue. I for one, find it deficient in many respects. How does it deal, for example, with the current situation: the SI staff that supported the RA passes away, so who should the RA report to? Here are some eye-openers, juts FYI (and pardon me for sounding repetitive). Said RA
*is not known who he reports to, or what decapod groups he is waiting on and for what projects/manuscripts;
*comes to work "after hours only" but nobody knows when, yet we will extend him long term space privileges (meaning in the daytime his assigned space could be tied up);
* keeps an unusual number of catalogued specimens in NMNH office, and for unusual lengths of time, ignoring requests from curator in charge to put Them back in stacks;
* keeps in NMNH office what appear to be specimens that have not been registered through the required TM procedures;
* has currently 50 books checked out from the SI library (I checked this with the library);
* an SI staff from another NMNH department has been seen entering HA office and apparently handles specimens without authorization from IZ Cm head or curator in charge.
If I were to do this in any other museum Id be run out of that town.
[____]
>>> [____] 09/13/04 10:51 am >>>
I just reread 205, but I dont see any basis for terminating his appt based on this sort of activity, suppose we call him on the phone and verbally ask him to do the right thing and resign?
These e-mails are consistent with many others at this time. Your managers are still attempting to find a way to terminate your access. However, they have decided that the politics arent right for them to let you go. They wanted to make it clear that you should "do the right thing and resign." This supports your allegation that you were subjected to a hostile work environment. Finally, the last e-mail cited sets forth a troubling summary of events were people had to be investigating your work activities beyond that which is done for other RAs. They are even inspecting what you have been checking out from the library. We are very concerned where this type of scrutiny can lead. Your job as a scientist is to ask the hard questions and make other scientists think about their positions. This type of scrutiny does not engender the correct atmosphere. From the information received by OSC, not a single e-mail shows that a manager attempted to halt this type of retaliatory investigation or admonish those that had already taken place.
Eventually the changes in your working conditions were watered down significantly. You are now required to give your supervisor an outline of your research. This may seem innocuous, but as you explain, this can be used as a method of controlling any controversial study. Also, you make the point that others in your position were not asked to do the same. Second, they denied your access by taking your master key. Lastly, they have prevented you from having the same access to the research specimens. Again, this may seem minor until considering the advantage given to others that do not have the same hindrances.
There are many retaliatory comments made by senior scientists of the SI and NMNH noted in the documents and e-mails that we have received. Some are suggestions about how to handle the situation with you and some are directed at changes they want made to prevent scientists like you from being RAs. Many have not been cited in this letter. However, they do support the contention that the managers created a hostile work environment. The most telling of these off-handed comments came after they realized that you could not be discharged for cause and that they could only make, what they consider, minor changes to your work environment. They make the point that you only have a little more than two years left on your RA position with the SI and being that all RAs are required to have a sponsor, your RA will lapse, forcing you to leave. These emails make clear that nobody would be willing to sponsor you two years from now. In fact, your supervisor made this point.